Chapter 20.82
ADMINISTRATION AND ENFORCEMENT
Sections:
20.82.010 Interpretation – Conflict.
20.82.020 Review and approval procedures.
20.82.040 Violations, enforcement, and penalties.
20.82.010 Interpretation – Conflict.
(1) In their interpretation and application, the provisions of this subtitle shall be considered the minimum requirements required. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety, and welfare.
(2) Except as provided for otherwise in this subtitle, the community development director or designee shall have the authority for interpreting the meaning, words, phrases, and sentences set forth in this subtitle and the determination of how specific situations are regulated by this subtitle.
(3) Whenever, in the course of administration and enforcement of this subtitle, it is necessary or desirable to make any administrative decision, unless other standards are provided for, the decision shall be made so that the result will not be contrary to the spirit and purpose of this subtitle or injurious to the surrounding neighborhood. When this subtitle imposes a greater restriction or higher standard on the development and uses of land or improvements thereon than is required by other codes, rules, or private covenants or agreements, the provisions of this subtitle shall prevail and shall be followed. Regardless of any other provision of this subtitle, no land shall be divided in violation of any local, state, or federal law or regulation.
(4) Appeals of an administrative interpretation of this subtitle shall be processed in accordance with the provisions of Subtitle II (Permitting and Development Approval) of this title. (Ord. 019-17 § 18 (Exh. 1)).
20.82.020 Review and approval procedures.
(1) The procedures for approval of short and long plats, binding site plans, and all subdivisions not exempt from this subtitle, as well as the vesting of rights related to those types of approvals, are set forth in this subtitle. All such provisions require consistency with the requirements of RCW Title 58 (Boundaries and Plats) or its successors, as applicable to the type of land division being proposed.
(2) In addition to compliance with this subtitle, all subdivisions, short subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments, subdivision alterations, and vacations shall adhere to all applicable adopted city standards and regulations, including, but not limited to, the comprehensive plan, the shoreline master program, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, the city’s street and utility standards, the city’s zoning and building codes, the city’s concurrency ordinance, public works and street standards, stormwater drainage code, critical areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are on file with the city clerk.
(3) For purposes of compliance with RCW Title 58 or its successors, the city of Port Orchard subdivision regulations shall consist of this subtitle, as well as applicable substantive standards in Subtitle X (Building and Construction Standards), Subtitle VIII (Environmental Regulations), and Subtitle III (Zoning Regulations) of this title, applicable procedures set forth in Subtitle II (Permitting and Development Approval) of this title, and any related local regulations or ordinances adopted in accordance with state law.
(4) For purposes of compliance with the city’s design regulations and development standards, applications shall be reviewed for compliance with POMC Title 12 (Streets and Sidewalks) and Subtitle X (Building and Construction Standards) of this title.
(5) The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW. (Ord. 019-17 § 18 (Exh. 1)).
20.82.030 Vesting.
A complete application for a short plat, preliminary plat or binding site plan shall be considered under the subdivision, short subdivision or preliminary binding site plan regulations and zoning or other land use control ordinances in effect on the land at the time the fully completed application for the preliminary plat approval of the subdivision, short plat approval of the short subdivision, or a preliminary binding site plan has been submitted to the department of community development. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW (the State Environmental Policy Act). (Ord. 019-17 § 18 (Exh. 1)).
20.82.040 Violations, enforcement, and penalties.
(1) General. It is a violation of this subtitle for a person to divide, segregate, sell, or transfer, or offer to sell or transfer, real property in violation of this subtitle. It is a violation of this subtitle to do any other thing with respect to a lot, tract, parcel, or property in the city that violates this subtitle or violates a plat or short plat restriction imposed by the city.
(2) Enforcement. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this subtitle or of any notice or lawful order issued hereunder. Except as otherwise provided in this section, any violation of this subtitle shall be subject to the enforcement and penalty provisions of Chapter 20.02 POMC, Administration and Enforcement.
(3) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this subtitle, shall be guilty of a gross misdemeanor. Each violation involving a separate lot, tract, or parcel of land is a separate and distinct offense; provided, an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is not a violation of this subtitle if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded.
(4) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this subtitle or any term or condition of plat approval prescribed for the plat, the city may commence an action to restrain and enjoin such use and compel compliance with the provision, terms, or conditions. The costs of such action may be taxed against the violator.
(5) Any person who violates any court order or injunction issued pursuant to this subtitle is guilty of a misdemeanor.
(6) No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this subtitle unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers’ or transferees’ property shall comply with provisions of this subtitle and each purchaser or transferee may recover their damages from any person, firm, corporation, or agent selling or transferring land in violation of this subtitle, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this subtitle as well as cost of investigation, suit, and reasonable attorneys’ fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming their property to these requirements, rescind the sale, or transfer and recover costs of investigation, suit, and reasonable attorneys’ fees occasioned thereby.
(7) The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this subtitle and has the authority to administer and enforce this subtitle and any such rules and regulations. (Ord. 017-23 § 1 (Exh. A); Ord. 024-19 § 1 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)).
20.82.050 Appeals.
Appeals of decisions made pursuant to this subtitle shall be as set forth in the applicable chapter and pursuant to Subtitle II (Permitting and Development Approval) of this title. (Ord. 019-17 § 18 (Exh. 1)).