Chapter 17.48
DEVELOPMENT OF ILLEGALLY DIVIDED LAND
Sections:
17.48.020 Public interest determination.
17.48.030 Innocent purchaser for value.
17.48.010 Conditions.
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 Chapter 58.17 RCW or Chapters 17.04 through 17.61 unless the hearing examiner finds that the public interest will not be adversely affected thereby. (Ord. 2007-02 (part): Ord. 1985-03 § 17.10)
17.48.020 Public interest determination.
Such approval as provided under this chapter shall only be given by the hearing examiner following a public meeting at which the hearing examiner shall determine that:
A. The district health officer has certified that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel are adequate;
B. The county engineer has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress with adequate drainage facilities, none of which interfere with or impair existing or planned public highway and drainage facilities in the vicinity;
C. The proposed development permit will not adversely affect the health, safety, or welfare of the adjacent property owners. (Ord. 2007-02 (part): Ord. 1985-03 § 17.20)
17.48.030 Innocent purchaser for value.
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 chapter; and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW and Chapters 17.04 through 17.60, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and reasonable attorneys’ fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorneys’ fees occasioned thereby. (Ord. 1985-03 § 17.30)