Chapter 16.32
PENALTIES
Sections:
16.32.010 Action to restrain violations.
16.32.020 Enforcement – Compliance with this chapter.
16.32.030 Permits prohibited.
16.32.040 Conditional offers of sale.
16.32.050 Penalties.
16.32.060 Discontinuance of violation.
16.32.070 Violation defined.
16.32.010 Action to restrain violations.
Whenever any parcel of land is divided into two or more lots, tracts, or parcels of land, and any person, firm, or corporation or any agent of any of them sells, leases, transfers, or offers or advertises for sale, lease, transfer of any such lot, tract, or parcel without having a final plat of such subdivision filed for record, or, in the case of a short plat, approval as specified in EMC 16.08.060, the city attorney shall commence an action to restrain and enjoin further subdivisions or sale, lease, transfer, or offers of sale, lease or transfer, and compel compliance with all provisions of this act on those lands which previously have been subdivided, sold, leased, transferred or offered for sale, lease or transfer in noncompliance with this code. Earnest money may be taken and held in escrow toward the purchase of a lot or lots in a plat or short plat prior to final approval, but title may not be transferred until final plat approval has been secured. The costs of such action shall be taxed against the person, firm, corporation or agent selling, leasing or transferring the property. (Ord. 572 § 1, 2001)
16.32.020 Enforcement – Compliance with this chapter.
Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, or any term or condition of plat approval prescribed for the plat by the council, then the prosecuting attorney or the Attorney General, if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use, and compel compliance with the provisions of this code, or with such terms or conditions. The costs of such action may be taxed against the violator. (Ord. 572 § 1, 2001)
16.32.030 Permits prohibited.
No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided or leased in violation of this code or local regulations adopted pursuant thereto unless the authority authorized to issue such a 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 or lessee for value without actual notice. All other purchaser’s, lessee’s, or transferee’s property shall comply with the provisions of this code, and such purchaser, lessee, or transferee may recover his damages from any person, firm, corporation, or agent, including any amount reasonable spent as a result of inability to obtain any development permit, and spent to conform to the requirements of this code, as well as cost of investigation and suit, and reasonable attorney’s fees occasioned thereby. Such purchaser, lessee, or transferee may, as an alternative to conforming his property to those requirements, rescind the sale, lease, or transfer and recover costs of investigation, suit, and reasonable attorney’s fees occasioned thereby. (Ord. 572 § 1, 2001)
16.32.040 Conditional offers of sale.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under Chapter 58.17 RCW and this code, the offer or agreement is not subject to EMC 16.32.010 and 16.32.020, and does not violate any provision of Chapter 58.17 RCW or this code. 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. (Ord. 572 § 1, 2001)
16.32.050 Penalties.
Any person who violates any court order or injunction issued pursuant to this code shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days or both. (Ord. 572 § 1, 2001)
16.32.060 Discontinuance of violation.
In the enforcement of this code, the city attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this code from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with, and subject to, the approval of the Superior Court of Chelan County. A violation of such assurance shall constitute a prima facie proof of a violation of this code. (Ord. 572 § 1, 2001)
16.32.070 Violation defined.
Any person, firm, corporation, or association or any agency of any person, firm, corporation, or association who violates any provision of this code or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land shall be guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provisions shall be deemed to be a separate and distinct offense. (Ord. 572 § 1, 2001)