Chapter 17.18
ENFORCEMENT AND APPEALS

Sections:

17.18.010    Violation.

17.18.020    Conditional offers of sale.

17.18.030    Permits prohibited.

17.18.040    Penalties.

17.18.050    Appeals.

17.18.010 Violation.

A. Whenever any parcel is divided into two or more lots, tracts, or parcels of land and any person, firm, corporation, or agent of any of them sells, leases, transfers, or offers or advertises for sale, lease, or transfer any such lot, tract, or parcel without having complied with all the requirements of this title, the city attorney shall commence an action to restrain and enjoin further subdivision or sales, lease, transfers, or offers of sale or transfer and compel compliance with all provisions of this title. The costs of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property.

B. In addition to penalties, as provided herein, all violations of any provisions of this title or any incorporated standards or conditions of any permit hereunder, are made subject to the provisions of Chapter 21.13 LMC. [Ord. 1223 § 1, 2004.]

17.18.020 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 of a short plat or major subdivision and following final approval of a boundary line adjustment, plat alteration, plat vacation, or binding site plan is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this title, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow account or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. [Ord. 1223 § 1, 2004.]

17.18.030 Permits prohibited.

No building permit, health district permit, or other development permit shall be issued for any lot, tract, or parcel divided in violation of this title or local regulations adopted pursuant thereto. 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 title. [Ord. 1223 § 1, 2004.]

17.18.040 Penalties.

Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this title or any subsequent regulations adopted pursuant thereto relating to the sale, offer for sale, or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor and is subject to the provisions contained in Chapter 21.13 LMC. [Ord. 1223 § 1, 2004.]

17.18.050 Appeals.

Any decision approving or disapproving a plat shall be reviewable for unlawful, arbitrary, or capricious action per the provisions contained in Chapter 21.11 LMC. [Ord. 1223 § 1, 2004.]