Chapter 16.28
ILLEGAL DIVISIONS AND TRANSFERS
Sections:
16.28.010 Development of illegally divided land—Public interest determination.
16.28.020 Development of illegally divided land—Innocent purchaser for value.
16.28.030 Illegal transfer or offer to transfer—Misdemeanor.
16.28.040 Illegal transfer or offer to transfer—Injunctive relief.
16.28.050 Illegal transfer or offer to transfer—Assurance of discontinuance.
16.28.060 Illegal transfer—Damage recovery for purchaser.
16.28.010 Development of illegally divided land—Public interest determination.
No application for a building permit, septic tank permit or other development permit for any lot, tract or parcel of land divided in violation of state law or this title shall be granted without prior approval of the planning commission. Such approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the planning commission that:
A. The director of health 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, and with adequate drainage facilities, none of which interfere with or impair existing or planned public highway and drainage facilities in the vicinity;
C. The planning commission has certified that the proposed development conforms to the comprehensive plan and all zoning regulations;
D. The proposed development will not adversely affect the safety, health or welfare of adjacent property owners, or interfere with their enjoyment of their property. (Ord. 77-3 § 64)
16.28.020 Development of illegally divided land—Innocent purchaser for value.
An application for a building permit, septic tank permit or other development permit for any lot, tract or parcel of land divided in violation of state law or this title shall not be granted without prior approval of the board, which approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the board that:
A. The applicant purchased the lot, tract or parcel for value;
B. The applicant did not know, and could not have known by the exercise of care which a reasonable purchaser would have used in purchasing the land, that the lot, tract, or parcel had been a part of a larger lot, tract or parcel divided in violation of state law or this title. (Ord. 77-3 § 65)
16.28.030 Illegal transfer or offer to transfer—Misdemeanor.
It is unlawful for any person, firm or corporation to transfer, sell, or offer for transfer or sale any land in violation of the requirements of this title. Any person convicted of violating any provision of this title shall be guilty of a misdemeanor, and shall be punished by a fine of not more than three hundred dollars or by imprisonment in the county jail for a period not to exceed ninety days or both. (Ord. 77-3 § 66)
16.28.040 Illegal transfer or offer to transfer—Injunctive relief.
Whenever land is divided in violation of the provisions of this title and any person, firm, or corporation transfers or sells or offers for transfer or sale such land, the prosecuting attorney may commence an action to enjoin further violations or attempted violations of this title by the said person, firm or corporation, or successors thereof and to compel compliance with this title. (Ord. 77-3 § 67)
16.28.050 Illegal transfer or offer to transfer—Assurance of discontinuance.
The prosecuting attorney may accept a written assurance of discontinuance of any act or practice violative of this title from any person who has committed or is committing such act or practice. The assurance may include a promise to file a proposed plat for approval and to satisfy all reasonable conditions required to effect its approval. Any wilful failure to perform a promise contained in such an assurance shall constitute a separate misdemeanor, punishable to the same extent as other misdemeanors defined by this title. (Ord. 77-3 § 68)
16.28.060 Illegal transfer—Damage recovery for purchaser.
A transferee who cannot secure a building permit, septic tank permit or other developmental permit for the reason that his transferor failed to comply with any provision of this title may recover damages from his transferor, to include compensation for the loss of his bargain, actual costs of investigation and suit, reasonable attorney’s fees and such additional elements as the law allows. (Ord. 77-3 § 69)