Chapter 16.44
ENFORCEMENT
Sections:
16.44.010 Development permits not to be issued.
16.44.020 Violations—Penalties.
16.44.010 Development permits not to be issued.
A. 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 state law or this title unless the city council finds issuance of such permit will not adversely affect the public interest. City council approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the city council that issuance of the permit will not adversely affect the public interest. This prohibition shall not apply to an innocent purchaser for value without actual notice.
B. All purchasers’ or transferees’ property shall comply with provisions of this title and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of this title, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this title 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. 626 § 2 (Exh. A) (part), 1995)
16.44.020 Violations—Penalties.
Pursuant to RCW 58.17.300 as now exists or as may be hereafter amended, any person, firm, corporation or association, or any agent of any person, firm, corporation or association who violates any provision of this title, relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land is guilty of a gross misdemeanor, and shall be subject to the gross misdemeanor penalty as set forth in RCW 9A.20.021 as now exists or as may be hereafter amended. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.44.030 Enforcement.
A. The city attorney, when authorized by the mayor and council shall seek penalties, remedies, injunctions, and other legal sanctions necessary for the enforcement of this title.
B. Cost of Enforcement. In addition to costs and disbursements provided for by statute, the prevailing party in an action for abatement, a foreclosure action or collection action under this code may, in the court’s discretion, be allowed interest and reasonable attorneys’ fees. The city attorney may seek such costs, interest, and reasonable attorneys’ fees, including attorneys’ fees to appeal, on behalf of the city of Brewster when the city is the party. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.44.040 Review of decision.
Court review of any decision approving or disapproving any application authorized by any chapter of this title shall be governed by RCW 58.17.180 as now exists or as may be hereafter amended. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.44.050 Failure to act.
If in an instance the planning agency fails to act or carry out its responsibilities according to the regulations contained in this title, the city council shall assume all the duties of the planning agency as specified in this title relating to the application concerned. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)