Chapter 16.44


16.44.010    Violation—Penalty.

16.44.020    Development of illegally divided land.

16.44.030    Unapproved plat—Not to be recorded.

16.44.010 Violation—Penalty.

A.    No person shall transfer, sell, lease or offer for transfer, sale or lease any land subject to the requirements of this title without having a subdivision or short subdivision approved and filed.

B.    Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this title is guilty of a gross misdemeanor. Any person convicted of a gross misdemeanor under this title shall be punished by a fine not to exceed five thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)

16.44.020 Development of illegally divided land.

A.    An application for a building permit, septic tank or other development permit for any lot, tract or parcel of land divided in violation of state law or this chapter shall not be granted without prior approval of the city council, which approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the city council that:

1.    The applicant purchased the lot, tract or parcel for value;

2.    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 part of a large lot, tract or parcel divided in violation of state law or this chapter; and

3.    The public interest will not be adversely affected by the issuance of such permit.

B.    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 this chapter, 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 the cost of investigation, suit and reasonable attorneys’ fees occasioned thereby. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)

16.44.030 Unapproved plat—Not to be recorded.

The county auditor shall be requested to refuse to accept for recording any plat or short plat which does not bear the city engineer’s certificate of approval. Should a plat or short plat be recorded without such a certificate, the city attorney shall apply for a writ of mandate on behalf of the city engineer, directing the auditor to remove the unapproved plat from the auditor’s files. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)