Chapter 16.44
PENALTIES AND ENFORCEMENT

Sections:

16.44.010    Enforcement – Restraining order – Conditional sales.

16.44.020    Enforcement – Permit issuance prohibited.

16.44.030    Violation declared gross misdemeanor.

16.44.040    Discontinuance of violation.

16.44.050    Violations, penalties and enforcement under Chapter 2.80.

16.44.010 Enforcement – Restraining order – Conditional sales.

 A. Whenever land is in the process of being divided pursuant to the land division code, and any person or their agent sells, leases, transfers, or offers or advertises for sale, lease, or transfer any lot or tract without the land division having been finally approved, the city attorney shall commence an action to restrain and enjoin further the land division or sale, lease, transfer, or offer for sale, lease or transfer and compel compliance with all provisions of the land division code on those lands which previously have been subdivided, sold, leased, transferred or offered for sale, lease or transfer in noncompliance with the land division code. The costs of such action shall be levied against the person or agent selling, leasing, or transferring the land.

B. If performance of an offer or agreement to sell, lease, or otherwise transfer land following approval of a preliminary plat is expressly conditioned on the recording of the final plat containing such parcel of land, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate this chapter. 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 disbursements from seller or seller’s agent shall be permitted until the final plat is recorded.

C. Whenever land within a land division granted final approval is used in any manner or for a purpose which violates any provision of the land division code, or any prescribed term or condition of approval of the land division, the city attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of the land division code, or with such terms and conditions of approval of the land division. The costs of such action shall be levied against the violator. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.44.020 Enforcement – Permit issuance prohibited.

 No building permit, septic tank permit or other development permit shall be issued for any lot or tract divided in violation of the land division code unless the administrator finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an individual who has purchased land for value and states under oath that he or she had no knowledge at any time prior to or during the sale that the land had been or is being created in violation of the provisions of the land division code. All purchasers’ or transferees’ property shall comply with the provisions of the land division code and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of the land division code, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of the land division code, as well as costs of investigation, suit and reasonable attorney’s fees occasioned thereby. Such purchaser or transferee may, as an alternative to causing the conformance of affected land to the land division code, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney’s fees occasioned thereby. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.44.030 Violation declared gross misdemeanor.

 Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of the land division code or the order of any court pursuant to this chapter, or any subsequent regulations adopted pursuant thereto, relating to the sale, offer for sale, lease, or transfer of any parcel of land, is guilty of a gross misdemeanor, subject to a fine of not more than five thousand dollars. Each sale, offer for sale, lease or transfer of each separate parcel of land in violation of any provision of the land division code or any regulation adopted pursuant thereto, shall be deemed to be a separate and distinct offense. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.44.040 Discontinuance of violation.

In the enforcement of the land division code, the city attorney may accept an assurance of discontinuance of any action or practice deemed in violation of the land division 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 the land division code. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.44.050 Violations, penalties and enforcement under Chapter 2.80.

In addition to authority in other provisions of this chapter, any violation of this title, or any regulation or permit issued pursuant to this title, may be enforced according to the uniform procedures set out in Chapter 2.80. (Ord. 1502 § 5 (Exh. U), 2015).