Chapter 29.47
ENFORCEMENT

Sections:

29.47.100    Enforcement.

29.47.200    Development of illegally divided land – Public interest determination.

29.47.300    Administrative enforcement actions – Issuance of development permit – Illegal status of lot.

SOURCE:    ADOPTED:

Ord. 594    05/21/96

AMENDED SOURCE:    ADOPTED:

Ord. 816    04/03/07

29.47.100 Enforcement.

(1) The provisions of this chapter are subject to the enforcement and penalty provisions contained in CCC Title 20, Code Compliance, except to the extent superseded by Chapter 58.17 RCW, and except to the extent preempted by any contrary enforcement and penalty provisions contained in this title. Conviction of a violation or payment of a penalty does not relieve a violator from compliance with this title.

(2) Pursuant to the provisions of RCW 58.17.200, as now enacted or hereafter amended, whenever any land is divided in violation of this title and sold, leased or transferred, without having a final plat for record pursuant to this title, the Prosecuting Attorney shall commence an action to restrain and enjoin further violations and compel compliance with all provisions of this title. The costs of such action shall be taxed by the Prosecuting Attorney against the person committing the violation.

(3) Pursuant to the provisions of RCW 58.17.220, as now enacted or hereafter amended, any person who violates any court order or injunction issued pursuant to this title shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days or both.

(4) Pursuant to the provisions of RCW 58.17.205, as now enacted or hereafter amended, if performance of an offer or agreement to sell, lease, or otherwise transfer a lot following preliminary land division approval is expressly conditioned upon the recording of the final subdivision or short subdivision containing the lot under this title, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provision of this title. All other offers or agreements are prohibited prior to final land division approval. All payments on account of an offer or agreement conditioned as provided in this title shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded.

(5) Pursuant to the provisions of RCW 58.17.230, as now enacted or hereafter amended, in the enforcement of this title, the Prosecuting Attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this title 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 Clallam County. A violation of such assurance shall constitute prima facie proof of a violation of this title. Acceptance of the assurance of discontinuance does not relieve the violator from compliance with this title.

(6) Pursuant to the provisions of RCW 58.17.300, as now enacted or hereafter amended, any person who sells, leases, or transfers any lot divided in violation of this title shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each lot in violation of any provision of this title shall be deemed a separate and distinct offense; provided, that this provision does not apply to land transfer agreements consistent with subsection (4) of this section.

(7) Pursuant to the provisions of RCW 58.17.320, as now enacted or hereafter amended, whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this title or any term or condition of plat approval prescribed for the plat, then the Prosecuting Attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of this title, or with such terms or conditions. The costs of such action may be taxed against the person committing the violation.

29.47.200 Development of illegally divided land – Public interest determination.

No application for a building permit, septic tank permit or other development permit for any lot divided in violation of State law or this title shall be granted without prior approval of the Board. Such approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the Board that:

(1) The Director of Environmental Health has certified that the proposed means of sewage disposal and water supply on and to the lot will satisfy public health law.

(2) The County Engineer has certified that access to the lot will not interfere with or impair existing or planned public roads and drainage facilities in the vicinity.

(3) The Planning Director has certified that the proposed development conforms to zoning regulations.

(4) The proposed development will not adversely affect the safety, health or welfare of adjacent property owners, or interfere with their enjoyment of their property.

(5) The applicant purchased the lot for value.

(6) 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 had been part of a larger lot divided in violation of State law or this title. The test to determine “exercise of care” shall include, at a minimum, documented or eyewitness testimony that the applicant did inquire with a licensed real estate agent, seller or a public agency within Clallam County about conformance of the parcel to County or State subdivision law prior to purchase of the parcel.

29.47.300 Administrative enforcement actions – Issuance of development permit – Illegal status of lot.

Approval of the applicable permit by the Board pursuant to this title does not alter the illegal status of the lot. The right to develop the lot as specified by permit is transferable except to the violator of this title.