Chapter 17.08
ADMINISTRATIVE MATTERS
Sections:
17.08.010 Violations and remedies.
17.08.030 Review by public agencies.
17.08.040 Resubmittal of applications.
17.08.010 Violations and remedies.
A. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of Chapter 58.17 RCW, any provision of this title or any term or condition of plat approval prescribed for the plat by the local government, then the city attorney, or the attorney general if the city attorney shall fail to act, shall commence an action to restrain and enjoin such use and compel compliance with the provisions of Chapter 58.17 RCW or this title or with such terms and conditions. The costs of such action may be taxed against the violator.
B. Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of Chapter 58.17 RCW, or this title adopted pursuant thereto, relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of Chapter 58.17 RCW or this title adopted pursuant thereto shall be deemed a separate and distinct offense.
C. Whenever any parcel of land is divided and lots, tracts or parcels of land, unless otherwise exempted by this title, and any person, firm or corporation or any agent of any of them sell or transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final plat of such subdivision filed for record, the city attorney shall commence an action to restrain and enjoin further subdivisions of sales or transfers, or offers of sale or transfer, and compel compliance with all provisions of Chapter 58.17 RCW. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property.
D. In the enforcement of Chapter 58.17 RCW, the city attorney may accept an assurance of discontinuance of any act or practice deemed in violation of Chapter 58.17 RCW, 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 approval of the superior court of Spokane County. A violation of such assurance shall constitute prima facie proof of a violation of Chapter 58.17 RCW.
E. All purchasers or transferee’s property shall comply with provisions of Chapter 58.17 RCW, and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW or local regulations adopted pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW as well as cost of investigation, suit and reasonable attorney’s 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 attorney’s fees occasioned thereby.
F. Unapproved Plat. The Spokane County auditor shall refuse to accept any plat until approval of the subdivision has been given by the appropriate legislative body. Should a plat or dedication be filed without such approval, the city attorney of the city of Deer Park shall apply for a writ of mandate on behalf of the city council, directing the Spokane County auditor and assessor to remove from their files or records the unapproved plat or dedication of record.
G. No building permit, sewage disposal system permit or other development permit for any lot, tract or parcel of land divided in violation of this title shall be granted unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. 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. 681 § 2, 1996)
17.08.020 Fees.
Fees shall be established for proceedings under this title by resolution of the city council, and shall be accepted by the subdivision administrator for deposit with the city finance department. All fees are nonrefundable. No application shall be considered complete unless accompanied by the required fee. (Ord. 681 § 2, 1996)
17.08.030 Review by public agencies.
Prior to conducting public hearings on any proposed amendments or additions to the text of this title, such amendments or additions, together with appropriate supporting materials, shall be forwarded to the State Department of Community Trade and Economic Development for its preliminary review as required by WAC 365-195-620. Other state, county, and/or local agencies shall be similarly notified where any such agency may have an interest in the amendments or additions to the text of this title. Such distribution shall be the responsibility of the planning director.
Amendments to the text of this title shall be forwarded to the Spokane County assessor pursuant to DPMC 19.24.020. (Ord. 722 § 20, 1998)
17.08.040 Resubmittal of applications.
No application administered under the authority of this title, which has been denied in whole or in part, shall be filed again within six months from the date of such denial, except upon proof of changed conditions or by written permission from the planning director. (Ord. 722 § 21, 1998)