Chapter 16.32
PENALTIES
Sections:
16.32.010 Action to restrain violations.
16.32.040 Discontinuance of violation.
16.32.060 Duties of other county officials.
16.32.010 Action to restrain violations.
Whenever any parcel of land is divided into two or more lots, tracts or parcels of land and any person, firm or corporation or any agent of any of them sells, leases or transfers, or offers or advertises for sale, lease or transfer any such lot, tract or parcel without having a final plat of such subdivision filed for record, or in the case of a short plat, approval as specified in EWMC 16.12.080, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sale, lease or transfers or offers of sale, lease or transfer and compel compliance with all provisions of this act on those lands which previously have been subdivided, sold, leased, transferred or offered for sale, lease or transfer in noncompliance with this title. The costs of such action shall be taxed against the person, firm, corporation or agent selling, leasing or transferring the property. (Ord. 282 § 8.02, 1979)
16.32.020 Permits prohibited.
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 this title or local regulations adopted pursuant thereto 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 other purchasers’ or transferees’ property shall comply with provisions of this title and such purchaser or transferee may recover his damages from any person, firm, corporation or agent 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 and 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 the costs of investigation, suit and reasonable attorneys’ fees occasioned thereby. (Ord. 282 § 8.04, 1979)
16.32.030 Penalties.
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. (Ord. 282 § 8.06, 1979)
16.32.040 Discontinuance of violation.
In the enforcement of this title the city 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 Douglas County. A violation of such assurance shall constitute prima facie proof of a violation of this title. (Ord. 282 § 8.08, 1979)
16.32.050 Violation defined.
Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provisions of this title or any local regulations 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 this title or any local regulation adopted pursuant thereto shall be deemed to be a separate and distinct offense. (Ord. 282 § 8.10, 1979)
16.32.060 Duties of other county officials.
The Douglas County treasurer shall refuse to accept excise tax payments, the Douglas County auditor shall refuse to accept for recording and the Douglas County assessor shall refuse to segregate any tracts, parcels or lots which have not been subdivided as specified in this title. (Ord. 282 § 8.12, 1979)