Chapter 17.42MISCELLANEOUS, REVIEW, PENALTIES AND SEVERABILITY

Sections:

17.42.010
Record of Proceedings.
17.42.020
Penalties.
17.42.030
Enforcement.
17.42.040
Model Home.
17.42.045
Affidavit of Correction.
17.42.050
Administration.
17.42.060
Land Surveys and Recording Fees.
17.42.070
Severability.
17.42.010Record of Proceedings.

A summary of all hearings and public meetings before the Examiner and the Hearing Examiner shall be preserved in a reasonable manner which may include a tape recorded record.

The appellant shall be responsible for paying all reasonable costs for transcribing the record of relevant hearings or meetings. (Ord. 591 § 75, 2015; Ord. 60 § 1 (part), 1996.)

17.42.020Penalties.

A. Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this Title adopted pursuant to State law, 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 shall be deemed a separate and distinct offense.

B. Any person who violates any court order or injunction issued pursuant to this Title or State law shall be subject to a fine of not more than five thousand dollars ($5,000.00) or imprisonment for not more than ninety (90) days or both.

C. Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this Title or any permit or written order or decision issued pursuant to this Title shall be subject to a Class 2 civil infraction citation as defined in the City’s civil infractions ordinance.

D. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this Chapter, the offer or agreement is not subject to the penalties above and does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section 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. (Ord. 60 § 1 (part), 1996.)

17.42.030Enforcement.

All City staff shall submit all suspected violations of this Title to the City Attorney.

A. Assessor-Treasurer. The County Assessor-Treasurer, when requested to segregate any parcel of land which appears to be in violation of this Title, shall notify the City Attorney.

B. Building Inspection and Permits Department. All applicants for building permits shall show by instrument of conveyance and an affidavit from his vendor, grantor or the applicant, that their building lot is not a division from an original tract or that they or their predecessors have complied with or are exempt from this Title. Building permits shall be denied to any applicant whose parcel, lot or tract is not in compliance with this Title. No building permit shall be issued for any lot within a plat or short plat until final approval is obtained from the appropriate City authority except as provided herein for Model Homes.

Building permits except as provided herein shall not be issued to any applicant until his site plan includes any required or mentioned element noted on the final plat, short plat or large lot division, including but not limited to building site location, access, drainage, sewers or septic tank and water system. An occupancy certificate shall not be issued until all such required or mentioned elements are satisfied.

C. Health Department. Septic tank permits may be denied to any applicant whose parcel, lot or tract is not divided in compliance with this Title.

D. Assessor-Treasurer. A one percent (1%) real estate excise tax affidavit shall be filed in the County Assessor-Treasurer's Office for all transfers of real property within the City. The affidavit shall include a parcel number or numbers of the current tax account or accounts involved in the sale. If there is a separation of said tax account, the total acreage or square footage of said tax account shall be stated therein and a rough diagram of the original parcel and the divided parcel shall be drawn thereon. Said diagram shall identify the section, township, range, quarter section and placement of existing buildings.

At the determination of the Assessor-Treasurer that the parcel sold is less than twenty (20) acres and is a segregation from the original parcel, he/she shall require that said affidavit be approved by the City Community Development Department before he may place the excise stamp on the conveying instrument for the real property. (Ord. 60 § 1 (part), 1996.)

17.42.040Model Home.

It shall be the purpose and intent of this Chapter to allow up to four (4) detached or attached dwellings within a preliminary subdivision which has been approved in accordance with all existing plans and regulations. The purpose of said dwellings shall be to demonstrate a variety of housing designs together with all associated on-site improvements, e.g., landscaping, improved driveway, patios, etc.

Model Homes when proposed shall be established subject to the following criteria:

A. Model Homes must meet the requirement of the City Building Codes with respect to being certified for use occupancy.

B. Only one Model Home may be occupied as a temporary real estate office pursuant to the Zoning Code.

C. Model Homes may be sold, however the sale shall not be considered final until such time as the preliminary plat has been approved and recorded as a final plat except as otherwise provided herein by this regulation.

D. All public and private roads providing access to the Model Homes shall be improved and maintained in a dust-free condition until such time as the permanent streets are established within the final plat. (Ord. 60 § 1 (part), 1996.)

17.42.045Affidavit of Correction.

A. Any map page or document on file with the Pierce County Auditor/Recorder’s Office under the provisions of this title that contains an error in fact or omission may be amended by an affidavit of correction. The following types of errors may be corrected by affidavit:

1. Any bearing, distance or elevation omitted from the recorded document;

2. An error in any bearing, distance or elevation shown on the recorded document;

3. An error in the description of the real property shown on the recorded document;

4. An error in the field location of any shown easement; or

5. Any other error or omission where the error or omission is ascertainable from the data shown on the recorded document.

B. Nothing in this section shall be construed to permit changes in courses, distances or elevations for the purpose of redesigning lot or tract configurations.

C. The affidavit of correction shall contain the seal and signature of the land surveyor making the correction.

D. The affidavit of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The notarized signatures of the owners shall be required, if deemed necessary by the department.

E. The affidavit of correction form, as provided by the community development department, shall be submitted to the department for review and approval and shall include signatures of the development engineer, the director of the department, and the Pierce County Assessor. After department approval, the affidavit shall be recorded with the Pierce County Auditor’s Office Submittals shall include payment of applicable fees;

F. Should a nonsurvey-related error occur on the recorded document as a result of information required to be placed on the document by the department, the department’s responsible land surveyor may prepare the affidavit providing the original land surveyor has no objections. The seal and signature of the department’s responsible land surveyor making the correction shall be affixed to the affidavit. A copy of the affidavit shall be mailed by the department to the original land surveyor following recording. (Ord. 591 § 77, 2015.)

17.42.050Administration.

The Community Development Department is the primary City department responsible for administering this regulation, however, other City departments are delegated specific duties. In the event a legal question is involved, only the Community Development Department, Examiner or Council may refer the question to the City Attorney’s Office for advice. (Ord. 60 § 1 (part), 1996.)

17.42.060Land Surveys and Recording Fees.

(NOTE: Please check with the Auditor's Office for the proper fee amount.)

(Ord. 60 § 1 (part), 1996.)

17.42.070Severability.

If any provision of this Title or its application to any person or legal entity or circumstances is held invalid, the remainder of the Title, or the application of the provision to other persons or legal entities or circumstances shall not be affected. (Ord. 60 § 1 (part), 1996.)