Chapter 16.56
Administration and Enforcement
Sections:
16.56.010 Procedure when unapproved plat filed.
16.56.020 Injunctive action when final plat not filed.
16.56.030 Permit issuance prohibited for land divided in violation of state law or title--Exception.
16.56.040 Sale pursuant to an unrecorded plat prohibited.
16.56.050 Unlawful representations.
16.56.010 Procedure when unapproved plat filed.
As provided in RCW 58.17.190, the county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the city council. Should a plat or dedication be filed without such approval, the prosecuting attorney of Grays Harbor County shall apply for a writ of mandate in the name of an on behalf of the city council directing the county auditor and assessor to remove from their files or records the unapproved plat or dedication of record. (Ord. 979 §14.01, 1975).
16.56.020 Injunctive action when final plat not filed.
(a) As provided in RCW 58.17.200, whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm, or corporation or any agent of any of them sells 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 prosecuting attorney for Grays Harbor County shall commence an action to restrain and enjoin further subdivision or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of RCW Chapter 58.17 and of this title. The costs of such action shall be taxed against the person, firm, or corporation or agent selling or transferring the property.
(b) The prosecuting attorney shall take similar action in the event of sale or transfer, or offers or advertisements for sale or transfer, of any lot, tract, or parcel in a short plat subdivision unless a plat thereof, approved by the appropriate city officials, has been filed for record. (Ord. 979 §14.02, 1975).
16.56.030 Permit issuance prohibited for land divided in violation of state law or title--Exception.
As provided in RCW 58.17.210, no building permit, septic tank permit, or other developmental permit, shall be issued for any lot, tract, or parcel of land divided in violation of RCW Chapter 58.17 or of this title 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 seciton shall not apply to an innocent purchaser for value without actual notice. All purchasers or transferees may pursue the legal remedies set forth in RCW 58.17.210. (Ord. 979 §14.03, 1975).
16.56.040 Sale pursuant to an unrecorded plat prohibited.
It is unlawful to sell, trade or otherwise convey, or offer to sell, trade or otherwise convey any lot or parcel of land as a part of, or in conformity with, any map, plat, replat or plan of any subdivision unless and until the map, plat, replat or plan has been first recorded in the office of the Grays Harbor County auditor under the provisions of this title. (Ord. 979 §14.04, 1975).
16.56.050 Unlawful representations.
It is unlawful for any person, firm, or corporation owning a plat or subdivision of land within the city to represent that any improvement upon any of the streets, alleys or other public ways of the plat or subdivision has been constructed according to the plans and specifications approved by the appropriate officials of the city or has been supervised or inspected by them, when such improvement has not been so constructed, supervised or inspected. (Ord. 979 §14.05, 1975).
16.56.060 Unauthorized land use prohibited--Actions for enforcing compliance authorized when--Costs.
As provided in RCW 58.17.320, whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of RCW Chapter 58.17 or of this title adopted pursuant thereto, or of any term or condition of plat approval prescribed in this title, then the prosecuting attorney of Grays Harbor County, or the Attorney General of the state of Washington, if the prosecuting attorney fails to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of RCW Chapter 58.17 and of this title or with such terms or conditions. The costs of such action may be taxed against the violator. (Ord. 979 §14.06, 1975).