Chapter 17.44


17.44.010    Violations—Penalty.

17.44.010 Violations—Penalty.

(a)    No building permit or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of Chapter 58.17 RCW and this title as now in effect or hereafter amended;

(b)    Violations. Pursuant to RCW 58.17.300, any person, firm, corporation, or association, or any agent of any person, firm, corporation or association who violates any provision of this title relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land is guilty of a gross infraction, and shall be subject to the penalties, purchasers’ remedies and other legal sanctions authorized in this chapter and the zoning ordinance;

(c)    Enforcement. The city attorney, when authorized by the mayor, shall seek penalties, remedies, injunctions, and other legal sanctions necessary for the enforcement of this title. Enforcement actions will be governed by RCW 58.17.200, 58.17.210, 58.17.230, 58.17.300, and 58.17.320, which are adopted by reference. Injunctive remedies shall be available for enforcement of all chapters in this title; and

(d)    Cost of Enforcement Section. In addition to costs and disbursements provided for by statute, the prevailing party in an action for abatement, a foreclosure action, or collection action under this code may, in the court’s discretion, be allowed interest and a reasonable attorney’s fee. The city attorney shall seek such costs, interest, and the reasonable attorney’s fees on behalf of the city of Omak when the city is the prevailing party.

(e)    Review of Decision. Court review of any decision approving or disapproving any application authorized by any chapter of this title for unlawful, arbitrary, capricious or corrupt action or nonaction shall be governed by RCW 58.17.180, which is adopted by reference.

(f)    Failure to Act. If in an instance the planning commission fails to act or carry out its responsibilities according to the regulations contained in this title, the city council shall assume all the duties of the planning commission as specified in this title relating to the application concerned. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).