Chapter 16.44


16.44.010    Violation—Penalty.

16.44.010 Violation—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 or this title as now in effect or hereafter amended.

B.    Violations. Pursuant to Section 58.17.300 RCW, 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 and council shall seek penalties, remedies, injunctions, and other legal sanctions necessary for the enforcement of this title will be governed by Sections 58.17.200, 58.17.210, 58.17.230, 58.17.300, and 58.17.320 RCW, which are adopted by reference. Injunctive remedies shall be available for enforcement of all chapters in this title.

D.    Cost of Enforcement. In addition to costs and disbursements provided for by statute, the prevailing part 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 when the city is the 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 Section 58.17.180 RCW, 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. 98-570 § 11.01, 1998)