Chapter 18.160
MISCELLANEOUS, REVIEW, PENALTIES AND SEVERABILITY
Sections:
18.160.010 Record of proceedings.
18.160.070 Land recording fees.
18.160.010 Record of proceedings.
A. A summary of all hearings and public meetings before the planning commission and the city council shall be preserved in a reasonable manner, which may include a tape recording of the hearing.
B. The appellant shall be responsible for paying all reasonable costs for transcribing the record of relevant hearings or meetings. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.160.020 Penalties.
A. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions. The costs of such action may be taxed against the violator.
B. Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this division or any permit or written order or decision issued pursuant to this division shall be subject to a Class 1 civil infraction citation (Section 18.12.130(F)(6)) as defined in RCW 7.80.120.
C. 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. 548 § 2 (Exh. F) (part), 2007)
18.160.030 Enforcement.
The provisions of Section 18.12.130, Enforcement, shall apply in addition to the following:
A. Assessor-Treasurer. The county assessor-treasurer shall notify the city when a request to segregate any parcel of land that appears to be in violation of this division.
B. Building Inspection and Permits.
1. 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 division.
2. Building permits shall be denied to any applicant whose parcel, lot or tract is not in compliance with this division. No building permit shall be issued for any lot within a subdivision or short subdivision until final approval is obtained from the city, except as provided for in Section 18.160.040, Model home.
3. Building permits, except as provided herein, shall not be issued to any applicant until the site plan includes any required or mentioned element noted on the final plat or short plat, 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 division.
D. Assessor-Treasurer. The established real estate excise tax affidavit shall be filed in the county assessor-treasurer’s office for all transfers of real property within the city of Rainier. An affidavit shall include a parcel number(s) of the current tax account(s) 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. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.160.040 Model home.
It shall be the purpose and intent of this chapter to allow up to four detached or attached model home dwellings within a preliminary subdivision, or one model home dwelling in a short subdivision, which has been preliminarily 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 all city 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 Section 18.44.120(E).
C. Model homes may be sold; however, the sale shall not be considered final until such time as the preliminary plat or short plat has been approved and recorded as a final plat or final short 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 roads are established within the final plat.
E. All necessary building and construction permits are required to be obtained. (Ord. 575 § 41, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)
18.160.050 Reserved.
(Ord. 548 § 2 (Exh. F) (part), 2007)
18.160.060 Administration.
The community development department is the primary city department responsible for administration of this regulation. However, other city departments and other agencies are delegated specific review and approval responsibilities, in addition to the opportunity to comment on any proposal. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.160.070 Land recording fees.
Please check with the county assessor-treasurer and auditor for current fees. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.160.080 Severability.
If any provision of this division or its application to any person or legal entity or circumstances is held invalid, the remainder of this division, or the application of the provision to other persons or legal entities or circumstances, shall not be affected. (Ord. 548 § 2 (Exh. F) (part), 2007)