Chapter 14.40
SUBDIVISION AND SHORT SUBDIVISION ENFORCEMENT PROVISIONS
Sections:
14.40.010 Administrative officer.
14.40.030 Building permits restricted.
14.40.040 Penalty for violation.
14.40.050 Each transfer a separate offense.
14.40.060 Violation as nuisance.
14.40.010 Administrative officer.
The administrator shall be vested with the administrative duty of interpreting, coordinating responsibilities, and enforcing the provisions of YMC Title 14. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.40.020 Variances.
A. Applications for variances from the literal enforcement of YMC Title 14 shall be made in writing and filed by the landowner with the city planning division, which application shall specifically state the relief sought and the reasons thereof. The application for variance shall demonstrate all of the following:
1. That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same area.
2. That literal interpretation of the provisions of this title would deprive the land owner of rights commonly enjoyed by other properties in the same area under the terms of this title.
3. That the special conditions and circumstances do not result from the actions of the applicant.
4. That the special hardship is not self-inflicted.
5. That granting the variance requested will not confer on the applicant any special privilege that is denied by provisions of this title to other lands in the same area.
6. That financial gain is not the ground or grounds for the variance.
7. That the variance will not nullify the intent and purpose of the general plan nor the provisions of this title.
B. An application for a variance shall be considered by the hearing examiner at an open record public hearing, and the hearing examiner shall make its recommendation to the city council.
C. On receipt by the city council of the hearing examiner’s recommendation, the city council shall consider the application at a public meeting. The city council may grant such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would work a unique hardship on the applicant. In granting such variance, the city council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements concerning which a variance is granted. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.40.030 Building permits restricted.
A. No building permit, utility permit or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this title.
B. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice of the act or acts constituting the violation. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.40.040 Penalty for violation.
Any person, as defined in YMC 14.10.020, who violates any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred fifty dollars, or by imprisonment in the city jail facility for not more than ninety days, for each such violation. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.40.050 Each transfer a separate offense.
Each sale or lease, offer for sale or 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. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.40.060 Violation as nuisance.
Any development or use of property or any act relating to a sale or lease, offer for sale or lease, or transfer of any lot, tract or parcel of land contrary to the provisions of this title is a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedy in the superior court of the state of Washington in and for Yakima County. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.40.070 Remedies preserved.
Nothing in this chapter shall be construed to supersede, impair or otherwise affect any private or public rights and remedies authorized by RCW Chapter 58.17 as they now exist or are hereafter amended. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).