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adjustment be filed without such certification as set forth in chapters 19.24-19.27 and this title,the city attorney
<br /> may apply for a writ of mandate on behalf of the city directing the auditor to remove the unapproved division of
<br /> land,alteration or vacation,or boundary line adjustment from the auditor's files.
<br /> 19.24.090 Violation—Penalty.
<br /> A. Violation.
<br /> 1. Any person,firm,corporation,or association,or any agent of any person,firm,corporation or association,
<br /> who violates any provision of chapters 19.24-19.27 and this title shall be subject to the enforcement
<br /> procedures provided by EMC Chapter 1.20,as amended.
<br /> 2. Any violation of the provisions of chapters 19.24-19.27 and this title constitutes a public nuisance which
<br /> the city can abate by an action in Snohomish County superior court.The cost of such action shall be
<br /> assessed against the violator.
<br /> B. Exception.
<br /> If performance of an offer or agreement to sell,lease,or otherwise transfer a lot,tract,or parcel of land following
<br /> preliminary approval of a division of land is expressly conditioned on the recording of the final maps containing the
<br /> lot,tract,or parcel under chapters 19.24-19.27 and this title,the offer or agreement is not a violation of any
<br /> provisions of chapters 19.24-19.27 and this title.All payments on account of an offer or agreement conditioned as
<br /> provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to
<br /> sellers shall be permitted until the final maps are recorded.
<br /> 19.24.100 Definitions.
<br /> 1. "Alteration" means any alteration of a recorded subdivision or short subdivision or portion thereof,
<br /> except as provided in RCW 58.17.040(6)and EMC 15, Local Project Review Procedures,that would alter,
<br /> redesign or eliminate a public street,easement access drive,common ownership area(s),greenbelt(s),
<br /> environmentally sensitive area(s),open space tract(s),and restrictive covenant(s) required by the city to
<br /> be shown on the face of the final plat or short plat map.
<br /> 2. "Applications,multiple" means more than one application for a division of land submitted on the same
<br /> property,contiguous property or on property that is currently being reviewed or has been granted
<br /> preliminary approval by the city.
<br /> 3. "Binding site plan"means the division or redivision of land into lots,tracts, parcels,sites or divisions for
<br /> the purpose of sale, lease, or transfer of ownership with a site plan,as authorized by RCW 58.17.035.
<br /> 4. "Binding site plan map" means a final drawing to scale which identifies and shows the areas and locations
<br /> of all streets,roads,improvements, utilities, open spaces,and any other matters required by the city to
<br /> be identified, and which contains:
<br /> a. Inscriptions or attachments setting forth such appropriate limitations and conditions for the use of
<br /> the land as established by the city;
<br /> b. Provisions requiring any development to be in conformity with the site plan;
<br /> c. Provisions in which an applicant can offer for sale,lease,or transfer of ownership of lots, parcels,
<br /> tracts or sites;
<br /> d. Provision for including required dedications;
<br /> e. Requirements for filing for record with the county auditor;and
<br /> f. All elements and requirements set forth in state law and in chapters 19.24-19.27 and this title.
<br /> 5. "Block" means a group of lots,tracts, parcels,or sites within well-defined and fixed boundaries.
<br /> 6. "Boundary line adjustment" means an adjustment of lot lines represented by platted or unplatted lots,or
<br /> both,which does not create any additional lot,tract,parcel,site or division of land,nor create any lot,
<br /> tract,parcel,site,or division of land which contains insufficient area and dimension to meet minimum
<br /> requirements specified by the Everett Unified Development Code for lots,tracts,parcels,sites or division
<br /> of land.
<br /> Ch.19.24 Land Division Administration 3 City Council Action(11/04/2020)
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