Ordinance 2328-98 - Laserfiche WebLink

of the appropriate regulations that were in effect immediately prior to the adoption of this Ordinance. G. Effect of Non-Compliance No building permit or other development permit including approvals for preliminary division of land or boundary line adjustment shall be issued for any lot or parcel of land divided in violation of Chapter 58.17 RCW or this Ordinance. All purchases or transfers of property shall comply with the provisions of Chapter 58.17 RCW and this Ordinance, and each purchaser or transferee may recover damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW or this Ordinance, including any amount reasonably spent as a result of an inability to obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW and this Ordinance as well as the cost of investigation, suit and reasonable attorney's fees. A purchaser or transferee may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover the cost of investigation, suit and reasonable attorney's fees. H. Illegal Transfers Filing Unapproved Division of Land or Boundary Line Adjustment: The County Auditor shall refuse to accept the recording of any division, redivision, alteration or vacation of land or boundary line adjustment that has not been approved by the City in accordance with the provisions of this Ordinance. Should any division, redivision, alteration or vacation of land or boundary line adjustment be filed without such certification as set forth in this Ordinance, the City Attorney may apply for a Writ of Mandate on behalf of the City directing the Auditor to remove the unapproved division of land, alteration or vacation, or boundary line adjustment from the Auditor's files. I. Violation Penalty 1. Violation: a) Any person, firm or corporation, or association, or any agent of any person, firm, corporation or association who violates any provision of this Ordinance shall be subject to the enforcement procedures provided by Ordinance No. 2221-97, as amended. b) Any violation of the provisions of this Ordinance constitutes a public nuisance which the City can abate by an action in Snohomish County Superior Court. The cost of such action shall be assessed against the violator. 2. Exception: If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary approval of a division of land is expressly conditioned on the recording of the final maps containing the lot, 79