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T • <br /> IS HEREBY AMENDED AS FOLLOWS: <br /> F. Effect of Non-Compliance <br /> No building permit or other development permit including <br /> approvals for preliminary subdivisions and short subdivisions <br /> shall be issued for any lot or parcel of land divided in <br /> violation of Chapter 58. 17 R.C.W. or this Ordinance. All <br /> purchases or transfers of property shall comply with the <br /> provisions of Chapter 58. 17 R.C.W. and this Ordinance, and each <br /> purchaser or transferee may recover his damages from any <br /> person, firm, corporation or agent selling or transferring land <br /> in violation of Chapter 58. 17 R.C.W. or this Ordinance, <br /> including any amount reasonably spent as a result of an <br /> inability to obtain any development permit and spent to conform <br /> to the requirements of Chapter 58. 17 R.C.W. and this Ordinance <br /> as well as the cost of investigation, suit and reasonable <br /> attorney's fees. A purchaser or transferee may, as an <br /> alternative to conforming the property to these requirements, <br /> rescind the sale or transfer and recover the cost of <br /> investigation, suit and reasonable attorney's fees. <br /> Section 8: Section 6 (H) of Ordinance 1119-85 (E.M.C. 18.40.060) , which <br /> reads as follows: <br /> H. Violation Penalty <br /> 1. Violation: <br /> Any person, firm or corporation, or association, or any <br /> agent of any person, firm, corporation or association who <br /> violates any provision of this Ordinance shall be deemed <br /> guilty of a misdemeanor, and upon conviction thereof, <br /> shall be punishable by a fine not to exceed one thousand <br /> dollars ($1 ,000) or imprisonment in jail not to exceed <br /> ninety (90) days, or both fine and imprisonment. Each <br /> separate day or any portion thereof during which any <br /> violation of this Ordinance occurs or continues shall be <br /> deemed to constitute a separate offense, and upon <br /> conviction thereof, shall be punishable as herein <br /> provided. <br /> 2. Injunctive Action <br /> Any violation of the provisions of this Ordinance <br /> constitutes a public nuisance which the City can abate by <br /> action in Snohomish County Superior Court. The cost of <br /> such action shall be taxed against the violator. <br /> 3. Exception - If performance of an offer or agreement to sell, <br /> lease, or otherwise transfer a lot, tract, or parcel of land <br /> following preliminary plat approval is expressly conditioned on <br /> the recording of the final plat containing the lot, tract, or <br /> parcel under this Ordinance, the offer or agreement is not a <br /> violation of any provisions of this Ordinance. All payments on <br /> account of an offer or agreement conditioned as provided in <br /> this section shall be deposited in an escrow or other regulated <br /> trust account and no disbursement to sellers shall be permitted <br /> until the final plat is recorded. <br /> -11- <br />