Whenever the terms of this title specifically authorize the community development director or the city engineer to perform specific acts, the community development director and city engineer are authorized to delegate those specific responsibilities to members of their respective staffs.
(Ord. 2852 § 10 (Exh. A), 2011)
All applications for preliminary subdivisions and short subdivisions which are properly filed with the city on or after the fifteenth day following the validation date of the ordinance codified in this title shall proceed in full compliance with the requirements of this article as it presently is or is hereafter amended and state law. All other subdivisions and short subdivisions which received preliminary approval prior to the fifteenth day following the validation date of the ordinance codified in this title shall comply with the requirements of the prior subdivision code and state law.
(Ord. 2852 § 10 (Exh. A), 2011)
No building permit or other development permit including approvals for preliminary subdivisions and short subdivisions shall be issued for any lot or parcel of land divided in violation of Chapter 58.17 RCW or this title. All purchases or transfers of property shall comply with the provisions of Chapter 58.17 RCW and this title, and each purchaser, transferee or other legal entity may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW or this title, 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 title as well as the cost of investigation, suit and reasonable attorneys' fees. A purchaser, transferee or other legal entity 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 attorneys' fees.
(Ord. 2852 § 10 (Exh. A), 2011)
The county auditor shall refuse to accept the filing of any division or redivision of land that has not been approved by the city in accordance with the provisions of this title. Should any division or redivision of land be filed without such certification, as set forth in Article III of this chapter, Final Subdivision Review, and Article IV of this chapter, Short Subdivision Review, the city attorney may apply for a writ of mandamus on behalf of the city directing the auditor to remove the unapproved subdivision from the auditor's files.
(Ord. 2852 § 10 (Exh. A), 2011)
Any violation of the provisions of this title constitutes a public nuisance per se which the city can abate by action in Snohomish County superior court. All costs of such action, including attorneys' fees, shall be taxed against the violator.
(Ord. 2852 § 10 (Exh. A), 2011)
If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat or preliminary short plat approval is expressly conditioned on the recording of the final plat or short plat containing the lot, tract or parcel under this title, the offer or agreement is not a violation of any provisions of this title. 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 or short plat is recorded.
(Ord. 2852 § 10 (Exh. A), 2011)
Penalty and enforcement provisions provided in this title are not to be exclusive, and the city may pursue any remedy or relief it deems appropriate.
(Ord. 2852 § 10 (Exh. A), 2011)
The city's community development director is authorized to promulgate rules and regulations which are consistent with the terms of this title.
(Ord. 2852 § 10 (Exh. A), 2011)
If any provision of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this chapter would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this chapter shall not be affected as a result of said part being held unconstitutional or invalid.
(Ord. 2852 § 10 (Exh. A), 2011)
Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein repealed, or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter.
(Ord. 2852 § 10 (Exh. A), 2011)