17.04.060 Notice of violation.
A. If the Community Development Director has knowledge that real property has been divided in violation of the provisions of this title or Chapter 58.17 RCW, a notice of intention to record a notice of violation shall be mailed by certified mail with return receipt to the current owner of record of the property. The notice shall describe the property in detail, name the owner(s), describe the violation with an explanation as to why the property is not lawful, and state that the owner will be given an opportunity to present evidence to the contrary. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the Community Development Director why a notice of violation should not be recorded. The meeting shall take place no sooner than 30 days and no later than 60 days from the date of mailing. The owner shall have 15 days to indicate whether or not he or she has any objections to the notice and would like to avail him or herself of the opportunity to meet with the Community Development Director.
B. An owner may apply for a conditional certificate of compliance per LMC 17.04.030. If, however, after the owner has presented evidence, the Community Development Director determines that the property has in fact been illegally divided, the City Clerk shall record the notice of violation with the County Recorder. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the City of his or her objection to the notice of violation, the City Clerk shall record the notice of violation with the County Auditor. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the subject property. Pursuant to LMC 18A.60.090 and RCW 58.17.210, development shall be permitted only on a legally created lot.
C. If, after the owner has presented evidence, it is determined that there has been no violation, the City shall issue a certificate of compliance or a conditional certificate of compliance, and shall mail a clearance letter by certified mail with return receipt to the then current owner and shall record the clearance statement or certificate of compliance with the County Auditor.
D. A determination that a violation has been sustained is appealable to the City’s Hearing Examiner in accordance with the provisions of Chapter 1.36 LMC.
E. In the event that a notice of violation is sustained, the following courses of action are possible:
1. A preliminary plat or short plat application may be filed. If approved, legal lots would be created upon recordation of the final plat or final short plat.
2. A conditional certificate of compliance could be issued noting appropriate requirements to be fulfilled pursuant to LMC 17.04.050(E). Upon fulfillment of the conditions, a clearance statement and/or certificate of compliance shall be issued by the City and recorded with the County Assessor. The property shall thereafter be considered a legal lot of record. If a conditional certificate of compliance is issued, the Community Development Director shall, at a minimum, provide a scaled graphic depiction and accurate legal description to utility companies, service providers, and other agencies with jurisdiction over, or interest in, the subject property.
3. If the property does not conform to City zoning requirements or is otherwise found to be a public nuisance or code violation which cannot be appropriately mitigated, the notice of violation shall be sustained and the City shall pursue appropriate legal action to remedy the violation and eliminate the separate lot. [Ord. 726 § 2(Exh. A), 2019; Ord. 591 § 15, 2015.]