ECDC20_75_180_InnocentPurchasers.pdf2/17/2016
20.75.180 Development of lots nit divideeaccording to this chapter.
No building permit, septic tank permit or other development permit shall be issued for any lot unless: (1)
the subject property is a lot of record as defined in ECDC 21.55.015; or (2) the property owner is
determined to be an innocent purchaser in accordance with subsection (A) of this section. Where this
section authorizes a lot to be developed even though such lot does not meet the definition for "lot of
record" in ECDC 21.55.015, any development on said lot shall comply with the city's development
regulations, including any applicable development regulations regarding nonconforming lots.
A. "Lot of Record" Status for Innocent Purchasers. An owner of property may obtain "lot of record" status
for a parcel that does not meet the "lot of record" definition. To obtain this status, the applicant must
submit an affidavit with sufficient supporting documentation to demonstrate that:
G -')The applicant did not have actual notice regarding the subdivision of the property in question. If
the applicant had knowledge of the subdivision (e.g., knowledge that two parcels in question were
once part of the same parcel), but not of its illegality, the innocent purchase status may not be
granted;
r 1.
2)The purchase price of the parcel is consistent with an arm's length transaction;
3., he owner did not ..e property from a relative;
1 4. t the time of purchase, there was some existing deed, record or survey showing the subject
cel as a separate lot; and
(�,Ahe parcel had a separate tax ID parcel number prior to the purchase of the property by the
applicant.
B. The innocent purchaser status may be approved subject to conditions of approval requiring the
applicant to make improvements to the property that would likely have been required by the city had the
property been properly subdivided, unless it is determined that such improvements have already been
constructed.
C. An affirmative determination of innocent purchaser and "lot of record" status shall be recorded with
the county auditor. [Ord. 3982 § 3, 2014].
20.75.185 Penalties.
Any person who violates any provision of this chapter relating to the sale, offer for sale, lease or transfer
of any lot is guilty of a misdemeanor and subject to the penalties of ECC 5.50.020. Each sale, offer for
sale, lease or transfer of each separate lot in violation of any provision of this chapter shall be deemed a
separate and distinct offense. In addition to these criminal sanctions, the city shall have the right to bring
an action to restrain and enjoin any subdivision, sale or transfer, compel compliance with the provisions
of this chapter and obtain other injunctive relief. The costs of such action shall be paid by the violator
and shall include the city attorney's fees.
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