Anderson 

Chapter 13.44

PENALTIES AND APPEALS

Sections:

13.44.010 Penalties.

13.44.020 Appeals.

13.44.010.  Penalties. A. The owner or agent of the located within a subdivision who transfers, sells or agrees or enters into a contract to sell land in the subdivision before a plat of the subdivision has been prepared, approved and recorded in compliance with the provisions of this title is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than five hundred dollars for each lot or parcel transferred, sold, agreed to or included in a contract to be sold. The plan­ning commission may enjoin a transfer or sale or agreement to sell, and may recover the penalty by appropriate legal action.

B. No person may file or record a plat of subdivisions in any public office unless the plat bears the approval of the planning commission. Any person who files or records a plat in violation of this requirement upon conviction is punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both. (Ord. 108 §l (part), 1985)

13.44.020 Appeals. All decisions as to approval or disapproval of a subdivision by the planning commission shall be final unless appealed to the city council as pro­vided by the following:

A. 1. A written notice of appeal must be filed by the aggrieved party with the city council within ten days fol­lowing the planning commission action. An aggrieved party is defined as and limited to:

a. The subdivider;

b. Any governmental agency, including the city;

c. Owners of thirty percent or more of the adja­cent property.

2. The appeal must state specifically the reason for the appeal and the relief sought.

B. The city clerk shall notify the chairman of the planning commission within two days of the notice of appeal. The chairman of the planning commission shall, within thirty days from the filing of the notice of appeal, transmit to the city clerk:

1.      A certified copy of the transcript of the hear­ing on which the appeal is made;

2.      The reply of the commission to the notice of appeal;

3.      All other evidence which may constitute the re­cord of the hearing.

C. Notification of the hearing on the appeal will be given provided further that the party filing the appeal will be notified by the city clerk by registered mail or in per­son.

D. All appeals shall be heard solely on the basis of the record, the notice of appeal, and the reply to the no­tice of appeal. Any claims of new evidence or change in circumstances shall require a resubmission for a rehearing by the planning commission.

E. It shall take a majority vote of the full city council to grant an appeal. If an appeal is granted by the council, the mayor of the city and the city clerk shall sign and approve the plat in lieu of the planning commission chairman. (Ord. 108 §l (part), 1985)