No building permit or development permit of any sort shall be issued for lots created in violation of this title or related provisions of BIMC Title 2 (Administration and Personnel), 16 (Environment), or 18 (Zoning) provided an innocent purchaser for value may obtain permits needed for development upon application to the department and decision by the hearing examiner pursuant to BIMC 2.16.100, after notice, if such purchaser shows the following:

A. The lot was purchased at a market value not reflecting the illegal division; and

B. The purchaser exercised reasonable diligence but did not know of the illegal division; and

C. The public interest will not suffer. (Ord. 2011-02 § 2 (Exh. A), 2011)

A. Any person, firm or corporation violating any provision of the code, including any condition of an approved plat, related to the division of land shall be guilty of a gross misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion of a day during which any such violation is committed, continued, or permitted. Upon conviction of any violation of any provision of the BIMC related to the division of land, the person, firm or corporation shall be punished by a fine of not more than $5,000 or imprisonment for not more than one year, or by both such fine and imprisonment.

B. The provisions of subsection A of this section shall not be applied in any manner inconsistent with the penalties provided for in RCW Title 58 (Boundaries and Plats) or its successors. In addition, the city may impose any additional penalties for violations authorized by RCW Title 58. (Ord. 2011-02 § 2 (Exh. A), 2011)

A. Whenever any parcel of land is divided into lots, large lots, tracts, or parcels of land contrary to the provisions of the BIMC related to the division of land, and any person, firm or corporation or any agent of them sells or transfers, or offers or advertises for sale or transfer, any such lot, large lot, tract, or parcel without having an approved final plat of such subdivision filed for record, the city may commence action to restrain and enjoin further subdivisions or sales, transfers, or offers of sale or transfer and compel compliance with all provisions of the BIMC related to the division of land. The costs of such action shall be imposed on the person, firm, corporation or agent selling or transferring the property through any method authorized by law.

B. Whenever land within a short or long subdivision, large lot subdivision, nonresidential or multifamily subdivision that has been granted final approval is used in a manner or for a purpose that violates any provision of the BIMC related to the division of land or violates any condition attached to such final approval:

1. In addition to any penalties provided in BIMC 1.26.090 or 17.24.020, the city may commence action to restrain and enjoin such use and compel compliance with the provisions of the BIMC or with such terms and conditions. The costs of such action may be imposed against the violator through any method authorized by law.

2. The city may enforce compliance with this title through any methods described in Chapter 18.33 BIMC.

C. The provisions of subsections A and B of this section shall not be applied in any manner inconsistent with enforcement provisions authorized in RCW Title 58 (Boundaries and Plats) or its successors. In addition, the city may enforce the provisions of this title and cross-referenced provisions in other titles of the Bainbridge Island Municipal Code through any additional methods of enforcement authorized by RCW Title 58. (Ord. 2011-02 § 2 (Exh. A), 2011)