Title 17A Administration
Chapter 17A.010 General Administration
Section 17A.010.025 Scope and Application
- Applicability.
Except to the extent that provisions are made in this chapter for continuation of buildings and uses in existence prior to the adoption of the ordinance provision with which such building or use does not conform, and except for particular requirements which are expressly not retroactive, the code applies to all properties in the City and to all uses and activities thereon without regard to the time of their establishment.
- Restrictions Run With the Land.
Except for particular conditional use permits which by their terms authorize a particular person to conduct a specified use, the zone classifications, variances, approved development plans, covenants, and requirements of this code run with the land and are not affected by change of ownership or succession in interest.
- Relationship to Other Restrictions.
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- Because this title governs the use of property in the interests of the common good, consonant with due process of law, it does not confer upon any individual or group of individuals the power to alter or modify its application. Persons cannot by agreement render licit that which is unlawful, nor by private actions invalidate that which complies with this title.
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- This title does not purport to confer upon any person a private right of action against an owner or occupant of property or against the City of Spokane grounded upon alleged violation of this code or, except to the extent that violation of municipal ordinance may be relevant in a private action, suit, or proceeding, to affect the relative rights and liabilities of owners and occupants of property under the laws of this state.
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- Deed restrictions, private covenants, easements, and other terms of private conveyancing or contract operate independently of any requirements of this code. Neither do private restrictions operate to amend or alter the application of this code nor does this code supersede or modify the terms of any private restrictions on the use and development of property.
- Enforcement.
The City may enforce this code against any person violating it by administrative procedures or by criminal, civil, equitable, or other special proceedings in any proper court.
- Compliance.
That a given use of land is permitted under this title does not relieve the owner or occupant from complying with all other applicable laws, including without limitation, other chapters of this title and the licensing requirements of Title 8 SMC and Title 10 SMC, or authorize the maintenance of a public or private nuisance. Conversely, compliance with some other regulation does not excuse compliance with this title.
Date Passed: Monday, April 25, 2011
Effective Date: Friday, June 3, 2011
ORD C34716 Section 3