(1) General.
(a) It shall be the duty of the Administrator to enforce these regulations and to bring any violations or lack of compliance to the attention of the Commission Attorney.
(b) No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Commission, in accordance with the provisions of these regulations and filed with the County Recorder.
(c) A plat of a subdivision may not be filed with the Auditor and the Recorder may not record it unless it has been granted secondary approval and signed and certified by the designated in the subdivision control ordinance governing the area. The filing and recording of the plat is without legal effect unless approved by the Commission.
(d) The division of any lot or any parcel of land into a subdivision as defined in this ordinance by the use of metes and bounds description for the purpose of sale or transfer or lease resulting in the creation of one or more new building sites shall not be permitted. All such described divisions shall be subject to all of the appropriate requirements of this ordinance.
(e) No improvement location permit or building permit required under the Uniform Building Code, the Zoning Ordinance or this ordinance shall be issued on any property subject to this ordinance until the provisions of this ordinance have been complied with.
(2) Violations and penalties. Any person who violates a provision of this ordinance or any regulations herein contained shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10 and not more than $300 for each day’s violation in accordance with I.C. 36-1-3-8.
(3) Restraining provisions.
(a) Any land within the participating jurisdictions subdivided in violation of the terms of this ordinance after the effective date hereof is hereby declared to be a common nuisance which may be restrained, enjoined or abated in any appropriate action or proceeding.
(b) The Commission may institute an injunction suit requesting an individual or governmental unit be directed to remove a structure erected in violation of this ordinance or to make the same comply with its terms. If the Commission is successful in its suit the respondent shall bear the costs of the action.
(c) The Commission may institute a suit for mandatory injunction requesting an individual or governmental unit be directed, where such individual or governmental unit has violated any provisions of this ordinance to comply with the provisions of this ordinance. If the Commission is successful in its suit, the respondent shall pay the Commission’s reasonable attorneys’ fees and all costs related to the enforcement of this ordinance.
(d) The Administrator may enter upon any property during reasonable hours to inspect or abate the appropriate action of any violation which has occurred or may occur that is not in according with this ordinance.
(e) The Administrator may impose a stay of work on any property that is found to be in violation of the subdivision ordinance. Proceedings and work on the premises affected shall be stayed unless the official certifies to the Board of Zoning Appeals that a stay would cause imminent peril to life or property. In that case proceedings or work may not be stayed except by a restraining order.