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(A) Violations. After adoption of this chapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the office of the Brunswick County Register of Deeds, shall be guilty of a violation and guilty of a Class 1 misdemeanor. In addition, enforcement remedies specified in G.S. § 160A-375 for zoning enforcement shall hereby be authorized as applicable for enforcement of these violations, including denial of building permits. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty.
(B) Criminal penalties. The violation of any provision of this chapter shall subject the offender to criminal prosecution and, upon conviction, to fine and/or imprisonment set to the maximum allowed by G.S. § 14.4.
(C) Civil penalties.
(1) Any violation of any provision of this chapter shall subject the violator to a civil penalty in the sum of $500 per violation.
(2) A citation for said civil penalty shall be issued by the Caswell Beach Police Department.
(3) Each citation for a civil penalty must be paid within 72 hours of issuance.
(4) The town, through its attorney or other official designated by the Town Council, may enjoin illegal subdivision transfer, or sale of land by action for injunction or ensure compliance through an order of abatement. If the violator fails or refuses to comply with an injunction or order of abatement within the time allowed by the court, he/she may be cited for contempt and the town may execute the order of abatement. The town shall have a lien on the property for the cost of executing an order of abatement.
(D) Continuing violation. Each day's continuing violation of this chapter after notification of such violation shall be a separate and distinct offense and subject to additional fine or civil penalty.
(E) Equitable remedies. Notwithstanding division (C) above, this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(F) Combination of remedies. Nothing in this section shall be construed to limit the use of remedies available to the town. The Town of Caswell Beach may seek to enforce this chapter by using any one, all, or a combination of remedies.
(Ord. passed 9-8-83; Am. Res. passed 4-8-10)