The following penalties shall apply to violations of these subdivision regulations.
(a) Whoever violates any of the provisions of these subdivision regulations or any rule or regulation adopted by Council for the purposes of setting standards and requiring and securing the construction of improvements within a subdivision, or fails to comply with any order issued pursuant thereto, is creating a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by an action of suit by the municipality or any resident thereof. Whoever violates any of the provisions of these subdivision regulations shall forfeit and pay not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000.00). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of the county.
(b) A County Recorder who records a plat contrary to any of the provisions of these subdivision regulations shall forfeit and pay not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00) to be recovered with costs in a civil action by the prosecuting attorney in the name and for the use of the county.
(c) Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision, before such plat has been recorded in the office of the County Recorder, shall forfeit and pay not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this division. If such land is within a municipal corporation, such sum may be recovered in a civil action brought in the Court of Common Pleas of the county by the legal representative of the municipality in the name of the municipality.
(d) Any person who disposes of, offers for sale or leases, in excess of five years, any lot or part thereof in a subdivision before these subdivision regulations are complied with shall forfeit and pay not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00) for each lot or part thereof so sold, offered for sale or leased, to be recovered with costs in a civil action in the name of the Manager for the use of the municipality.
(e) If a developer fails to complete the installation of all improvements in accordance with the terms and conditions of the agreement therefor, the municipality, upon proper notice, may complete the same and appropriate such portion of monies or bonds posted for the faithful performance of such work.
(Ord. 74-O-129, passed 10-17-1974)