(A) After the effective date of this chapter, any person who being the owner or the agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his or her 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 County Register of Deeds, shall be guilty of a misdemeanor. 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. 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. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4.
(B) The violation of any provision of this chapter shall subject the offender to a civil penalty in the amount of $100 to be recovered by the town. Violators shall be issued a written citation which must be paid within ten days. Each day's continuing violation of this chapter shall be a separate and distinct offense.
(C) This chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(D) Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this chapter by using any one, all or a combination of remedies.
(E) For the purpose of this chapter, a deed of trust shall not be considered a transfer or conveyance of real property.
(Ord. passed 5-17-2007)