(a) Compliance required. It is unlawful for any person to commence, or any property owner or lessee to allow any development activity or subdivide land within the entire area of the City without having first complied with the provisions of the Development Code. In the territory subject to subdivision jurisdiction beyond the municipal limits, it is unlawful for any person to subdivide land without having conformed with the major street plan of the City.
(b) Permit or approval based on materially false information. Any building permit or approval authorized by the Building Official that is issued in reliance upon any materially false statement in the development application or in supporting documents or oral statements, is void from the beginning and shall be revoked.
(c) Transfer or sale of interest prior to final subdivision approval. It is unlawful for any person to transfer or sell, or agree to sell any lot, tract, parcel, site, separate interest (including a leasehold interest), condominium interest, timeshare estate, or any other division within a subdivision within the City until such subdivision has been approved in writing by the Board of Trustees and a plat thereof recorded in the office of the Mineral County Clerk and Recorder. A written agreement to sell a condominium unit prior to final subdivision approval shall not constitute a violation of this Section if: The written agreement is expressly conditioned upon approval of the Board of Trustees of the final subdivision plat and all related documents, the preliminary plan has been approved by the Board of Trustees, the written agreement provides that the prospective buyer or purchase is entitled to terminate the written agreement and is entitled to receive the full amount of any monies deposited, and the form of the written agreement has received approval by the City Attorney prior to using the form of such written agreement with a prospective purchaser or buyer.
(d) Public nuisance. Violations of this code may coincide with actions or conditions that are identified as a public nuisance in Chapter 7 of the Creede Municipal Code. When that is the case, the Board of Trustees may proceed under this m as well as the procedures of Chapter 7.
(e) Persons liable. The owner of property upon which any violation of this Development Code occurs shall be held responsible for the violation and be subject to the penalties and remedies provided in this Section.
(f) Violations cumulative. Any person violating any of the provisions of the Development Code shall be deemed to have committed a civil infraction for each and every day or portion of a day during which any infraction is committed, continued or permitted.
(Ord. 395 §3, 2016)