(A) (1) After the effective date 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 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 land before the plat has been properly approved under the terms of this chapter and recorded in the County Deeds office, shall be found in violation of this chapter.
(2) 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 violation of this chapter. The town, through its attorney or other official designated by the Board of Alderman, may enjoin an illegal subdivision, or transfer or sale of land by action for injunction. Building permits required by G.S. 160D-403 may be denied for any lot that has been illegally subdivided.
(B) (1) In addition to the other remedies cited in this chapter, for the enforcement of the provisions of the chapter, the regulations and standards contained in this chapter may be enforced through the issuance of citations by the town. These citations shall be in the form of a civil penalty. The town may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within 72 hours after being cited for a violation. The following civil penalties are established for violations under this section:
Warning Citation | Correct violation within ten days |
First Citation | $50 fine plus correct violation within ten days |
Second Citation | $100 fine plus correct violation within ten days |
Third and Subsequent Citations | $250 fine plus correct violation within ten days |
Each continuing day in violation after 3rd citation | $50 per day |
(2) These civil penalties are in addition to any other penalties, which may be imposed by a court for violation of the provisions of this chapter.
(C) Violations of the provisions of this chapter shall not subject the violator to a criminal penalty or be considered a misdemeanor pursuant to G.S. § 14-4.
(Ord. passed 1-16-2001; Am. Ord. passed - - ; Am. Ord. passed - - )