(A) Civil penalty. Any person who, being the owner or agent of the owner of any land located within the planning and development regulation jurisdiction of the town, thereafter subdivides the land in violation of the regulation 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 subdivision regulation and recorded in the office of the appropriate register of deeds, is guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this penalty.
(1) The violation of any provision of this subchapter shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town. Violators shall be issued a written citation, which must be paid within ten days.
(2) Each day's continuing violation of this subchapter shall be a separate and distinct offense.
(3) Notwithstanding division (B) of this section, this subchapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(B) Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this subchapter by using any one, all, or a combination of remedies. For similar state law provisions, refer to G.S. § 160D-807(a).
(C) Permit denial or conditioning. As long as a violation of this chapter remains uncorrected, the
Subdivision Administrator may deny or withhold approval, or cause the denial or withholding of
approval, of a building permit required pursuant to G.S. § 160D-1110 a zoning or special use permit, or any other certificate or authorization issued by the town that is sought for the property on which the violation occurs. The Subdivision Administrator may also condition, or cause to be conditioned, a building, zoning, or special use permit, certificate, or authorization on the correction of the violation and/or payment of a civil penalty, and/or posting of a compliance security.
(D) Injunctive and Abatement Relief in Superior Court.
(1) The town may apply to a General Court of Justice in accordance with the provisions of G.S. § 160A-175(e), to bring action for injunction of any illegal subdivision, transfer, conveyance, sale of land, or other violation of this chapter and the Court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter.
(2) The Subdivision Administrator, in consultation with the Town Attorney, is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the town may have in connection with the violation. The Subdivision Administrator shall indicate, in writing, the claims from which the violator is released. For similar state law provisions, refer to G.S. § 160D-807(a).
(Ord. 23-241, passed 7-18-2023)