(A) Enforcement. It shall be the duty of the Commission to enforce this chapter and to bring any violations or lack of compliance to the attention of the Town Attorney.
(1) No owner nor agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Commission in accordance with the provisions of this chapter and filed with the county’s Recorder.
(2) The division of any lot or parcel of land into a subdivision, as defined in this chapter, by the use of metes and bounds description for the purpose of sale, transfer or lease resulting in the creation of one or more new building sites shall not be permitted. All such described divisions shall be subject to all of the appropriate requirements of this chapter.
(3) No improvement location permit or building permit required under the Uniform Building Code, the zoning ordinance or this chapter shall be issued on any property subject to this chapter until the provisions of this chapter have been complied with.
(B) Restraining provisions.
(1) Any land within the participating jurisdictions which is subdivided in violation of the terms of this chapter after the effective date hereof is hereby declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
(2) The Commission may institute an injunction suit requesting that an individual or a governmental unit be directed to remove a structure erected in violation of this chapter or making the same comply with its terms. If the Commission is successful in its suit, then the respondent shall bear the costs of the action.
(3) The Commission may institute a suit for mandatory injunction requesting that an individual or a governmental unit be directed, where such individual or governmental unit has violated any provisions of this chapter, to comply with the provisions of this chapter. If the Commission is successful in its suit, then the respondent shall pay the Commission’s reasonable attorney fees and all costs related to the enforcement of this chapter.
(Ord. 2002-13, passed 9-3-2002)