(A) A person upon whom a penalty is imposed shall receive written notice of intent to assess the penalty provided in this section, including the factual basis supporting the imposition of the penalty. Before any action may be taken, the Board of County Commissioners shall give the property owner written notice via certified mail. Any notice sent via certified mail which is returned to the Board of County Commissioners shall be re-sent via first class mail.
(B) The penalty may be appealed to the Board of County Commissioners. Notice of appeal request must be submitted, in writing, to the Board of County Commissioners within 30 days from the mailing of the written notice of intent.
(C) (1) If the Board of County Commissioners finds that a violation of this section occurred, or if the alleged violator fails to appear at the appeal hearing, or fails to request a hearing, the violation shall be deemed to have been conclusively established, and the appropriate penalty shall be applied. A person upon whom a penalty is imposed and for whom the appeal period has expired, or for whom an appeal is denied by the Board of County Commissioners, shall receive written demand to remit payment for the penalty within 30 days of the mailing of the demand.
(2) Enforcement of the penalty provided in this section shall not preclude the Board of County Commissioners from taking additional enforcement action as otherwise authorized by law, including, but not limited to: enjoining such action from continuing further.
(D) Further, and in addition to the injunctive powers set forth herein, should the Board of County Commissioners determine that an illegal subdivision has already occurred in any particular instance after May 3, 1983, the Board of County Commissioners may notify the subdivider and all current record owners of the land within the subdivision of the existing violations. The subdividers and the landowners shall then, within 30 days of the receipt of notice, provide evidence to the Board of County Commissioners of their intention to properly plat the existing ground in conformance with the requirements in each detail.
(E) In no event, without the express written consent of the Board of County Commissioners, should longer than six months be allowed for completion of the platting process if this method is followed. In the event that evidence of the intent to plat is not submitted as hereunder required, the Board of County Commissioners may contract to plat the property.
(F) (1) The county shall have the right to cause the necessary required public improvements, including streets of proper width, to be reflected on the plat, and no claim shall be made by either the subdivider or a then-existing landowner or contract purchaser of the county’s assumption of additional property concerning public improvements that might be necessary to comply with the terms of this chapter.
(2) Should the county proceed by this method, the subdivider and the landowners should be jointly and severally liable to the county for all costs incurred by the county and any other incidental costs to produce the plat in conformity with the requirements hereof. Upon the determination of all such costs, the county shall be entitled to claim a lien back against all property within the subdivision upon a duly recorded lien; which lien must be foreclosed by a lawsuit of the District Court of the Second Judicial District of the state within six months of the recording of the lien.
(Ord. 70, passed 5-19-2020) Penalty, see § 150.999