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The following penalties shall apply to the violations of these regulations.
(A) (1) Whoever violates any rule or regulation adopted by the Village of Marblehead for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit by the village or any citizen thereof.
(2) Whoever violates these regulations shall forfeit and pay not less than $10 nor more than $1,000.
(3) Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Ottawa County.
(B) A county recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than $100 nor more than $500, to be recovered with costs in a civil action by the Village Solicitor in the name and for the use of the Village of Marblehead.
(C) (1) Whoever, being the owner or agent of any land, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the county recorder, shall forfeit and pay the sum of not less than $10 nor more than $500 for each lot, parcel, or tract of land so sold.
(2) The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(3) Such sum may be recovered in a civil action, brought by the Village Solicitor, other corresponding official, or the Commission in the name of the Village of Marblehead.
(4) The sale of lots, parcels or tract from the plat of a subdivision where these areas are indicated for the exclusive use of the abutting or other owners in such subdivision and are not public streets, ways, or grounds shall not serve to exempt the seller from the requirements of Ohio R.C. Chapter 711, as amended or from the forfeiture herein provided.
(D) Any person who disposes of, offers for sale or lease for a time exceeding five years any lot or any part of a lot in a subdivision before provisions of these regulations are complied with shall forfeit and pay the sum of not less than $10 nor more than $500 for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action in the name of the Fiscal Officer for the use of the Village of Marblehead.
(Ord. 18, 2001, passed 6-14-2001)