(A) General penalty; enforcement and penalties for violations. Violations of the provisions of this ordinance or failure to comply with any of its requirements shall not constitute a misdemeanor as provided in G.S. § 14-4 unless specifically provided in this ordinance. When town staff determines work or activity has been undertaken in violation of a this ordinance or other town development regulation or any state law delegated to the town for enforcement purposes in lieu of the state or in violation of the terms of a development approval, a written notice of violation may be issued. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the town that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
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(B) Subdivisions; penalties for violation.
(1) After the effective date of this ordinance any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this ordinance, thereafter subdivides his or her land in violation of this ordinance 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 terms of this ordinance and recorded in the office of the County Register of Deeds, shall be 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 shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance or sale of land and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this ordinance. Building permits required pursuant to G.S. §§ 160D-403 and 160D-1108 may be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct or abate the violation, or to prevent any illegal act or conduct. Further, violations of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4 of up to $500 per day. Each day of violation shall constitute a separate offense.
(2) The provisions of this division shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under this ordinance or recorded with the register of deeds, provided the contract does all of the following:
(a) Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance;
(b) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat;
(c) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat; and
(d) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price.
(3) The provisions of this division shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under this ordinance or recorded with the register of deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under this ordinance and recorded with the register of deeds.
(4) Each day’s continuing violation of this ordinance shall be a separate and distinct offense.
(5) Notwithstanding division (B)(4) above, this ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(6) Nothing in this division shall be construed to limit the use of remedies available to the town. The town may seek to enforce this ordinance by using any one, all or a combination of remedies.
(7) Any act constituting a violation of the provisions of §§ 151.285 through 151.291, 151.305 through 151.312, 151.325 through 151.337, 151.350 through 151.358 and 151.370 through 151.377 or a failure to comply with any of its requirements shall also subject the offender to a civil penalty of $500 per day, which includes administrative fees. If the offender fails to correct this violation within ten days after being notified of the violation, the penalty may be recovered in a civil action in the nature of a debt.
(Ord. passed 2-10-2009, §§ 3.19, 14.11; Ord. passed - -2021; Ord. passed 7-6-2022, § 2.29)