(A)
After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter thereafter subdivides his or her land in violation of this chapter 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 chapter and recorded in the Office of the Cherokee County Register of Deeds, shall be guilty of a 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 subchapter. Building permits required pursuant to G.S. §160D-1110 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, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. §14-4.
(B) Each day's continuing violation of this chapter shall be a separate and distinct offense.
(C) Notwithstanding division (A) above, this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(D) Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this chapter by using anyone, all, or a combination of remedies.
(Ord. passed 9-19-1985; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)