The following penalties shall apply to the violations of these regulations:
(A) Whoever violates these regulations or any rule or regulation adopted by the Municipal Council 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 maintenance thereof may be abated by action at suit of the village or any citizen thereof. Whoever violates these regulations or any rule or regulation adopted by the Municipal Council shall forfeit and pay not less than $100 nor more than $1000 plus the cost to correct the nuisance. Such sum may be recovered in a civil action brought in any court of jurisdiction, including the County Court of Common Pleas. Each day a violation persists shall be considered a separate violation of these regulations.
(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 in a civil action in the name and for the use of the village.
(C) Whoever, being the owner or agent of the owner of any land within the jurisdiction of the village as determined by § 151.01(C), 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 $100 nor more than $500 for each lot, parcel, or tract of land so sold. 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. Such sum may be recovered in a civil action brought in any court of jurisdiction, including the Court of Common Pleas of Montgomery County, by the village.
(D) Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of a lot in a subdivision before the provisions of these regulations are complied with shall forfeit and pay the sum of not less than $100 nor more than $500 for each lot or parcel of a lot so sold, offered for sale, or leased, to be recovered in a civil action in the name of the village.
('80 Code, § 151.12) (Ord. 83-18, passed 12-20-83)