1171.99 PENALTY.
   (a)    Whoever willfully violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements shown on plats and plans in pursuance to the provisions of Ohio R.C. 711.101, or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the court of common pleas of the county in which the land lies relative to which such violation occurred, by the legal representative of the city or county in the name of such city or county and for the use thereof.
   (b)    A County Recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) to be recovered with costs in a civil action by the prosecuting attorney in the name and for the use of the county.
   (c)    Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, willfully 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 ten dollars ($10.00) nor more than five hundred dollars ($500.00) 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 paragraph.
   If such land is within a municipal corporation, such sum may be recovered in a civil action brought in any court of competent jurisdiction by the Director of Law or other corresponding official of the municipal corporation in the name of the municipal corporation and for the use of the Street Repair Fund thereof.
   If the land is situated outside a municipal corporation, such sum may be recovered in a civil action, brought by the prosecuting attorney, other corresponding official or planning commission of the county in which the land is situated, in the name of the county and for the use of the Road Repair Fund thereof.
   The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in such subdivision and not as public streets, ways or grounds shall not serve to exempt the seller from the requirements of Ohio R.C. Chapter 711, or from the forfeiture herein provided.
   (d)    Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of lot in a subdivision with intent to violate Ohio R. C. 711.001 to 711.14 inclusive, shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) 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 county treasurer for the use of the county.
(Ord. 25-70. Passed 5-4-70.)