A. Penalties: Upon submittal of a complaint that a parcel of land is being subdivided or that subdivision land is being sold in violation of this ordinance, the planning and zoning commission shall determine if a person(s), firm, corporation, or other legal entity alone or in concert acted to divide a parcel of land or sell subdivision lots either on their own initiative or by using a series of owners or conveyances or common promotional plan or by any other method that ultimately resulted in the division of the lands into a subdivision. Upon determination that an illegal subdivision has been created, as soon as the first lot is offered for sale, the planning and zoning commission shall:
1. Provide findings to the Arizona department of real estate.
2. Prepare and record with the city of Tombstone a "notice of violation" that specifically identifies any lot or lots for which building permits would not be issued under this rule as a result of the failure to comply with the requirements of these regulations or the creation of any unauthorized lots.
3. Ensure that no building permit shall be issued for the erection or use of any structure in a subdivision unless that subdivision conforms with these regulations; the property is exempted from these regulations as result of meeting each of the conditions of section 104.C; there is a vested 1 right to continue to develop and sell property in the subdivision; or the applicant is an owner of one or more lots in a subdivision created on or before January 1, 1975, is not a "subdivider" or operating under a common promotional plan with a subdivider and the property is not subject to any "notice of violation".
4. Revoke any previously issued permits based upon misrepresentation of the status of the subdivision.
B. Legal Procedures: The office of the city attorney shall upon order of the city council, or may on its own initiative, immediately commence all necessary actions or proceedings and shall take such other lawful steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain any person, firm, or corporation from setting up, developing, erecting, building, moving, or maintaining any such building or using any property contrary to the provisions of these subdivision regulations, or otherwise violating same.
1. Any person, firm, corporation, or other legal entity who violates any provision of these subdivision regulations shall be guilty of a class 2 misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than the amount set forth by law for such offenses or by imprisonment in the county jail for a period set forth by law, or by both such fine and imprisonment.
2. Each day that a violation is permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these subdivision regulations.
3. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions. In addition to other remedies provided in this section, any adjacent or neighboring property owner who shall be especially damaged by violations of any provision of these subdivision regulations may institute against a subdivider, in addition to other remedies provided by law, injunction, mandamus, abatement or any other appropriate action, proceeding or proceedings to prevent, abate or remove such unlawful erection, construction, or use of the subject property. (Ord. 2005-01, 2-8-2005)
Notes
| 1 | 1. For purposes of these regulations there is a vested right to continue to develop or sell a subdivision that was approved on or after January 1, 1975, and that has been or is being developed in conformance with these regulations. |
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