(A) General prohibition. It is unlawful for any person, business or corporation to violate any of the provisions of this chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold interest), interest in common, condominium interest, timeshare estate, fractional fee or timeshare license, or any other division within a subdivision within the town until such subdivision has been approved in writing by the Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County Clerk and Recorder; provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the town within a specified period of time and which expressly recites the seller’s failure to satisfy such condition within such period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration heretofore paid by the buyer under such agreement, shall not constitute a violation of this subsection (A).
(B) Prohibitive conveyance. No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming lot, or to avoid or circumvent or subvert any provision of this chapter.
(C) Responsibility. The owner, developer, buyer or seller shall be fully responsible for all acts of agents or employees thereof that are committed in violation of the terms of this chapter.
(D) Prohibited construction. No structure shall be constructed, nor building permit issued for a structure, on any parcel of land except where such structure is to be constructed upon a parcel which meets the regulations contained herein. The lot lines, common walls, individual units, condominium units established in such development or parcel shall not be changed or altered by conveyance of a part thereof, nor shall any part of the same be joined with a part of any other for conveyance or construction or converted to condominiums or time sharing unless and until written application, and other required materials, has been made to and approved in writing by the Administrator, Planning and Environmental Commission and/or the Council (whichever is applicable).
(E) Remedies for violations. In addition to all remedies provided by law, the town shall be authorized to enforce its subdivision regulations as follows.
(1) The town, in addition to other remedies provided, may institute an action for injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate, remove an unlawful construction, use, occupancy or conveyance or to enjoin any subdivider from selling, agreeing to sell or offering to sell, or otherwise convey, before full compliance with the provisions of the chapter, any parceled land or other interest which sale conveyance would constitute a “subdivision” as defined in § 13-2-2 of this title.
(2) The Town Building Official shall refuse to issue permits of any kind for the construction of any building or other improvements upon any land for which an approved final plat is required by this chapter, unless and until the requirements hereof have been complied with.
(3) No building permit shall be issued for any lot or parceled land which has been transferred, conveyed, sold, subdivided or acquired in violation of this chapter. Any transferee who acquires a lot or a parcel of land in violation of this chapter without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferor who violates the provisions of this chapter.
(4) The Administrator, Planning and Environmental Commission and/or Council (whichever is applicable) may withdraw any approval of a plan or plat or require certain corrective measures to be taken following a determination that information provided by the subdivider, or by anyone on his or her behalf, upon which a decision was based is false or inaccurate. The Administrator shall cause written notice to be served on the subdivider, or his or her assignees, setting out a clear and concise statement of the alleged false or inaccurate information provided by the subdivider, or agents on his or her behalf and directing the subdivider to appear at a certain time for a hearing before the Planning and Environmental Commission not less than 15 days nor more than 30 days after the date of service of notice. The Planning and Environmental Commission shall determine at the hearing the nature and extent of the alleged false or inaccurate information and shall have power, for good cause being shown, to withdraw any approval or require certain corrective measures to be taken. However, withdrawal of approval or imposition of corrective requirements shall not be an exclusive remedy on finding by the Planning and Environmental Commission that inaccurate information has been received, and any and all remedies provided by law may be exercised.
(Ord. 2(1983) § 1)