(A) General.
(1) It shall be the duty of the Building Administrator/Planner, or his or her designee, to enforce this chapter and to bring to the attention of the Commission Attorney any violation or lack of compliance herewith.
(2) The division of land into a subdivision, as defined in this chapter, by the use of metes and bounds description for the purpose of sale, transfer, or lease resulting in the creation of one or more new building sites shall not be permitted. All thus described divisions shall be subject to all of the appropriate requirements of this chapter.
(3) No location improvement permit or building permit required under Chapters 151 or 156 of this code, or this chapter, shall be issued on any property subject to this chapter until the provisions of this chapter have been complied with.
(B) Limits on land transfers. No owner, subdivider, or subdivision agent of the owner of any land located in a proposed subdivision shall transfer, sell, or lease any of that land for purposes of subdivision as defined in this chapter before a secondary plat of that subdivision has been signed by the designated officials and recorded in accordance with the provisions of this chapter.
(C) Violations and penalties. Any person who shall be found guilty of a violation of this chapter or any regulations contained herein, shall be fined for each day's violation.
(D) Restraining provisions.
(1) Any land within the jurisdiction of the town subdivided in violation of the terms of this chapter after the effective date hereof, is hereby declared to be a common nuisance, which may be restrained, enjoined, or abated in any appropriate action or proceeding.
(2) The Commission may institute an injunction suit requesting an individual or entity be directed to remove a structure erected in violation of this chapter, or to make the same comply with its terms. If the Commission prevails in the litigation, the respondent shall pay the Commission’s reasonable attorney’s fees and all costs related to the enforcement of this chapter.
(3) The Commission may institute a suit for mandatory injunction requesting an individual or entity be directed, where that individual or entity has violated any provisions of this chapter, to comply with the provisions of this chapter. If the Commission prevails in the litigation, the respondent shall pay the Commission’s reasonable attorney fees and all costs related to the enforcement of this chapter.
(E) Remedies not exclusive. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 27, § 1.10.140, passed 4-16-1997) Penalty, see § 10.99