§ 50-66. Penalties for violation.

(a)

No person who, being the owner or agent of the owner of any land located within the jurisdiction of the town, shall subdivide his land in violation of this article or transfer or sell land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this chapter and recorded in the office of the county register of deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter. Building permits required pursuant to G.S. 160A-417 shall be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.

(b)

The violation of any provision of this article shall subject the offender to a civil penalty in the amount of $500.00 to be recovered by the town. Violators shall be issued a written citation, which must be paid within ten days.

(c)

Each day's continuing violation of this article shall be a separate and distinct offense.

(d)

Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this article by using any one, all, or a combination of remedies.

(Code 2003, § 22-82; Ord. No. 04-19, § 1(exh. A), 5-20-2004; Ord. No. 06-08, § 15, 3-16-2006)