§ 15-11. Penalties for violation  


Latest version.
  • Any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the office of the New Hanover County Register of Deeds shall be guilty of a 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 through its attorney or other official designated by the town council may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. section 14-4. In addition, pursuant to G.S. section 160A-175, violations of this chapter shall subject the offender to a civil penalty. If a person fails to pay this penalty within ten (10) days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt. The town may seek to enforce this chapter through any appropriate equitable action. The town may seek to enforce this chapter through injunction and order of abatement. Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. The town may seek to enforce this chapter by using any one (1) or a combination of the foregoing remedies.

(Ord. of 9-15-81, § 204)

refstatelaw

Penalties for transferring lots in unapproved subdivisions, G.S. § 160A-375.