A.
The City Commissioners shall enforce this chapter.
A zoning permit, or other permit, certificate or authorization as
provided in this chapter and as may be appropriate, shall be required
as a condition precedent to the erection, construction, alteration,
repair, remodeling, conversion, removal or destruction or resubdivision
of any land. The Zoning Officer, Code Enforcement Officer or such
other administrative officer and office as shall be established by
the City Commissioners shall be responsible for the issuance of such
permits, certificates and authorizations upon the submission of such
data, materials, plans, plats and information as is authorized under
this chapter and upon the express approval of the appropriate state,
county or City agencies. The fees to cover administrative costs for
the issuance of such permits, certificates and authorizations are
provided in this chapter.
B.
In case any building or structure is erected, constructed,
altered, repaired, converted, or maintained, or any building, structure
or land is used in violation of this chapter, any proper City authority
or any interested party may, in addition to any other remedies, institute
an appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure, or land, or to prevent any
illegal act, conduct, business or use in or about such premises.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which City approval is required by ordinance pursuant to this
Act, such person shall be subject to a penalty not to exceed $1,000,
and each lot disposition so made may be deemed a separate violation.
C.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision three years preceding the
effective date of this Act, may apply in writing to the Zoning Officer
for the issuance of a certificate certifying whether or not such subdivision
has been approved by the Planning Board. Such application shall contain
a diagram showing the location and dimension of the land to be covered
by the certificate and the name of the owner thereof.
B.
The Zoning Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said Officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land," and shall certify:
(1)
That there exists in the City a duly established Planning
Board and that there is an ordinance controlling subdivision of land
adopted under the authority of this Act.
(2)
Whether the subdivision, as it relates to the land
shown in said application, has been approved by the Planning Board
and, if so, the date of such approval and any extensions and terms
thereof, showing that subdivision of which the lands are a part is
a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been
approved, is statutorily exempt from the requirement of approval as
provided in this Act.
A.
Any person who shall acquire for a valuable consideration
an interest in the lands covered by any such certificate of approval
of a subdivision in reliance upon the information therein contained
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the City pursuant to the provisions
of this article.
B.
If the Zoning Officer designated to issue any such
certificate fails to issue the same within 15 days after receipt of
an application and the fees therefor, any person acquiring an interest
in the lands described in such application shall hold such interest
free of any right, remedy or action which could be prosecuted or maintained
by the municipality pursuant to this article.
C.
Any such application addressed to the City Clerk shall
be deemed to be addressed to the proper designated officer and the
municipality shall be bound thereby to the same extent as though the
same was addressed to the designated official.
A.
Any person who shall violate any of the provisions
of this chapter or fail to comply therewith, or with any of the requirements
thereof, or who shall erect, structurally alter, enlarge, rebuild
or move any building or buildings or any structure, or who shall put
into use any lot or land in violation of any detailed statement or
plan submitted hereunder, or who shall refuse reasonable opportunity
to inspect any premises, shall be liable for a fine of not more than
$1,000 or to imprisonment for not more than 90 days, or both such
fine and imprisonment. Each and every day such violation continues
shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection thereof and who assists in the commission of such violation shall each be guilty of a separate offense and upon conviction thereof each shall be liable to the fine or imprisonment, or both, specified in Subsection A above.
C.
Nothing in this article shall be construed to limit
the City of Margate's right to institute and maintain a civil action,
from seeking active injunctive relief, or to set aside or invalidate
any consequence made pursuant to a contract of sale.
