If, before final subdivision approval has been
granted, any person, as owner or agent, transfers or sells, or agrees
to transfer or sell, any land which forms a part of a subdivision
for which Borough approval is required by this chapter, except pursuant
to an agreement expressly conditioned on final subdivision approval,
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.
In addition to the other remedies set forth in this chapter, the Borough Council or Building Inspector may, in the event of a sale, transfer or agreement which violates § 218-71, institute and maintain an action:
A.
For injunctive relief.
B.
To set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate as to approval of subdivision
of land shall not have been issued for such conveyance. 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/her assigns
or successors, to secure the return of any deposit 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 such land, or within six years if unrecorded.
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, the Borough
Council, the Building Inspector or any interested party, in addition
to other remedies, may institute any 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 such building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
Any owner, tenant or other occupant, agent, architect, builder, contractor or any other worker or any other person who shall commit, take part or assist in any violation, other than a violation set forth in § 218-71, or who shall knowingly maintain any building or premises in which any violation of this chapter shall exist shall, upon conviction thereof, for each and every violation, be subject to penalties as provided in Chapter 1, General Provisions, Article III, General Penalty. Each day that a violation is permitted to exist shall constitute a separate offense.
