[Ord. 6387, passed 8-12-1971]
Except as provided in this Subdivision Ordinance, no person shall subdivide any tract of land which is located within the City except in conformity with the provisions of this Subdivision Ordinance.
[Ord. 6387, passed 8-12-1971]
No plat of any subdivision shall be entitled to be recorded in the County Clerk's Office or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid and Council shall institute proceedings to have the plat stricken from the records of Lawrence County.
[Ord. 6387, passed 8-12-1971]
No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is voidable within three months at the option of the buyer. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transactions from the provisions of this Subdivision Ordinance.
[Ord. 6387, passed 8-12-1971]
The Building Inspector shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
[Ord. 6387, passed 8-12-1971]
The City hereby defines its policy to be that the City will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities from all subdivisions which have not been accepted by Council, in the manner prescribed herein.
[Ord. 6387, passed 8-12-1971]
No charges, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by Council endorsed in writing on the plat, unless such plat is first resubmitted to Council.
[Ord. 6387, passed 8-12-1971]
The subdivider shall pay a filing fee, as established by resolution of Council, for every preliminary plat submitted for approval. Fees shall be sufficient to reimburse the City for all legal advertising and other professional service costs incurred in the reviewing, investigating, and other matters required by law and these Subdivision Regulations.
[Ord. 7037, adopted 2-14-1991]
(a) 
Enforcement notice.
(1) 
If it appears to the City of New Castle that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred, the City of New Castle shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
(2) 
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
(3) 
An enforcement notice shall state at least the following:
A. 
The name of the owner of record and any other person against whom the City of New Castle intends to take action.
B. 
The location of the property in violation.
C. 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
D. 
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E. 
That the recipient of the notice has the right to appeal to the zoning hearing board within a prescribed period of time in accordance with procedures set forth in the ordinance.
F. 
That failure to comply with the notice within the time specified, unless extended by appeal to the zoning hearing board, constitutes a violation, with possible sanctions clearly described.
(b) 
Preventative remedies.
(1) 
In addition to other remedies, the City of New Castle may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises. The description by metes and bounds in the instrument of transfer of other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(2) 
The City of New Castle may refuse to issue a permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this Ordinance. This authority to deny such a permit or approval shall apply to any of the following applicants:
A. 
The owner of record at the time of such violation.
B. 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C. 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(3) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owners, vendee or lessee for the development of any such real property, the City of New Castle may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
(c) 
Enforcement remedies.
(1) 
Any person, partnership, or corporation who or which has violated the provisions of this Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the City of New Castle, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the City of New Castle as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the City of New Castle may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation, further determines that there was a good faith basis for the person, partnership, or corporation violating this Ordinance to have believed that there was no such violation until the 5th day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the municipality whose ordinance has been violated.
(2) 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending the final adjudication of the violation and judgment.
(3) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City of New Castle the right to commence any action for enforcement pursuant to this section.
(4) 
District justices shall have initial jurisdiction in proceedings brought under this section.