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 Borough approval is required by this chapter, 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.
[Amended 5-8-1986 by Ord. No. 8-86; amended 9-8-1988 by Ord. No. 16-88]
For violation of any provision of this chapter, the maximum penalty shall be in accordance with § 1-15 of this Code. Each day that a violation shall continue shall constitute a separate offense.
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 an 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 said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
A. 
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 § 126-52 of this chapter, institute and maintain an action:
(1) 
For injunctive relief; and
(2) 
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.
B. 
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 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 said land or within six years if unrecorded.