If, before final subdivision approval has been
granted, any person transfers or sells or agrees to 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, such persons shall be subject
to a penalty of $1,000. Each lot disposition shall be deemed a separate
violation.
In addition to the foregoing, the Borough of
East Rutherford may institute and maintain a civil action:
A. For injunctive relief; and
B. To set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate of compliance has not
been issued in accordance with the Borough ordinance requirements.
In any action, the transferee, purchaser or
grantee is 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.
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction, be punished
by a fine not to exceed $1,000, imprisonment for not more than 90
days or a period of community service for not more than 90 days, or
any combination thereof for each offense. Each day that a violation
occurs or is committed constitutes a separate offense.