§ 89-71. Violations and penalties.

(a)

Generally.

(1)

Any persons, firm or corporation violating any provision of this chapter (except as provided below), is subject to a fine of not more than $500.00, or imprisonment for not more than 30 days or both, for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(2)

Whoever, being the owner or agent of the owner of land located within a subdivision, transfers or sells or agrees to sell any land by reference to or exhibition of or by other use of a plat of a subdivision before such plat has been approved by the planning and zoning commission and recorded and filed in the office of the clerk of court shall pay a penalty of $100.00 for each lot or parcel so transferred or sold or agreed or negotiated to be sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided.

(3)

The department may enjoin a transfer or sale or agreement by suit for injunction brought in any court of competent jurisdiction or may recover the penalty by a civil action in any court of competent jurisdiction.

(4)

The department may resort to other remedies that are provided by state law or local ordinance.

(b)

Notice to abate. When a violation of these regulations is found to exist, the department shall take such actions as necessary to bring the development into compliance including, but not limited to, the provisions of Ordinance Number O-050-2008 (Cease and Desist) (LCG Code section 1-14).

(c)

Responsibility for violations by firms. Each of the owners or partners of a partnership, joint venture or other legal entity shall be held individually responsible and punishable for any violation by the entity of the provisions of these regulations.

(d)

Responsibility for violations by corporations. For the purpose of enforcing the provisions of these regulations, a corporation shall be deemed to be represented by its president or in his absence by its vice president, or in the absence of both, by the officer or individual in charge of the affairs of the corporation. Any such representative shall be held responsible and punished for any violation by the corporation of the provisions of these regulations.