35-1-4 Penalties

(1) (a) An owner of any land located in a subdivision who transfers or sells any land in that subdivision before a plat of the subdivision has been approved and recorded violates this chapter for each lot or parcel transferred or sold. (b) The description by metes and bounds in an instrument of transfer or other document used in the process of selling or transferring real property does not exempt the transaction from being a violation of Subsection (1)(a) or from the penalties or remedies provided in this chapter. (c) Notwithstanding any other provision of this chapter, the recording of an instrument of transfer or other document used in the process of selling or transferring real property that violates this chapter: (i) does not affect the validity of the instrument or other document; and (ii) does not exempt the property that is the subject of the instrument or other document from compliance with applicable county ordinances. (2) (a) The county may bring an action to require compliance with the provisions of this chapter. (b) An action under this Subsection (2) may seek injunction, abatement, the merger of title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation. (c) The county need only establish a violation to obtain the relief sought. (3) The county may assess civil penalties for any violation of this chapter. (4) A violation of this chapter may also be prosecuted as a class C misdemeanor. (Ord. 2022-32, 11/29/22)