[Amended 5-20-1980 by Ord. No. 1723]
A. 
Penalty for selling before final approval. If, before final subdivision approval has been granted, any person transfers or sells, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision, such person shall be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days, and each lot disposition so made may be deemed a separate violation.
[Amended 4-25-2006 by Ord. No. 2457]
B. 
Civil remedies.
(1) 
In addition to the penalty prescribed in the foregoing section, the City may institute and maintain a civil action:
(a) 
For injunctive relief; and
(b) 
To set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(2) 
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 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.