A.
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.
B.
Any owner, tenant or other occupant, agent, architect, builder, contractor or any other workman or any other person who shall commit, take part in or assist in any violation, other than a violation set forth in Subsection A, or who shall knowingly maintain any building or premises in which any violation of this chapter shall exist may, upon conviction thereof, for each and every violation, be fined not exceeding $500 or be imprisoned in the Bergen County Jail for a period not exceeding 90 days, or both, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.
A.
Unlawful building. In any 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 Construction Code Official 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.
B.
Unlawful sale of land. In addition to the other remedies set forth in this chapter, the Borough Council or Construction Code Official may, in the event of a sale, transfer or agreement which violates § 303-54A of this chapter, institute and maintain an action for injunctive relief and 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. In any such action, the transferee, purchaser or guarantee 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.
