City of Paterson, NJ Article VIII Violations; Lien

§ 297-39 Violations and penalties.

If, before final approval has been obtained, 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 on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.

§ 297-40 Civil remedies.

In addition to the foregoing, the city may institute and maintain a civil action:

A. For injunctive relief.

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.

§ 297-41 Lien.

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 subdivider 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 instituted within two (2) years of the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six (6) years if unrecorded.