Borough of East Rutherford, NJ Article X Penalties

§ 327-76 Penalty for premature sale.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to 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, such persons shall be subject to a penalty of $1,000. Each lot disposition shall be deemed a separate violation.

§ 327-77 Civil action.

In addition to the foregoing, the Borough of East Rutherford may institute and maintain a civil action:

A. For injunctive relief; and

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 in accordance with the Borough ordinance requirements.

§ 327-78 Effect on transferee, purchaser or grantee.

In any action, the transferee, purchaser or grantee is 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.

§ 327-79 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000, imprisonment for not more than 90 days or a period of community service for not more than 90 days, or any combination thereof for each offense. Each day that a violation occurs or is committed constitutes a separate offense.