15.03.130 Violations and enforcement.
A. General Prohibition. It shall be unlawful for any person to sell, convey, transfer, or otherwise dispose of or subdivide or take any other action governed by this chapter with respect to any property within the Town without compliance with this chapter or where such sale, conveyance, transfer, disposition, or division would otherwise result in the creation of a nonconforming lot or nonconforming parcel of land. In addition to any other remedy available to the Town, the Town shall not recognize or permit the use of a lot or parcel created in violation of these regulations unless and until such lot or parcel is properly subdivided and meets all applicable requirements of the Parachute Code.
B. Permits Withheld. No permits shall be issued by any administrative officer of the Town for the construction or occupancy of any building, or other improvement requiring a permit, upon any land for which a plat is required by these regulations, unless and until the requirements of this chapter have been met.
C. Penalties.
1. Any subdivider or agent of a subdivider who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the Town and recorded in the office of the Garfield County Clerk and Recorder shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not to exceed one (1) year, or both such fine and imprisonment.
2. This fine or sentence shall be applicable for each parcel or interest in subdivided land which is sold, agreed to be sold, negotiated to be sold and/or transferred.
D. Sale Voidable. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representatives, or trustee within one (1) year after the date of execution of the deed of conveyance, sale, or contract to sell is binding upon any assignee or transfer of the grantee, buyer, or person contracting to purchase, other than those above enumerated.
E. Pursuant to § 31-23-216, C.R.S., whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved and recorded as required hereby shall pay a penalty of one hundred dollars ($100.00) to the Town for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.
F. The penalties and enforcement actions enumerated herein may be imposed singly or in combination. (Ord. 711 §1 (Exh. A), 2017)