N.D. Cent. Code § 11-33.2-15

Current through 2023 Legislative Sessions

Section 11-33.2-15 - Penalty and remedies

Any person, partnership, corporation, or limited liability company who or which, being the owner or agent of the owner of any lot, tract, or parcel of land, shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel, or other purposes or for the common use of occupants of buildings abutting thereon, or who or which sells, transfers, or agrees or enters into an agreement to sell or transfer any land in a subdivision or engages in the subdivision of land or erects any buildings thereon, unless and until a plat has been finally approved in full compliance with the provisions of this chapter and of the resolution adopted hereunder and has been recorded as provided herein, shall be guilty of a class B misdemeanor. Each lot, tract, or parcel created or transferred, and each building erected in a subdivision in violation of the provisions of this chapter or of the resolutions adopted hereunder shall constitute a separate offense.

If any lot, tract, or parcel of land is subdivided in violation of this chapter or any resolution or amendments thereto adopted pursuant to this chapter, the proper county authorities or any affected citizen or property owner, in addition to other remedies, may institute any appropriate action or proceedings:

1. To prevent such unlawful subdivision.

2. To restrain, correct, or abate such violations.

3. To prevent the occupancy or use of the land which has been unlawfully subdivided.

4. To vacate and nullify any recorded plat of such unlawful subdivision.

N.D.C.C. § 11-33.2-15