20.320.090 Remedies and Penalties.
A. Remedies and penalties.
1. Rescinding of sale and recovery of costs. Any purchaser or transferee of property divided in violation of this chapter may rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney’s fee occasioned thereby, or otherwise recover any damage resulting thereby from the person or agent who illegally subdivided or short subdivided the land.
2. Injunctive.
a. Whenever any parcel of land is divided into two or more divisions, lots, tracts or parcels of land, and any person, firm or corporation or any agent of any of them sells or transfers any such division, lot, tract or parcel without either having a final plat or short plat filed and recorded as required in this chapter, the city attorney shall commence an action to restrain and enjoin further divisions or sales, or transfers, and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property.
b. In the enforcement of this chapter, the city attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to, the approval of the superior court of Clark County. The violation of such assurance shall constitute prima facie proof of violation of this title.
3. Penalty for violation. No land comprising any part of a proposed subdivision or short subdivision to be established henceforth in the city shall be sold or leased until such subdivision or short subdivision has been approved as provided by this chapter, and a plat or short plat, as appropriate, has been filed and recorded. In addition, any person, being the owner or agent of the owner of such land, or who acts in any capacity in effectuating a sale or lease, who sells or leases any division, lot, tract or portion thereof shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not to exceed $1,000. Each sale or lease shall constitute a separate and distinct offense for each separate land division, lot, tract or portion of said land. (Ord. M-3643, 01/26/2004)