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09-14-2020 Council Packet
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09-14-2020 Council Packet
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July 20, 2020 page 10 <br />Sec. 82-12. - Jurisdiction. 378 <br />This chapter shall apply to all subdivisions of land located within the corporate limits of the city. 379 <br />Sec. 82-13. - Compliance. 380 <br /> (a) No land which first requires an approved subdivision may be sold and no land shall be subdivided 381 <br />within the corporate limits of the city until the subdivider has obtained approval of the subdivision and 382 <br />the approved final plat is filed with the county recorder's office. 383 <br />(b) No subdivider or subdivider's agent of any lot or parcel of land located in a proposed subdivision 384 <br />shall transfer or sell any such parcel or lot before the subdivision has been approved by the city, in 385 <br />accordance with the provisions of this chapter, and filed with the county recorder's office. 386 <br />(ac) The subdivision of any lot or any parcel of land for the purpose of sale, transfer or lease by use of 387 <br />metes and bounds description, deed, contract for deed, purchase agreement, registered land survey or 388 <br />easement shall not be permitted except after full compliance with this chapter. 389 <br />b) All subdivisions shall be plated in accordance with the terms and conditions of this Chapter. 390 <br />(d) Notwithstanding any language to the contrary, a subdivider may execute a purchase agreement which 391 <br />provides for the sale of a proposed lot or parcel, which lot or parcel will not legally exist until after 392 <br />full compliance with this chapter, as long as the purchase agreement provides that if the city does not 393 <br />approve the subdivision, all earnest money paid shall be refunded to the purchaser and includes all 394 <br />disclosures required by state statutes. 395 <br />(e) Any person who sells or transfers a lot in violation of this chapter shall be guilty of a misdemeanor. 396 <br />(bf) No building permit or certificate of occupancy shall be issued for any parcel or lot of land which 397 <br />was created by subdivision and not in conformity with the provisions of this chapter, and no excavation 398 <br />of land or construction of any public or private improvements shall take place or be commenced except 399 <br />in conformity with this chapter. 400 <br />(cg) No subdivision shall be entitled to be recorded in the county recorder's office or have any validity 401 <br />until the subdivision has been prepared, approved and acknowledged in the manner prescribed by this 402 <br />chapter. The office of the county recorder shall not file or accept for filing any subdivision of land 403 <br />unless it is accompanied by a certified copy of the resolution of the city approving the subdivision. 404 <br />(dh) Every person who violates any provision of this chapter when he performings an act thereby 405 <br />prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared 406 <br />unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise 407 <br />stated in specific provisions this chapter. 408 <br />(e) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this 409 <br />chapter to prevent unlawful construction, to recover damages, including attorney's fees, to restrain, 410 <br />correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, and 411 <br />these remedies shall be in addition to the penalties describe above and provided in State statutes. 412 <br /> 413 <br />State Law reference— Authority to require platting, Minn. Stat. § 462.358, subd. 3a; restrictions on 414 <br />conveyances, Minn. Stat. § 462.358, subd. 4b. 415 <br />Sec. 82-14. - Civil enforcement. 416 <br />(a) Any subdivider or subdivider's agent who conveys a lot or parcel in violation of this chapter shall 417 <br />forfeit and pay to the city a penalty of not less than $100.00 for each lot or parcel so conveyed. 418
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