Whenever any parcel of land is divided into two or more but less than five lots, tracts, parcels, sites, subdivisions or divisions of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, parcel, site, subdivision or division without either having secured the administrator’s approval or having a final plat of such short subdivision filed for record, the town attorney shall commence an action to restrain and enjoin further subdivision or sales, or transfers, or offers of sale or transfer 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 or offering or advertising the property for sale or transfer; provided, however, this section shall not apply if performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land is expressly conditioned on the recording of the final plat. (Ord. 665 § 18, 2022)