Whenever any parcel of land is divided into four or fewer lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers or offers or advertises for sale of transfer, any such lot, tract, or parcel without having a short plat of such subdivision approved pursuant to the provisions of this chapter, then such action is hereby declared to be unlawful and a public nuisance, and the town attorney shall commence an action to restrain and enjoin further subdivisions 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 persons, firm, corporation or agent selling or transferring the property; provided, however, that this subsection 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 § 21, 2022)