§ 11.4. SUBDIVISION VIOLATIONS
11.4.1. False or Inaccurate Information Provided and Plat Not Filed
The BoCC may take appropriate action to deny or to suspend or withdraw any approval of a preliminary plan or final plat, or to require that certain corrective measures be taken, following a determination that the information provided by the subdivider upon which such approval was based is materially false or inaccurate or that new significant information has been brought to the BoCC's attention. The action may occur at any step in the platting process prior to the recording of the final plat, and shall take place at a regular public hearing. The BoCC shall determine at the hearing the nature and extent of the alleged false or inaccurate information, shall consider any new significant information that has been brought to its attention, and shall have the authority, upon good cause being shown, to deny the preliminary plan or final plat or suspend or withdraw any approval or require corrective measures to be taken. No final action authorized by this Section shall be taken unless the applicant is notified of and, if present at the public hearing, has an opportunity to respond to the proposed denial, suspension, withdrawal, or corrective action.
11.4.2. False or Inaccurate Information Provided and Plat Filed
If it is determined after a final plat approved by the BoCC is filed for recording that the final plat approval was based on materially false or inaccurate information, the BoCC may take appropriate action to withdraw or reconsider the approval, to require corrective measures, or to void the plat, after a public hearing where adequate notice and opportunity to be heard are given to the subdivider, any successor property owners, and any affected adjacent property owners, referral agencies, or service providers. The BoCC may also withhold building permits. Building permits may also be withheld pursuant to Section 11.4.6.
11.4.3. Enforcement of Plat Restriction as Financial Assurance
Pursuant to C.R.S. §§ 30-28-110 (4) (a) and 30-28-137(3), the BoCC or any purchaser of any lot or tract subject to a plat restriction which is the financial assurance for a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of any such lot or tract, or of any other provision of C.R.S. §§ 30-28-101, et seq., as amended. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot or tract contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by the County where so required or otherwise prior to commencement of construction on any such lot or tracts of land or other subdivided land.
11.4.4. Enforcement of Plat Restrictions
Pursuant to C.R.S. § 30-28-137 (4), the BoCC or any purchaser of any lot or tract shall have the authority to bring an action for injunctive relief to enforce any plat restriction (including all obligations contained in documents required to be executed and recorded as part of the final plat approval and all commitments of record of the subdivider related to the County's approval of the final plat), plat note, plat map, or provision of a subdivision improvements agreement, and for damages arising out of failure to adhere to any such plat restriction, plat note, plat map, or provision of a subdivision improvements agreement.
11.4.5. Sale of Lots Before Plat Recording
Pursuant to C.R.S., § 30-280-110(4), it is unlawful to transfer legal or equitable title or sell any subdivided land as defined by this Code before a final plat for the land has been approved by the BoCC and recorded with the Clerk and Recorder. Any subdivider or agent thereof who violates this provision is guilty of a misdemeanor. The County may also seek to enjoin any violations of this provision. The County shall not be liable for any direct or apparent fiscal losses suffered by any party as a result of denial of any subdivision where the applicant has agreed to transfer or sell or offered to transfer or sell any subdivided land in advance of plat approval by the BoCC.
11.4.6. Authority to Withhold Development and Building Permits
In addition to any other enforcement action specified in this Code, pursuant to C.R.S. § 30-28-110(4)(a), the Building Official or the PCD Director is authorized to withhold or demand the withholding of the issuance of any building permit or related permit under this Code sought or requested for property for which a final plat (or equivalent) has not been approved or recorded or which is in violation of the approved final plat (or equivalent), including any plat note or restriction or any commitment of record in the County's final plat (or equivalent) approval file.