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(1) Except as provided in SCC 30.41A.820(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels, and any person or any agent, sells, transfers, or advertises for sale or transfer any such lot, tract, or parcel without either having a final subdivision filed for record or a parcel map filed as required herein or large lot subdivision, the prosecuting 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 code. The cost of such action shall be taxed against the person or agent selling or transferring the property.

(2) If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary subdivision approval is expressly conditioned on the recording of the final subdivision containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41A.820(1) and does not violate any provision of this code. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final subdivision is approved and recorded. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).