15.11 Failure to Complete Improvements. The subdivider shall be responsible for the provision of all required minimum improvements in the proposed subdivision. This may be accomplished by either the full installation of all required improvements by the developer at the time that the final plat is to be submitted to the planning commission or by the provision of a financial guarantee of performance, or by granting to the city a utility lien with right of partial release. In the event the developer fails to complete such work, the city shall have such work completed. In order to reimburse itself for expenses incurred, the city may appropriate the deposit of cash money, negotiable bonds, or exercise a utility lien which the developer may have deposited in lieu of required performance.

15.12 Financial Guarantee of Performance. The city may accept one (1) or a combination of the following arrangements as surety guaranteeing the installation of minimum improvements.

15.121 A subdivision improvement bond approved by the city may be accepted in an amount not to exceed one hundred fifty (150) percent of the cost of the required improvements.

15.122 A cash deposit, certified check, or negotiable bond may be accepted by the city or responsible escrow agent approved by the city in an amount not to exceed one hundred fifty (150) percent of the cost of the required improvements.

If a cash deposit is made, an agreement shall provide that progress payments can be made to the contractor by the developer, out of the deposit, as work progresses.

15.123 A utility lien against the property may be accepted by the city with right of partial release.

15.13 Legal Status. The city shall not accept, open, improve, grade, or light any street, or authorize water mains or sewers or connections to be made in any street, unless such street has been accepted or otherwise granted the legal status of a public street, or unless such street corresponds with a street shown on the comprehensive plan or unless the street is on a subdivision plat approved by the planning commission. To be given the legal status of a public street, such street or streets, upon recommendation by the planning commission, shall be officially accepted by name or by subdivision description by resolution of the city council.

15.21 The owner, or agent of the owner of any land to be subdivided within the Brewton planning jurisdiction who transfers or sells, or agrees to sell or negotiates to sell such land by reference to or exhibition of, or by other use of a plat to subdivide such land before such plat has been approved by the planning commission and recorded in the office of the probate judge of Escambia County shall forfeit and pay a penalty of five hundred dollars ($500.00) for each lot or parcel so transferred or sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties.

15.22 The City of Brewton through its attorney or other designated official, may enjoin such transfer or sale or agreement by appropriate action.

15.23 No plat or plan of a subdivision within the city or its extraterritorial planning jurisdiction, shall be filed or recorded by a subdivider in the office of the probate judge of Escambia County until it shall have been submitted to and approved by the Brewton Planning Commission and such approval entered in writing on the plat by the chairman, vice-chairman, or secretary of the commission. The probate judge shall not file or record a plat of a subdivision which does not have the approval of the Brewton Planning Commission.

15.24 Any building or structure erected or to be erected in violation of these subdivision regulations shall be deemed an unlawful building or structure, and any official designated by the City of Brewton may bring action to enjoin such erection or cause it to be vacated or removed.