Chapter 16.11 ENFORCEMENT

Chapter 16.11
ENFORCEMENT

Sections:

16.11.030 Examination of applications for violations.

16.11.010 Violation – Voiding sale.

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of this title or the Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this title or the Subdivision Map Act, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee. (Ord. 510 § 2, 2007)

16.11.020 Violation – Notice.

A. Whenever a city official or employee has knowledge that real property may have been divided in violation of this title or the Subdivision Map Act, such information shall be conveyed to the city planner.

B. When the city planner, upon investigation of information received or upon his or her own initiative, determines that real property has been divided in violation of this title or the Subdivision Map Act, he or she shall mail, by certified mail, a notice of intention to record a notice of violation to the then-current owner of record of the property. The notice shall:

1. Describe the real property in detail;

2. Name the owners thereof;

3. Describe the violation(s);

4. Explain why the subject parcel is not lawful under Section 66412.6(a) or (b) of the Government Code;

5. State that an opportunity will be given to the owner to present evidence; and

6. Specify a time, date and place at which the owner may present evidence to the planning commission at a public hearing as to why the notice of violation should not be recorded. The hearing shall take place no sooner than 30 days and no later than 60 days from the date of mailing.

C. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the city of his or her objection to recording the notice of violation, the city planner shall record the notice of violation with the county recorder.

D. Notice shall be given of the public hearing on the property before the planning commission not less than 10 days before the date of hearing in the following manner:

1. By publication in a newspaper of general circulation in the City of Escalon;

2. By mailing said notice to the owners of real property within 300 feet of the property that is the subject of the hearing;

3. By mailing or delivering said notice to the property owner or the owner's duly authorized agent; and

4. By mailing or delivering said notice to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property and whose ability to provide those facilities or services may be significantly affected.

E. If the planning commission determines there has been no violation, the city planner shall record a release of the notice of violation with the county recorder and mail a clearance letter to the then-current owner of record. If the planning commission determines that the property has in fact been illegally divided, the city planner shall record the notice of violation with the county recorder, if not already recorded pursuant to subsection C of this section. (Ord. 510 § 2, 2007)

16.11.030 Examination of applications for violations.

A. All officers and employees of the city who are vested with the duty or authority to issue permits or licenses shall carefully scrutinize all applications filed for any permit or license to ascertain if there has been any violation of the provisions of this title.

B. No permit or license for the construction of any building or for any other use or improvement of a lot or parcel of land shall be issued if it appears that there has been or will be a violation of the provisions of this title. Any permit or license issued in conflict with the provisions of this title shall be null and void. (Ord. 510 § 2, 2007)

16.11.040 Legal action authorized.

Nothing contained in this chapter, however, shall be deemed to bar any legal, equitable or summary remedy to which the city or any other political subdivision, or any person, firm, corporation, partnership or co-partnership may otherwise be entitled. The city or any other political subdivision, or any person, firm, corporation, partnership or co-partnership, may bring legal action to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title. (Ord. 510 § 2, 2007)