Chapter 16.26 ENFORCEMENT

Chapter 16.26
ENFORCEMENT

Sections:

16.26.010 Prohibition.

A. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing thereon, except for model homes, or allow occupancy thereof, for which a final map is required by the Subdivision Map Act or this title, until such a map, in full compliance with the provisions of the Subdivision Map Act and this code, and has been filed for record by the county recorder.

B. No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease, or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by the Subdivision Map Act or this title, until such a map, in full compliance with the provisions of the Subdivision Map Act and this title has been filed for record by the county recorder.

C. Conveyance of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this title shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed for record by the county recorder.

D. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

E. Nothing contained in subsections A and B of this section shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Subdivision Map Act or this title. (Ord. 808 (part), 2001)

16.26.020 Remedies.

A. 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 the Subdivision Map Act or this title or is voidable at the sole option of the grantee, buyer, or person contracting to purchase, any heirs, personal representatives, or trustees in insolvency or bankruptcy thereof, within one year after the date of discovery of such violation. 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.

B. Any grantee, or successor in interest thereof, of 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 may, within one year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property.

C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Chapter 16.25 or identified in a recorded final map or parcel map, from and after the date of recording.

The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.

D. This section does not bar any legal, equitable, or summary remedy to which the city or other public agency, or any person, firm, or corporation may otherwise by entitled, and the city or other public agency, or such person, firm, or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision of sale, lease, or financing in violation of the Subdivision Map Act or this title.

E. The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or approval shall apply whether the applicant therefore was the owner of record at the time of such violation or whether the applicant therefore is either the current owner of record or a vendor thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Chapter 16.25, only those conditions stipulated in that certificate shall be applicable. (Ord. 808 (part), 2001)

16.26.030 Notice of violation.

If the department has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, a notice of intention to record a notice of violation shall be mailed by the department by certified mail to the current owner of record. The notice shall describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Section 66412.6(A) or (B) of the Subdivision Map Act. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the planning commission why a notice of violation should not be recorded.

The meeting shall be held no sooner than thirty days and no later than sixty days from the date of mailing of the notice of intention to record a notice of violation.

If, within fifteen days of receipt of the notice, the owner fails to file with the department a written objection to recording the notice of violation, the department shall file the notice of violation for recording with the county recorder. If, after the owner has presented evidence, the planning commission determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the planning commission determines that the property has in fact been illegally divided, the department shall record the notice of violation for recording with the county recorder.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. 808 (part), 2001)

16.26.040 Violation as a misdemeanor.

In addition to the remedies and procedures provided in this chapter, any person violating any of the provisions or failing to comply with any of the regulatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding one thousand dollars or by both.

Except as otherwise provided in this chapter, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly. (Ord. 808 (part), 2001)