Chapter 15.12
ENFORCEMENT
Sections:
15.12.010 Conformance with title required.
15.12.020 Historical acceptance of legal lots.
15.12.040 Land conveyance voidable.
15.12.050 Notice of violation.
15.12.060 Subdivision improvement agreement.
15.12.010 Conformance with title required.
No permit shall be issued, nor any approval granted by the city allowing development of any real property which has been divided in violation of the Subdivision Map Act and this title if such development would be contrary to the public health or public safety. The city may, in granting approval or issuing a permit, impose such additional conditions as would have been applicable to the division of property at the time the current owner of record acquired the property. (Ord. 615 § 1 (part), 1977: Prior code § 24.14(1)).
15.12.020 Historical acceptance of legal lots.
On August 9, 1949, the city adopted a subdivision ordinance (No. 189) which required, for the first time, the recording of maps for subdivisions of four or less parcels.
Therefore, after August 9, 1949, lot boundaries which do not appear on a recorded subdivision map or record of survey shall not be recognized as legal lot lines and no building permits will be issued until the proper maps are filed, processed and recorded. The San Mateo County assessment rolls or maps shall not be sufficient evidence of legal recordation of lots. If it can be shown by deed reference or other acceptable recorded documentation that a particular lot did exist before August 9, 1949, that lot will be considered as a legal unit for the purpose of sale, lease or financing. (Ord. 615 § 1 (part), 1977: Prior code § 24.14(2)).
15.12.030 Penalty.
Any offer to finance, lease, sell or contract to sell, or any financing, lease or sale contrary to the provisions of this title is a misdemeanor, and any person, upon conviction thereof, is punishable by a fine of not less than twenty-five dollars and not more than five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, except that nothing contained in this chapter shall bar any legal, equitable or summary remedy to which the city or other political subdivision or person may otherwise be entitled, and the city or any other political subdivision or person may file an action in the superior court of the state, in and for the county to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title. (Ord. 615 § 1 (part), 1977).
15.12.040 Land conveyance voidable.
Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this title or the Subdivision Map Act shall be voidable at the opinion of the transferee in accordance with the provisions of Chapter 7 of the Subdivision Map Act. (Ord. 615 § 1 (part), 1977).
15.12.050 Notice of violation.
In the event of a division of land in violation of this title and/or the Subdivision Map Act, the city engineer may cause to be recorded in the office of the recorder of the county of San Mateo a notice of violation of said ordinance or law as provided for in Chapter 7 of the Subdivision Map Act. (Ord. 615 § 1 (part), 1977).
15.12.060 Subdivision improvement agreement.
The city engineer may cause to be recorded in the office of the recorder of the county of San Mateo a copy of the agreement for completion and warranty of subdivision improvements, and a statement as to what conditions required by the city must be satisfied by the subdivider before or after city approval of the final map or parcel map. (Ord. 615 § 1 (part), 1977).