Chapter 16.170
ENFORCEMENT
Sections:
16.170.030 Notice of violation.
16.170.010 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, for which a final or parcel map is required by the Subdivision Map Act or this title, until such map, in full compliance with the Subdivision Map Act and this title, has been filed for record with the office of the County Registrar/Recorder.
(B) Conveyances 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 office of the County Registrar/Recorder.
(C) This section does not apply to any parcel or parcels or 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.
(D) Nothing contained in subsection (A) 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. 1091 § 5, 1996)
16.170.020 Remedies.
(A) Any deed of conveyance, sale or contract to sell real property which has been prepared in violation of the provisions of the Subdivision Map Act or this title is voidable at the sole option of the buyer, or any personal representative, 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 buyer and upon the grantor.
(B) The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided 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 or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation, with or without actual 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 any additional conditions which would have been applicable to the division of 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 property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of this title, only those conditions or stipulations in that certificate shall be applicable. In such circumstances, a property owner may first apply for and obtain a certificate of compliance or conditional certificate of compliance. (Ord. 1091 § 5, 1996)
16.170.030 Notice of violation.
If the City Engineer has knowledge that real property has been subdivided 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 Engineering Department, by certified mail, to the current owner of record, pursuant to Government Code Section 66499.36, and the process and review of a notice of violation will be conducted as set forth in that section. (Ord. 1091 § 5, 1996)