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Chapter 17.70
ENFORCEMENT AND JUDICIAL REVIEW

Sections:

17.70.010    Prohibition.

17.70.020    Penalty for violation.

17.70.030    Remedies.

17.70.040    Certificate of compliance.

17.70.050    Notice of violation.

17.70.060    Judicial review.

17.70.010 Prohibition.

A. No person shall sell, lease, or finance a parcel of real property or begin construction of a building for sale, lease or financing thereon (except for financing model homes) or allow occupancy thereof, for which a final or parcel map is required by the Subdivision Map Act or this title, until the map complies with the Subdivision Map Act and this title and is recorded with the county recorder. (Govt. Code § 66499.30) This section does not prohibit an offer or contract to sell, lease or finance real property or to construct improvements where the sale, lease or financing or the beginning of construction is expressly conditioned upon the approval and filing of a final map or parcel map.

B. The conveyance of part of a division of real property for which a final or parcel map is required shall not be made by parcel or block number, letter or other designation until the map is recorded with the county recorder.

C. This chapter does not apply to a parcel 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. (Ord. 752 § 32-14.1, 2000; 1991 code § 32-14.1)

17.70.020 Penalty for violation.

A violation of this title by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding $10,000, or by both fine and imprisonment. Every other violation of this title is a misdemeanor. (Govt. Code § 66499.31) (Ord. 752 § 32-14.2, 2000; 1991 code § 32-14.2)

17.70.030 Remedies.

A. Conveyance voidable. A deed of conveyance, sale or contract to sell real property which has been divided or which results from a division in violation of the Subdivision Map Act or this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. However, the deed of conveyance, sale or contract to sell is binding upon a 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 their assignee, heir or devisee. (Govt. Code § 66499.32)

B. Other legal action. This chapter does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person may otherwise be entitled. The city or other public agency or person may file a suit in the superior court to restrain or enjoin an attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act or this title. (Govt. Code § 66499.33)

C. Denial of permits and approvals. The city shall not issue a permit or grant any approval necessary to develop real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this title if it finds that development of the property is contrary to the public health or safety. The authority to deny or approve such a permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property. (Govt. Code § 66499.34)

D. Permit or approval subject to conditions. 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 provision of PHMC § 17.70.040, only the conditions stipulated in that certificate are applicable. (Govt. Code § 66499.34) (Ord. 752 § 32-14.3, 2000; 1991 code § 32-14.3)

17.70.040 Certificate of compliance.

A. A person owning real property or a vendee of such person under a contract of sale may request the city engineer to determine whether the real property complies with the provision of the Subdivision Map Act and this title. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property. (Govt. Code § 66499.35)

B. If the city engineer determines that the real property complies with the provisions of the Subdivision Map Act and this title, the city shall file a certificate of compliance for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this title.

C. If the city engineer determines that the real property does not comply with the provisions of the Subdivision Map Act or this title, the city engineer may, as a condition to granting a certificate of compliance, impose conditions in accordance with PHMC § 17.70.030.D. Upon the city engineer’s making such a determination and establishing such conditions, the city shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property.

Compliance with such conditions is not required until the city issues a permit or other grant of approval for development of the property.

D. A recorded final map, parcel map or official map (prepared in accord with Government Code section 66499.35(e)) constitutes a certificate of compliance with respect to the parcels of real property described on the map.

E. The applicant for a certificate of compliance shall pay the city a fee to cover the reasonable cost of processing the application. (Ord. 752 § 32-14.4, 2000; 1991 code § 32-14.4)

17.70.050 Notice of violation.

A. Notice of intention to record notice of violation. If it is determined that real property has been divided in violation of the Subdivision Map Act or this title, the city engineer shall mail by certified mail to the current owner a notice of intention to record a notice of violation. The notice shall describe the property in detail, name the owners, describe the violation, why the subject parcel is not lawful under Subdivision Map Act § 66412.6(a) or (b) and state that the owner will be given the opportunity to present evidence. The notice shall specify the date, time and place for a planning commission meeting at which the owner may present evidence to the city why a notice of violation should not be recorded. (Govt. Code § 66499.36)

B. Meeting. The meeting shall be held no sooner than 30 days and no later than 60 days from that date of mailing of the notice of intention to record a notice of violation.

C. Clearance if no violation. If, after the owner has presented evidence, the city determines that there has been no violation, the city engineer shall mail a clearance letter to the then-current owner of record.

D. Recording notice of violation. The city shall record the notice of violation with the county recorder if:

1. Within 15 days of receipt of the notice, the owner fails to file with the city engineer a written objection to recording the notice of violation; or

2. After the owner has presented evidence, the city determines that the property has in fact been illegally divided.

E. Effect of recording. The notice of violation, when recorded, is constructive notice of the violation to all successors in interest in the property. (Ord. 752 § 32-14.5, 2000; 1991 code § 32-14.5)

17.70.060 Judicial review.

An action or proceeding to attack, review, set aside, void or annul a decision of the city under this title must be commenced and served on the city within 90 days after the date of the decision. After 90 days, all persons are barred from any such action. (Govt. Code § 66499.37)

The issues raised in an action may be limited to those raised in the public hearing or in written correspondence presented before or at the hearing. (Govt. Code § 65009) (Ord. 752 § 32-14.5, 2000; 1991 code § 32-14.6)