Chapter 16.15
ENFORCEMENT
Sections:
16.15.010 Purpose.
The purpose of this chapter is to identify prohibitions for the division or conveyance of land and to identify remedies where such prohibited actions have been made. (Ord. 22-12 § 3 (Exh. A))
16.15.020 Applicability.
This chapter does not apply to any parcel or parcels of 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. 22-12 § 3 (Exh. A))
16.15.030 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, or allow occupancy thereof, for which a final map or parcel map is required by the Map Act or this title, until such a map, in full compliance with the provisions of the Map Act and this title, has been filed for record by the county recorder.
B. Conveyances of any part of a division of real property for which a final or parcel map is required by the 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.
C. Nothing contained in 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 Map Act or this title. (Ord. 22-12 § 3 (Exh. A))
16.15.040 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 Map Act or this title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or any heirs, personal representative, or trustee in insolvency or bankruptcy thereof, within one year after the date of discovery of such violation in accordance with Government Code Section 66499.32(a).
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 the Map Act or this title, may, within one year of the date of discovery of such violation, bring an action in the Superior Court of California, county of Riverside, 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 subdivided the property and against any successors in interest who have actual or constructive knowledge of such division of property in accordance with Government Code Section 66499.32(b).
C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance, final map, or parcel map filed by the county recorder, from and after the date of recording.
D. 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.
E. 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 be 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 or sale.
F. 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 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 or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
G. If the city issues a permit or grants approval for the development of any real property illegally subdivided under the provisions of subsection A of this section, 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 recordation in accordance with the provisions of Chapter 16.45 (Certificates of Compliance), only those conditions stipulated in that certificate shall be applicable in accordance with Government Code Section 66499.34. (Ord. 22-12 § 3 (Exh. A))