Chapter 11-12
ENFORCEMENT OF PROVISIONS
Sections:
11-12-03 Certificates of compliance.
11-12-04 Certificates of noncompliance.
11-12-01 Prohibitions.
(a) No person shall sell, lease, or finance any parcel or parcels of real property, or commence the construction of any building for sale, lease, or financing, except for model homes, or allow occupancy on any parcel for which a final subdivision map or parcel map is required by this title or the Subdivision Map Act until a map, in full compliance with the provisions of this title and the Subdivision Map Act, has been filed with the County Recorder for record.
(b) The conveyance of any part of a division of real property for which a final map or parcel map is required shall not be made by parcel number, letter, or other designation unless and until the map has been filed for record with the County Recorder.
(c) This section shall not apply to any 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 regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(d) Nothing contained in subsections (a) and (b) of this section shall prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing or the commencement of construction is expressly conditioned upon the approval and filing of a final map or parcel map.
11-12-02 Remedies.
(a) Any deed or 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 this title or the Subdivision Map Act shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or any heir, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of the discovery of the violation. The deed of conveyance, sale, or contract to sell shall be binding upon any successor in interest of the grantee, buyer, or person contracting the purchase, other than those enumerated in this subsection, and upon the grantor, vendor, or person contracting to sell, or any assignee, heir, or devisee.
(b) Any grantee, or successor in interest, 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, within one year after the date of the discovery of such violation, may bring an action in the Superior Court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.
(c) The provisions of this chapter shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 11-12-03 of this chapter or identified in a recorded final map or parcel map from and after the date of recording.
The provisions of this chapter 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 chapter shall 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 any person, firm, or corporation may file a suit in the Superior Court of the County to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this chapter.
(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 this title or the Subdivision Map Act if the City finds that the development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.
The City, in issuing a permit or granting approval for the development of any real property illegally subdivided, 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, only those conditions stipulated shall be applicable.
11-12-03 Certificates of compliance.
(a) Any person owning real property may request the City Engineer to determine whether the real property complies with the provisions of this title and the Subdivision Map Act.
(b) Upon making a determination, the City Engineer shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with the applicable provisions of this Code or the Subdivision Map Act.
(c) If the City Engineer determines that the real property does not comply with the provisions of this Code or the Subdivision Map Act, the City Engineer, as a condition to granting a certificate of compliance, may impose conditions as set forth in subsection (e) of Section 11-12-02 of this chapter. Upon making a determination and establishing conditions, the City Engineer or authorized representative shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the condition shall be required prior to the subsequent issuance of a permit or other grant of approval for the development of the property.
Compliance with the conditions shall not be required until a permit or other grant of approval for the development of the property is issued.
(d) A recorded final map, parcel map, or official map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(e) For the purposes of the administration of this section, any parcel which is shown on the County Assessor's maps prior to 1963 shall be considered a conforming parcel.
(f) A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward such fee.
11-12-04 Certificates of noncompliance.
If the City Engineer or authorized representative has knowledge that real property has been divided in violation of the provisions of this title or the Subdivision Map Act, a tentative notice of violation (certificate of noncompliance) shall be filed for record with the County Recorder describing the real property in detail, naming the owners, describing the violation, and stating that an opportunity will be given to the owner to present evidence. At least thirty (30) days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date, and place at which the owner may present evidence as to why a notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. A tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property.