Chapter 12
ENFORCEMENT
Sections:
13-12.01 Unlawful acts designated.
13-12.02 Remedies, conditions, liability.
13-12.03 Certificate of compliance—Issuance.
13-12.01 Unlawful acts designated.
It shall be unlawful for any person to divide any parcel of land without first complying with this title and the Map Act.
(a) No person shall offer to sell or lease, to contract to sell or lease, to sell or lease or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon for which a final map or parcel map is required by this title, or the State Subdivision Map Act, until such map thereof, in full compliance with the provisions of this title, and the Subdivision Map Act, has been filed with the County Recorder for record.
(b) 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, for which a parcel map is required by this chapter or the State Subdivision Map Act, until such map thereof, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record by the Recorder.
(c) Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the County Recorder.
(d) Nothing 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 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 as required by law, nor shall this section modify or affect the provisions of Section 11018.2 of the California Business and Professions Code.
(e) For purposes of this section, the limitation period for commencing an action, either civil or criminal, against the subdivider or an owner of record at the time of a violation of this title or of the Subdivision Map Act, shall be tolled for any time period during which there is no constructive notice of the transaction constituting the violation, because the owner of record, at the time of the violation or at any time thereafter, failed to record a deed, lease or financing document with the County Recorder. Penalties for violation of the Subdivision Map Act shall be in accordance with Section 66499.31 of the Subdivision Map Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-12.02 Remedies, conditions, liability.
(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 this title or the Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his/her heirs, personal representative or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation, but the deed of conveyance, sale or contract to sell is binding upon any 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 his/her assignee, heir or devisee.
(b) Any grantee, or his 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 may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such 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. 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 66499.35 of the Map Act of the State, or identified in a recorded final map or parcel map, from and after the date of recording.
(c) The provisions of this chapter shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.
(d) This chapter 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 for sale, lease or financing in violation of this title.
(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 State Subdivision Map Act if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor 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 his interest in such real property.
(f) The City, in issuing a permit or granting approval for the development of any such real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by this title or other City ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this chapter, only such conditions stipulated shall be applicable.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-12.03 Certificate of compliance—Issuance.
(a) Any person owning real property within the City, or a vestee of that person pursuant to a contract of sale of the real property, may request the Community Development Director to determine whether such real property complies with the provisions of this title and the Subdivision Map Act. A written application for a certificate of compliance shall be accompanied by a current preliminary title report and any such other information deemed by the Community Development Director as necessary to complete the application.
(b) If the Community Development Director determines that the real property was created in accordance with the provisions of this title and the Subdivision Map Act, the Community Development Director shall cause a certificate of compliance to be filed for record with the County Recorder. Each certificate of compliance shall identify the real property and shall state that the division thereon complies with applicable provisions of the Subdivision Map Act.
(c) If the Community Development Director determines that such real property was not created in compliance with the provisions of this title or the Subdivision Map Act, he/she may issue a conditional certificate of compliance. The Community Development Director may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and which had been established at such time by ordinance. The Community Development Director may also impose those conditions that would be applicable to a current division of the property if the applicant was the owner of record at the time the parcel was created.
(d) Upon making the determination and establishing the conditions, the Community Development Director shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner or vestee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property. The fulfillment and implementation of such conditions as included in the certificate of compliance shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.
(e) 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.
(f) Any lot or parcel not created by a recorded final map or parcel map shall be presumed to be lawfully created if it complies with the provisions of Section 66412.6 of the Subdivision Map Act. Such parcels proposed for development shall obtain a certificate of compliance or conditional certificate of compliance prior to approval of any development permit.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-12.04 Notice of violation.
Whenever the Community Development Director has knowledge that real property has been divided in violation of the provisions of this title or the Subdivision Map Act, he/she shall cause to be mailed by certified mail to the then current owner of record a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and why the parcel is not lawful, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting no sooner than thirty (30) days and no later than sixty (60) days from the date of the notice at which the owner may present evidence as to why such notice should not be recorded. If, within fifteen (15) days of receipt of the notice, the owner of the real property fails to notify the City of any objections, the City Council shall record the notice of violation with the County Recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the City shall mail a clearance letter to the owner of record. If, however, after the owner has presented evidence, the City Council determines that the property has been illegally divided, the City Council shall record the notice of violation. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)