(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 a single model home, or allow occupancy
thereof, for which a final subdivision map or parcel map is required
by the Subdivision Map Act or this chapter, until such a map, in full
compliance with the provisions of the Subdivision Map Act and this
chapter and has been filed for record by the county recorder.
(b)
Conveyances of any part of a division of real property for which
a final subdivision map or parcel map is required by the Subdivision
Map Act or this chapter 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)
This section does not apply to any parcel or parcels 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 chapter,
regulating the design and improvement of subdivisions in effect at
the time the subdivision was established.
(d)
Nothing contained in subsection (a) 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 chapter.
[Ord. No. 1034, § 1.]
[Ord. No. 1034, § 1.]
(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 Subdivision Map Act or this chapter or, is
voidable at the sole option of the grantee, buyer or person contracting
to purchase, any heirs, personal representative, or trustee in insolvency
or bankruptcy thereof 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 grantee, buyer or
person contracting to purchase, other than those above enumerated,
and upon the grantor, vendor or person contracting to sell, or his
or her assignee, heir or devisee.
(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 this chapter 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 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 have actual or constructive knowledge of such division
of property.
(c)
The provisions of this section shall not apply to the conveyance
of any parcel of real property identified in a certificate of compliance
filed pursuant to this chapter or identified in a recorded final subdivision
map or parcel map, from and after the date of recording.
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.
(d)
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,
lease, or financing in violation of the Subdivision Map Act or 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 the Subdivision
Map Act or this chapter 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 approval 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.
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 provisions
of this chapter, only those conditions stipulated in that certificate
shall be applicable.
[Ord. No. 1034, § 1.]
(a)
Any person owning real property or a vendee of such person pursuant
to a contract of sale of such real property may request the subdivision
committee to determine whether the real property complies with the
provisions of the Subdivision Map Act and this chapter.
(b)
If the subdivision committee determines that the real property complies
with the provisions of the Subdivision Map Act and this chapter, the
public works director 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 chapter.
(c)
If the subdivision committee determines that the real property does
not comply with the provisions of the Subdivision Map Act or this
chapter, the subdivisions committee may, as a condition to granting
a certificate of compliance, impose conditions in accordance with
this chapter. Upon the subdivision committee's making such a
determination and establishing such conditions, the department shall
file a conditional certificate of compliance for record with the county
recorder. Such certificate shall serve as notice to the property owner
or vendee 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 such conditions 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 by the city.
(d)
A recorded final subdivision map or parcel map shall constitute a
certificate of compliance with respect to the parcels of real property
described therein.
(e)
Subject to the provisions of the Subdivision Map Act, an official
map shall constitute a certificate of compliance with respect to the
parcels of real property described therein.
[Ord. No. 1034, § 1.]
If the department has knowledge that real property has been
divided in violation of the provisions of the Subdivision Map Act
or this chapter, a notice of intention to record a notice of violation
shall be mailed by the department by certified mail to the current
owner of record. The notice shall describe the property in detail,
name the owners, describe the violation and state that the owner will
be given the opportunity to present evidence. The notice shall also
contain an explanation as to why the subject parcel is not lawful
pursuant to the Subdivision Map Act or this chapter. The notice shall
specify the date, time and place for a meeting at which the owner
may present evidence to the subdivision committee why a notice of
violation should not be recorded.
The meeting shall be held no sooner than thirty days and no
later than sixty days from the date of mailing of the notice of intention
to record a notice of violation. If, within fifteen days of receipt
of the notice, the owner fails to file with the department a written
objection to recording the notice of violation, the department shall
file the notice of violation for record with the county recorder.
If, after the owner has presented evidence, the subdivision committee
determines that there has been no violation, the department shall
mail a clearance letter to the then current owner of record. If, however,
after the owner has presented evidence, the subdivision committee
determines that the property has in fact been illegally divided, the
department shall record the notice of violation for record with the
county recorder.
The notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all successors in interest
in such property.
[Ord. No. 1034, § 1.]
Appeals of any subdivision committee action shall be made pursuant
to the provisions of this chapter.
When the subdivision committee takes any action pursuant to
this article, the department shall report any action thereof to the
planning commission.
[Ord. No. 1034, § 1.]
In addition to the remedies and procedures provided in this
chapter, any person violating any of the provisions or failing to
comply with any of the regulatory requirements of this chapter shall
be guilty of a misdemeanor. Any person convicted of a misdemeanor
under the provisions of this chapter shall be punishable by imprisonment
in the county jail not exceeding six months or by fine not exceeding
one thousand dollars or by both.
Except as otherwise provided in this chapter, each person shall
be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is
committed, continued or permitted by such person and shall be punishable
accordingly.
