No person shall sell, lease or finance, or offer to sell, lease
or finance, nor build on or grade on, any lot unless a final map or
parcel map relating thereto is filed or waived pursuant to this chapter,
or unless said lot was created pursuant to a predecessor of this chapter,
or unless said lot is a legal lot as defined in the zoning ordinance.
(Ord. 459 § 16.17.010, 1979)
Whenever the County Assessor or the head of any City department
finds that the provisions of this title or of the Subdivision Map
Act have been violated, he or she shall report such violation to the
City Planner. It shall be the duty of the City Planner to investigate
such report and enforce the provisions of this title and the Subdivision
Map Act.
(Ord. 459 § 16.17.020, 1979)
A. Whenever
the City Planner has knowledge that real property has been divided,
or has resulted from a division, in violation of the provisions of
the Subdivision Map Act or City ordinances enacted pursuant thereto
applicable at the time such violation occurred, he or she shall cause
to be filed for record with the County Recorder a notice of violation.
Such notice of violation, when recorded, shall be deemed to be constructive
notice of the violation to all successors in interest in such real
property.
B. Any
grantee, or his or her successor in interest, of real property which
has been divided, or which has resulted from a division, in violation
of the provisions of the Subdivision Map Act or City ordinances enacted
pursuant thereto, may, within one year of the date of discovery of
such violation, bring an action in the Superior Court to recover any
damages he or she has suffered by reason of such division of property.
The action may be brought against the person who divided the property
in violation of the provisions of the Subdivision Map Act or City
ordinances enacted pursuant thereto 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.
D. The
provisions of this section shall not limit or affect in any way the
rights of a grantee or his or her successor in interest under any
other provision of law.
(Ord. 459 § 16.17.030, 1979)
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 City ordinances enacted
pursuant thereto is voidable at the sole option of the grantee, buyer
or person contracting to purchase, his or her heirs, personal representative,
or trustee in insolvency or bankruptcy within one year after the date
of discovery of such 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 or her assignee, heir or devisee.
(Ord. 459 § 16.17.070, 1979)
Any person violating any of the provisions of this title shall be guilty of a misdemeanor and shall be punishable as provided in Chapter
1.12 of this code.
(Ord. 459 § 16.17.080, 1979; amended during 1991 republication)