This chapter defines penalties for violations of the provisions of this title or the Map Act, and establishes a procedure for recording notices of violation against the title of parcels that were illegally subdivided, as provided by the Map Act.
(Prior code § 18.12.010; Ord. 94-16, 1994)
A. 
Violations of This Title. Any sale, lease or financing of real property contrary to the provisions of this title shall be subject to the penalties set forth in Sections 1.01.200 et seq., of the Buellton Municipal Code.
B. 
Violations of the Map Act. As provided by Map Act Section 66499.31, each violation of the Map Act by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding $10,000, or by both that fine and imprisonment.
C. 
Other Remedies. Nothing contained herein shall be deemed to bar any legal equitable or summary remedy to which the city or other local agency or person, firm, corporation or partnership may otherwise be entitled, including, but not limited to, the remedies described in Article 2, Chapter 7 of the Map Act, and the city or other public agency or such person, firm, corporation or partnership may file suit in the superior court of the county of Santa Barbara to restrain or enjoin any attempted or proposed division or sale, lease or financing in violation of this title.
(Prior code § 18.12.020; Ord. 94-16, 1994)
Whenever a city officer, department or employee has knowledge that real property has been divided in violation of the Map Act or this title, they shall notify the planning department, and the department shall process a notice of violation as set forth in this section.
A. 
Notice of Intention. The department shall prepare and serve a notice of intention to record a notice of violation, as follows:
1. 
Content of Notice. The notice of intention shall:
a. 
Describe the real property in detail, naming all current owners.
b. 
Specify the time, date and place for a meeting where the owner may present evidence to the subdivision committee why the notice should not be recorded.
c. 
Describe the violations of this title and explain why the subject parcel is not lawful, as set forth in Map Act Sections 66412.6(a) and (b).
2. 
Service of Notice. The notice of intention shall be mailed by certified mail to the current owner of record of the property.
3. 
Response to Notice of Intention by Owner. If the owner wishes to object to the recording of a notice of violation, he or she shall inform the department of their objection in writing within 15 days after receipt of the notice of intention, or the subdivision committee shall record the notice of violation with the county recorder.
B. 
Meeting of Subdivision Committee. The subdivision committee shall schedule a meeting to review the matter no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention. At the meeting, the committee shall review the information provided by the department in the notice of intention to record a notice of violation, any evidence presented by the owner of the subject property, and determine whether the property was illegally divided.
C. 
Clearance Letter. If the committee determines that there has been no violation, the subdivision committee shall mail a clearance letter to the current owner of record.
D. 
Notice of Violation. If the subdivision committee determines that the property was divided illegally, the committee shall direct that the department record a notice of violation with the county recorder. When recorded, the notice of violation shall be deemed to be constructive notice of the violation to all successors in interest in such property.
E. 
Release of Notice. At such time as the subdivider has corrected the violation by either filing and receiving approval of a tentative map, and parcel or final map as required by Section 18.01.030 of this title, or obtaining a conditional certificate of compliance as provided by Section 18.06.310 of this title, the subdivider may file a request with the department for release of the notice of violation. The request shall be accompanied by the fee required by the city fee resolution for the release of a notice of violation. If the director determines that a parcel or final map has been recorded or a conditional certificate of compliance has been issued and all conditions have been completed, director shall record a release of notice of violation with the county recorder, referencing the recorder's book and page of the notice of violation being released.
(Prior code § 18.12.030; Ord. 94-16, 1994)