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, or allow occupancy thereof, for which a final or parcel map is required by the Subdivision Map Act or this title, until such a final or parcel map, in full compliance with the provisions of the Subdivision Map Act and this title, has been filed for record by the Sutter County Recorder.
B. 
Conveyances of any part of a division of property for which a final or parcel map is required by the Subdivision Map Act or this title shall not be made by parcel or block number, letter or other designation, unless and until such final or parcel map has been filed for record by the Sutter County Recorder.
C. 
Subsections A and B of this section do 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 title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
D. 
Nothing contained in subsection A of this section 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 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 title.
E. 
Nothing in subsections A to D of this section, inclusive, shall in any way modify or affect the provisions of Section 11018.2 of the Business and Professions Code.
F. 
For purposes of this section, the limitation period for commencing an action, either civil or criminal, against the subdivider or owner of record at the time of a violation of the Subdivision Map Act or this title, 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 Sutter County Recorder.
(Ord. 539 § 1, 2011)
Each violation of the Subdivision Map Act and this title 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 $10,000.00, or by both that fine and imprisonment. Every other violation of the Subdivision Map Act and this title is a misdemeanor.
(Ord. 539 § 1, 2011)
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 title, 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.
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 the Subdivision Map Act or this title 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 Section 16.56.040 of this chapter or identified in a recorded final map or parcel map, from and after the date of recording.
D. 
The provisions of this chapter shall not limit or affect, in any way, the rights of a grantee or successor in interest under any provision of law.
E. 
The Subdivision Map Act does not bar any legal or 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 title.
F. 
The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which resulted from a division, in violation of the provisions of the Subdivision Map Act or this title, if it finds that development of such real property is contrary to the public's health or safety. The authority to deny such a permit or such 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 pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
G. 
If the City issues a permit or grants approval for the development of any real property which has been divided or which resulted from a division, in violation of the provisions of the Subdivision Map Act or this title, the City may impose those conditions which would have been applicable to the division of the property at the time the applicant acquired interest in such real property. If the applicant was the owner of record 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 Section 16.56.040, only those provisions stipulated in that certificate shall be applicable.
(Ord. 539 § 1, 2011)
This section provides procedures for the processing of certificates of compliance, consistent with the requirements of the Subdivision Map Act Section 66499.35.
A. 
Applicability. A certificate of compliance is a document recorded by the Sutter County Recorder, which acknowledges that the lot is considered by the City of Live Oak to be a legal lot of record. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance.
B. 
Application Contents. A certificate of compliance application shall include the form provided by the City, the required filing fee, a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the lots were created through a recorded subdivision map.
C. 
City Engineer Review.
1. 
Upon making a determination that the real property complies with the provisions of the Live Oak Municipal Code and the Map Act, the City Engineer shall cause a certificate of compliance to be filed for record with the Sutter County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of the City of Live Oak Municipal Code and the Subdivision Map Act.
2. 
If the City Engineer determines that the real property does not comply with the provisions of the City of Live Oak Municipal Code or Subdivision Map Act, the City Engineer may, as a condition to granting a certificate of compliance, impose conditions. Upon making a determination and establishing conditions, the City Engineer shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as a notice to the property owner who has applied for the certificate or a purchaser of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
3. 
Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.
D. 
Form of Certificate. The certificate of compliance shall identify the real property, shall state that the division complies with the provisions of the Subdivision Map Act and this title, and shall include all information required by the Subdivision Map Act Section 66499.35.
E. 
Effective Date of Certificate of Compliance. A certificate of compliance shall not become final until the document has been recorded by the Sutter County Recorder.
F. 
Recorded Final or Parcel Map. A recorded final or parcel map shall constitute a certificate of compliance with respect to the lots of real property described in the final or parcel map.
(Ord. 539 § 1, 2011)
Whenever the City has knowledge that real property has been divided in violation of the Subdivision Map Act or this title, a notice of intention to file a notice of violation shall be mailed 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 under Section 66412.6(a) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the Planning Commission why a notice of violation should not be recorded.
The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the City a written objection to recording the notice of violation, the City shall file the notice of violation for record with the Sutter County Recorder. If, after the owner has presented evidence, the Planning Commission determines that there has been no violation, the City shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the Planning Commission determines that the property has in fact been illegally divided, the Planning Commission shall file the notice of violation for record with the Sutter 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. 539 § 1, 2011)