It is unlawful for any person, principal, agent or otherwise to sell, lease, finance, or transfer title to any portion of any subdivision or parcel of land in the City, for which a final parcel map, a final subdivision map or a certificate of compliance is required pursuant to the Subdivision Map Act or this division, unless a final parcel map, final subdivision map or certificate of compliance in full compliance with the Subdivision Map Act and this division has been filed with the County Recorder's office.
(Ord. 565 § 3, 2019)
A. 
Notice of Intention to Record Notice of Violation. Whenever the Director 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 this division, as they existed at the time of the division, the Director must send, by certified mail, a notice of intention to record a notice of violation to the then current owner of record of the property. The notice of intentional must describe the real property in detail, name the owners of the real property, and state that the owner will be given an opportunity to present evidence to the Director regarding why the notice should not be recorded. The notice must specify a time, date, and place for the meeting. The notice must also contain a description of the violations and an explanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Section 66412.6 of the Subdivision Map Act.
B. 
Hearing on Notice of Intention. The hearing on the notice of intention to record a notice of violation must take place no sooner than 30 days and no later than 60 days from date of mailing. If, within 15 days after receipt of the notice, the owner of the real property fails to inform the local agency of his or her objection to recording the notice of violation, the Director may record the notice of violation with the County Recorder.
1. 
If, after the owner has presented evidence, the Director determines that there has been no violation, the Director must mail a clearance letter to the then current owner of record.
2. 
If, after the owner has presented evidence, the Director determines that the property has been illegally divided, the Director must record the notice of violation with the County Recorder. The notice of violation, when recorded, is deemed to be constructive notice of the violation to all successors in interest in such property.
(Ord. 565 § 3, 2019)
No agency or City department may issue any permit or grant any approval necessary to develop any real property if that property has been divided or has resulted from a division in violation of the Subdivision Map Act or this division as they existed at the time of the division, unless the Director finds that the development of the property is not contrary to the public health or safety and a certificate of compliance is issued pursuant to the provisions of Section 12.22.040. The authority to deny such a permit or such approval applies whether the applicant was the owner of record of the property at the time of the violation, or whether the applicant is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the property with or without actual or constructive knowledge of the violation at the time of acquisition of interest in the property.
(Ord. 565 § 3, 2019)
A. 
Any person owning real property may request the issuance of a certificate of compliance stating that such real property (or any division thereof) complies with the provisions of the Subdivision Map Act and this division. Such request must be filed with the Director and be accompanied by a fee, as adopted by resolution of the City Council, and such information as may be prescribed by the Director.
B. 
The Director must, within 50 days after receipt of a complete, written request, make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and this division or that such real property does not comply with such provisions, and must so notify the owner thereof setting forth the particulars of such compliance or noncompliance.
C. 
If the subject real property is found to be in compliance with the Subdivision Map Act and this division enacted pursuant thereto, the Director must cause a certificate of compliance relative to such real property to be filed for record with the County Recorder. If, however, the subject real property is found not to be in compliance with the provisions, the Director may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired the interest in the property as a condition to granting a certificate of compliance. Upon satisfaction of the conditions necessary to fulfill compliance, the Director must then cause a certificate of compliance relative to such real property to be filed for record with the County Recorder.
(Ord. 565 § 3, 2019)
Any person dissatisfied with any action of the Director pursuant to this division may appeal to the City Council by filing such an appeal and fee, as established by resolution of the City Council, within 15 days after the mailing of the notice of action.
(Ord. 554 § 3, 2019)