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 model homes, or allow occupancy thereof, for which a final or parcel map is required by the Subdivision Map Act or the subdivision regulations, until such a map, in full compliance with the provisions of the Subdivision Map Act and this division, has been filed with the county recorder.
Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or the subdivision regulations shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed with the county recorder.
This section does not apply to any parcels 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 the subdivision regulations, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(Ord. 806 § 1, 2007)
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 the subdivision regulations is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy thereof for a period of 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.
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 regulations 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 divided the property in violation of the provisions of the Subdivision Map Act or the subdivision regulations and against any successors in interest who have actual or constructive knowledge of such division of property.
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 66499.35 of the Subdivision Map Act or identified in a recorded final 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.
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 the subdivision regulations.
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 the subdivision regulations 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 and subsequently determines that the real property was not legally subdivided, the city may reconsider the permit or approval for the development and 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, only those conditions stipulated in that certificate shall be applicable.
(Ord. 806 § 1, 2007)
Any person owning real property, or a vendee of such person pursuant to a contract of sale of such real property, may request the director to determine whether the real property complies with the provisions of the Subdivision Map Act and subdivision regulations.
If it is determined that the real property complies with the provisions of the Subdivision Map Act and the subdivision regulations, the director shall file a certificate of compliance 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 the subdivision regulations.
If it is determined that the real property does not comply with the provisions of the Subdivision Map Act or the subdivision regulations, the director may, as a condition to granting a certificate of compliance, impose conditions in accordance with BGMC § 9.78.100, Conditions of approval. Upon the director making such determination and establishing such conditions, the director shall file a conditional certificate of compliance 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, 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.
A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
Subject to the provisions of Section 66499.35(e) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(Ord. 806 § 1, 2007)
If the city has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or the subdivision regulations, a notice of intention to record a notice of violation shall be prepared by the director and delivered to the current owner of record by certified mail. 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) or (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which time the owner may present evidence to the 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 of 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 community development department a written objection to recording the notice of violation, a notice of violation shall be filed with the county recorder by the director. If after the owner has presented evidence the planning commission determines that there has been no violation, after a 10-day appeal period has elapsed, a clearance letter shall be delivered to the then-current owner of record by certified mail, unless appeal is filed in compliance with BGMC § 9.98.050, Appeal to council. If after the owner has presented evidence and the planning commission determines that the property has in fact been illegally divided, and after a 10-day appeal period has elapsed, a notice of violation shall be filed with the county recorder by the director, unless an appeal is filed in compliance with BGMC § 9.98.050, Appeal to council.
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. 806 § 1, 2007)
The owner or other interested party may appeal the determination of the commission to the council by filing a written notice and paying applicable fees, as established by resolution, to the community development department within 15 days of the commission determination. The council shall hear the appeal within 60 days from the date of appeal. If the council makes a determination that the property has in fact been illegally divided, a notice of violation shall be filed with the county recorder by the director within 30 days of the conclusion of the hearing.
If the council determines that the property has not been illegally divided, a clearance letter shall be delivered to the owner by certified mail within 30 days of the conclusion of the hearing.
(Ord. 806 § 1, 2007)
In addition to the remedies and procedures provided in the Subdivision Map Act, the subdivision regulations, or any other state or local statute or regulation, any person violating any of the provisions or failing to comply with any of the regulatory requirements of the Subdivision Map Act and the subdivision regulations shall be guilty of a misdemeanor.
(Ord. 806 § 1, 2007)