(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 except for model homes, or allow occupancy, for which a final map or parcel map is required by this Chapter or the Subdivision Map Act, until a map, in full compliance with the provisions of this Chapter and the Subdivision Map Act, has been filed with the County Recorder for record.
(B) 
Conveyance of any part of a division of real property for which a final or parcel map is required shall not be made by parcel or block number, letter, or other designation, unless and until such map has been filed for record by the County Recorder.
(C) 
This Section does 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 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 prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing, or the commencement of construction is expressly conditioned upon the approval and filing of a final or parcel map.
No real property, or portion thereof, shown on the latest equalized County assessment roll as a unit or contiguous units and lying wholly or partially within the City of San Juan Bautista shall be divided into two (2) or more parcels for the purpose of sale, lease, conveyance, or financing, whether immediate or future, unless prior thereto a tentative map is acted upon and a final map or parcel map has been filed in accordance with the provisions of this Chapter, except for the cases of subdivisions for which the Planning Commission waives the requirement for filing a parcel map based on the findings:
(A) 
That the proposed subdivision complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Chapter;
(B) 
That waiving the parcel map will not be materially detrimental to the public welfare;
(C) 
That filing of a parcel map would impose an unusual hardship to the subdivider; and
(D) 
All adopted ultimate road right-of-way fronting or through the parcels has been dedicated to or purchased by the City.
(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 this Chapter or Subdivision Map Act, 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 within one (1) year after the date of discovery of the 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 any assignee, heir, or devisee.
(B) 
Any grantee, or successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this Chapter or the Subdivision Map Act may, within one (1) year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation 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 recorded certificate of compliance filed or identified in a recorded final 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.
(D) 
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 any person, firm, or corporation may file a suit in the Superior Court of San Benito County to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this Chapter or the Subdivision Map Act.
(E) 
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 this Chapter or the Subdivision Map Act if it finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.
(F) 
The City, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property, including the approval and filing of a subdivision map and any conditions relating to the violation. 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, including the approval and filing of a subdivision map and any conditions relating to the violation. If a conditional certificate of compliance has been filed for record, only those conditions stipulated therein shall be applicable.
Such a certificate does not entitle the owner to a building permit or other grant of development approval absent compliance with other requirements for such building permit or development approval.
(A) 
Any person owning real property may request the City Manager to determine whether the parcel(s) in question complies with the provisions of this Chapter and the Subdivision Map Act. Such a request shall consist of a letter addressed to the City Manager that includes the name(s) of current owners of record, assessor’s parcel number(s), assessor’s parcel map(s) with boundaries highlighted of the parcel(s) in question, and evidence indicating the legality of the parcel(s) at the time of the creation of said parcel(s).
(B) 
The City Manager may require additional information from the applicant at any time. Upon making a determination of the legal status of said parcel(s), the City Manager shall cause a certificate of compliance or conditional certificate of compliance to be filed for record with the County Recorder. The certificate of compliance or conditional certificate of compliance shall identify the parcel(s) and shall include a statement concerning the legal status of said parcel(s). Such a certificate does not entitle the owner of said parcel(s) to a building permit or other grant of development approval absent compliance with other requirements for such building permit or development approval, or any applicable conditions imposed.
(C) 
If the City Manager determines that the parcel(s) in question violate the provisions of this Chapter or the Subdivision Map Act, the City Manager may, as a condition to granting a certificate of compliance, impose conditions according to SJBMC 10-2-310(F). Upon making such a determination and establishing conditions, the City Manager or authorized representative shall file a conditional certificate of compliance for recording with County Recorder. The certificate shall serve as notice to the owner who has applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the parcel(s), that the fulfillment and implementation of the conditions shall be required prior to the parcel(s) in question being deemed legal parcel(s) for the purpose of sale, lease, or financing and prior to the issuance of a building permit or other grant of approval for development of the parcel(s).
The issuance of a conditional certificate of compliance is not a warranty that a violation can be cured or that a building permit or other grant of approval will be issued.
Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.
(D) 
A recorded final or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(E) 
(1) 
For purposes of administration of this Section, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if at the time of the creation of the parcel there was compliance with any local ordinance or there was no local ordinance in effect which regulated divisions of land creating fewer than five (5) parcels.
(2) 
Any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of this division or the local ordinance.
Owners of parcels or units of land affected by the provisions of this Subsection shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to this Section prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this Chapter, as required pursuant to Subdivision Map Act Section 66499.35(a), the presumption declared in this subsection shall not be operative.
(F) 
A fee in accordance with the City’s resolution establishing fees and charges shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.
If the City Manager or authorized representative has knowledge that real property has been divided in violation of the provision of this Chapter or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the then current owner of record of the property. The notice shall describe the property in detail, name the owner(s), describe the violation, with explanation as to why the property is not lawful, and state that the owner will be given opportunity to present evidence. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the City Manager why a notice of violation should be not be recorded. The meeting shall take place no sooner than thirty (30) days and no later than sixty (60) days from date of mailing. If, within fifteen (15) days of receipt of the notice, the owner of the real property fails to inform the City of his or her objection to recording the notice of violation, the City Manager shall record the notice of violation with the County Recorder. If, after the owner has presented evidence, it is determined 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 City Council determines that the property has in fact been illegally divided, the City Clerk shall record the notice of violation with the 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. The County Recorder shall index the names of the fee owners in the general index.