Chapter 9.12 Enforcement of Subdivision Article Provisions

9.12.10 Purpose of this Chapter

This Chapter sets forth the procedures for enforcing the provisions of this Article.

9.12.20 Prohibitions

The following prohibitions shall apply to this Article:

A.    No person shall sell, lease, or finance any parcel or parcels of real property, or commence grading or construction of any building for sale, lease or financing except for model homes, or allow occupancy, for which a Final Map is required by this Article or the Subdivision Map Act, until a map, in full compliance with the provisions of this Article and the Subdivision Map Act, has been filed with the County Recorder for record.

B.    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 Parcel Map is required by this Article or the Subdivision Map Act, until a map, in full compliance with the provisions of this Article and the Subdivision Map Act, has been filed for record by the Recorder.

C.    Conveyances of any part of a division of real property for which a Final or Parcel Map is required shall not be made by parcel number, letter or other designation, unless and until the Final or Parcel Map has been filed for record with the County Recorder.

D.    Subsections A through C 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 regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

E.    Nothing in Subsections A and B 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.

9.12.30 Remedies

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 Article or the 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 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 his 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 Article 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 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 certificate of compliance filed pursuant to Section 9.13.40 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 Los Angeles County, to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this Article.

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 Article 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. The City, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those additional conditions that 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 therein shall be applicable.

9.12.40 Certificate of Compliance

A.    Any person owning real property may request the Community Development Director to determine whether the real property complies with the provisions of this Article and the Subdivision Map Act.

B.    Upon making a determination that the real property complies with this Article and the Subdivision Map Act, the Community Development Director shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with the Subdivision Map Act and this Article.

C.    If the Community Development Director determines that the real property does not comply with the provisions of the Municipal Code or Subdivision Map Act, the Community Development Director may, as a condition to granting a certificate of compliance, impose conditions according to Section 9.12.30(E). Upon making a determination and establishing conditions, the Community Development Director shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee 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. 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.    For the purposes of administration of this section, any parcel which conforms to the Zoning Ordinance and was shown on the County Assessor’s maps as a separate parcel prior to 1978 shall be considered as a conforming parcel.

F.    A fee to be charged at actual cost 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.

9.12.50 Notice of Violation

If the Community Development Director or authorized representative has knowledge that real property has been divided in violation of the provisions of this Article or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by first class mail to the current owner of record. The notice shall describe the property in detail, name the owner, describe the violation(s) 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 Community Development Director why a notice of violation should not be recorded. The meeting shall be held no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing.

If, within fifteen (15) days of receipt of the notice, the owner fails to notify the Community Development Director of his or her objection to the recording of the notice of violation, the Community Development Director shall record it. If, after the owner presents evidence, the Community Development Director determines that the property has in fact been illegally divided, the Community Development Director shall record the notice of violation with the County Recorder. If, after the owner presents evidence, the Community Development Director determines that there has been no violation, the Community Development Director shall mail a clearance letter to the owner. The notice of violation, when recorded, shall be constructive notice of the violation to all successors in interest in the property.

9.12.60 Penalties

Each violation of this Article 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 ten thousand dollars ($10,000), or by both that fine and imprisonment. The City may alternatively, in its discretion, charge such a violation as a misdemeanor. Every other violation of this Article is a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Article shall be punishable by imprisonment in the county jail not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000) or by both. Except as otherwise provided in this Article, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Article is committed, continued or permitted by such person and shall be punishable accordingly.

9.12.70 Judicial Action

Any action or proceeding to attack, review, set aside, void or annul the decision of the Community Development Director, Planning Commission or City Council concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within 90 days after the date of the decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts or determinations. Any such proceeding shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain and forcible entry and unlawful detainer proceedings.