Chapter 16.34
ENFORCEMENT
Sections:
16.34.040 Notice of violation.
16.34.050 Violation as a misdemeanor.
16.34.010 Purpose.
The purpose of this chapter is to provide for enforcement of this title and the Subdivision Map Act. (Ord. 05-002 § 1 (part), 2005)
16.34.020 Prohibition.
A. Restrictions. 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 parcel map or final map is required by the Subdivision Map Act or this title, until such a map, in full compliance with the provisions of the Subdivision Map Act and this title, has been filed for record by the county recorder.
B. Conveyances. Conveyances of any part of a division of real property for which a parcel map or final 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 map has been filed for record by the county recorder.
C. Exemptions. 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, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
D. Conditional Approvals. 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 such construction is expressly conditioned upon the approval and filing of a final map or parcel map, as required under Subdivision Map Act or this title. (Ord. 05-002 § 1 (part), 2005)
16.34.030 Remedies.
A. Voidable Transactions. 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, any heirs, personal representative, or trustee in insolvency or bankruptcy thereof within 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.
B. Action for Damages. 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 this title 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 so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property.
C. Effect of Certificate of Compliance. 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 Chapter 16.32 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.
D. Other Remedies. This chapter 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 this title.
E. Development Approvals. 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 this title 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 was the owner of record at the time of such violation or whether the applicant 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 illegally subdivided, the city 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 in accordance with the provisions of Chapter 16.32, only those conditions stipulated in that certificate shall be applicable. (Ord. 05-002 § 1 (part), 2005)
16.34.040 Notice of violation.
A. Tentative Notice. Whenever the planning manager finds that any real property has been divided, or any boundary line of any parcel relocated, in violation of this title, he or she shall cause to be mailed, by certified mail to the then current owner of record of the property, a notice of intent to record a notice of violation. The tentative notice of violation shall contain the following:
1. A description of the real property;
2. The name(s) and address(es) of the owner(s) of record;
3. A description of the violation(s) alleged;
4. An explanation as to why the subject parcel is not lawful under the relevant provisions of this title and the Subdivision Map Act;
5. A time, date, and place where the planning manager will conduct a meeting to consider such violation(s) of this title; and
6. A copy of this chapter.
B. Response by Owner. Within fifteen mailing days of receipt of the tentative notice of violation described in subsection A of this section, the property owner of record shall inform the planning manager in writing of his or her objection to the recordation of a notice of violation. Failure to so inform the planning manager shall result in a notice of violation being recorded with the county recorder pursuant to subsection D of this section.
C. Opportunity to Present Evidence. The meeting described in subsection A of this section shall be conducted no less than thirty days and no more than sixty days, after the mailing of the tentative notice of violation. At the meeting the owners of the property shall be given the opportunity to present any evidence relevant to show why a notice of violation should not be recorded.
D. Action by Planning Manager. After the owner has had the opportunity to present evidence at the meeting, the planning manager shall take either of the following actions:
1. Determine that there has been no violation and mail a clearance letter to the then current owner of record; or
2. Determine that the property has in fact been illegally divided and record a notice of violation with the county recorder. (Ord. 05-002 § 1 (part), 2005)
16.34.050 Violation as a misdemeanor.
In addition to the remedies and procedures provided in this chapter, any person violating any of the provisions or failing to comply with any of the regulatory requirements of this title shall be guilty of a misdemeanor, or infraction as determined by the city attorney. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding one thousand dollars or by both. Except as otherwise provided in this chapter, 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 title is committed, continued or permitted by such person and shall be punishable accordingly. (Ord. 05-002 § 1 (part), 2005)