Chapter 17.45
ENFORCEMENT
Sections:
17.45.010 Prohibition and penalty.
17.45.030 Buildings not to be constructed on illegally subdivided land.
17.45.040 Certificate of compliance.
17.45.050 Filing of notices of violation and notices of intention to record notices of violation.
17.45.010 Prohibition and penalty.
(a) No person shall offer to sell or lease, contract to sell or lease, sell or lease, 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 map is required by this title, until such map thereof in full compliance with the provisions of this title has been filed for record by the recorder of the county in which any portion of the subdivision is located.
(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 thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this title, until such map thereof in full compliance with the provisions of this title has been filed for record by the recorder of the county in which any portion of the subdivision is located.
(c) Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the recorder of the county in which any portion of the subdivision is located.
(d) 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 a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(e) Any person who violates any provision of this division shall be guilty of a misdemeanor. (Ord. 1050 § 1, 6-10-75. 1990 Code § 8-1900.)
17.45.020 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 title is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his/her heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this title, but 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/her assignee, heir or devisee.
(b) Any grantee, or his/her successor in interest, of real property which has been divided, or which has resulted from a division, in violation of this title may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he/she has 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 this title 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 pursuant to Section 17.45.040, or identified in a recorded final subdivision 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 his/her successor in interest under any other provision of law. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1901.)
17.45.030 Buildings not to be constructed on illegally subdivided land.
(a) No permit shall be issued for the construction of or alteration to any building or structures, including underground storage tanks, located or to be located on land which is subdivided in violation of the provisions of the Map Act or this title until such time as the Map Act and this title are complied with.
(b) No permit shall be issued or approval granted necessary to develop any real property which has been subdivided, or which has resulted from a division, in violation of the provisions of the Map Act or this title, if the issuing or granting authority finds that the 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 of the current owner of record pursuant to a contract of sale with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his/her interest in such real property.
If the issuing or granting authority issues a permit or grants approval for the development of any such real property, it may impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his/her interest in such real property, and which has been established at such time by the Map Act or this title, except that if a conditional certificate of compliance has been filed for record pursuant to Section 17.45.040, only such conditions stipulated in that certificate shall be applicable.
(c) Where a parcel of real property has been created as the result of a division of land undertaken in violation of this title, and such parcel of land is in separate ownership from the other parcel or parcels which also resulted from such division, the owner of such parcel or a vendee of such person pursuant to a contract of sale of such real property may apply to the planning manager for approval of a single lot tentative parcel map. The planning manager may approve such tentative parcel map subject to such findings and conditions otherwise applicable to parcel map divisions of land pursuant to this title if he/she finds that the lot established will constitute a legal building site pursuant to this title and the zoning ordinance and that the type of certificate required by Section 17.15.320 has been signed and acknowledged by all persons having any record title in the lot to be established, except in cases where it would not be required for a final map pursuant to Section 17.15.150. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 15, 2-21-78; Ord. 1569 § 22, 9-13-83; amended during 2012 reformat. 1990 Code § 8-1902.)
17.45.040 Certificate of compliance.
(a) Upon application by a person owning real property or a vendee of such person pursuant to a contract of sale of such real property, the advisory agency shall issue and file for record with the county recorder a certificate of compliance when such real property complies with the Map Act and this title. The certificate of compliance shall identify the real property and shall state that the property in question is in compliance with the Map Act and this title.
(b) Where real property is found not to be in compliance with the Map Act or this title, the advisory agency may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his/her interest therein, and which had been established by the Map Act or this title. Upon making such a determination and establishing such conditions, the advisory agency shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as a notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions will be required prior to subsequent issuance of a permit or other grant of approval for the development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the issuing or granting authority of the city.
(c) A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 17.45.030.
(d) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 15, 2-21-78; amended during 2012 reformat. 1990 Code § 8-1903.)
17.45.050 Filing of notices of violation and notices of intention to record notices of violation.
Whenever the planning manager has knowledge that real property has been divided in violation of the provisions of this title or the Map Act, the manager shall cause to be mailed by certified mail to the current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the planning manager as advisory agency why the notice should not be recorded.
The meeting shall take place no sooner than 30 days and no later than 60 days from date of mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the planning manager of his or her objection to recording the notice of violation, the planning 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 planning manager shall mail a clearance letter to the then-current owner of record. If, however, after the owner has presented evidence, the planning manager determines that the property has in fact been illegally divided, the manager 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. (Ord. 1050 § 1, 6-10-75; Ord. 1231 § 15, 2-21-78; Ord. 1659 § 6, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1904.)