Chapter 20.80 — ENFORCEMENT

Any deed of conveyance, sale, or contract to sell 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 heirs, personal representative, or trustee 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 assignee, heir or devisee.

(Prior code §9-51; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Whenever a county official or employee has knowledge that real property may have been divided in violation of this title or the Subdivision Map Act, such information shall be conveyed to the director. (Prior code §9-49(a); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

• A. The director, when upon investigation of information received or upon his own initiative, determines that real property has been divided in violation of this title or the Subdivision Map Act shall file for record with the county recorder, a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence.

• B. Upon recording a notice of intention to record a notice of violation, the director shall mail a copy of the notice to the owner of the real property at least sixty calendar days prior to the recording of a notice of violation. The notice shall specify a time, date, and place at which the owner may present evidence to the commission at a public hearing why the notice of violation should not be recorded.

• C. If the commission determines there has been no violation, the director shall record a notice of violation with the county recorder. If the commission determines that the property has in fact been illegally divided, the director shall record the notice of violation with the county recorder.

• (Prior code §9-49(b); Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

All officers and employees of the county who are vested with the duty or authority to issue permits or licenses shall carefully scrutinize all applications filed for any permit or license to ascertain if there has been any violation of the provisions of this title. No permit or license for the construction of any building or for any other use or improvement of a lot or parcel of land shall be issued if it appears that there has been or will be a violation of this title. Any permit or license issued in conflict with the provisions of this title shall be null and void.

(Prior code §9-48; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)

Nothing contained in this chapter, however, shall be deemed to bar any legal, equitable, or summary remedy to which the county or any other political subdivision, or any person, firm, corporation, partnership, or copartnership may otherwise be entitled; and the county or any other political subdivision or person, firm, corporation, partnership, or copartnership may bring legal action to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

(Prior code §9-52; Ord. NS 1061 §2, 1981; Ord. CS 179 §1, 1986)