Chapter 17.100 — ENFORCEMENT—PENALTY—REMEDIES

(a)

It shall be the duty of the city engineer to enforce this title. All departments, officials and public employees of the city vested with duty or authority to issue permits shall conform to the provisions of this title and shall issue no permits or licenses for uses, buildings or purposes in conflict with the provisions of this title, the Subdivision Map Act and any map approved hereunder; and any such permits or business licenses issued in conflict with the provisions of this title, the Subdivision Map Act or any map approved hereunder shall be null and void. Any person who violates, disobeys, neglects or refuses to comply with or resists enforcement of any of the provisions of this title is guilty of a misdemeanor. Each day such a violation or failure to comply is permitted to exist, after notification thereof, constitutes a separate offense.

(b)

The city shall not issue any permit or grant of 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 title or the Subdivision Map Act if it finds that development of such real property is contrary to the public health or public safety. The authority to deny such a permit or such approval shall apply 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 of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in such property.

If the city 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 property at the time the applicant acquired his or her interest in such real property, and which has been established at such time by this title or the Subdivision Map Act, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this title or the Subdivision Map Act, who, by a grant of the real property created a parcel or parcels in violation of this title or the Subdivision Map Act, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of this title or the Subdivision Map Act, then the city may impose such conditions as would be applicable to a current division of the property, and except that if a conditional certificate of compliance has been filed for record under the provisions of Section 17.100.040 only such conditions stipulated in that certificate shall be applicable.

(Ord. 1066 § 1, 1986: Ord. 999 § 1 (part), 1985)

A violation of this title which is not also a violation of the Subdivision Map Act or any other statute of the state is a misdemeanor, punishable in accordance with Section 1.04.010 of this code.

(Ord. 999 § 1 (part), 1985)

(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 the Subdivision Map Act or of this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of the Subdivision Map Act or 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 divisee.

(b)

Any grantee or his successor in interest of 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 may, within one year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages he has suffered by reason of such division of property. The action may be brought against any person who divided the property in violation of the provisions of the Subdivision Map Act or this title, 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 66499.35 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 his successor in interest under any other provisions of law.

(Ord. 999 § 1 (part), 1985)

(a)

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the city shall determine, whether such real property complies with the provisions of this title and the Subdivision Map Act. Every person making such a request shall submit an application and pay fees therefor as prescribed by resolution of the city council. Upon making such determination the city 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 thereof complies with Title 17 of this code and applicable provisions of the Subdivision Map Act.

(b)

If the city determines that such real property does not comply with the provisions of this title and the Subdivision Map Act, it shall issue a certificate of compliance or conditional certificate of compliance. As a condition to grant a certificate of compliance the city may impose such conditions as would have been applicable to the division of property at the time the applicant acquired his or her interest therein and which had been established at such time by this title or the Subdivision Map Act, except that where the applicant was the owner of record at the time of the initial violation of the initial provisions of this title or the Subdivision Map Act who by a grant of real property created a parcel or parcels in violation of this title or the Subdivision Map Act and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of this title or the Subdivision Map Act, then the local agency may impose such conditions as would be applicable to a current division of the property. Upon making such a determination and establishing such conditions the city shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve 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 tax that fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for 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 city.

(c)

A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 17.100.010.

(d)

A recorded final map, parcel map or official map shall constitute a certificate of compliance with regard to the parcels of real property described therein.

(e)

An official map prepared pursuant to subdivision (b) of Section 66499.52 of the Subdivision Map Act shall constitute a certificate of compliance with regard to the parcels of real property described therein and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section or, with the approval of the city engineer within contiguous sections of land.

(f)

A certificate of compliance shall be subject to review and approval by the City Engineer or his designee in accord with the State's Subdivision Map Act.

(Ord. 2184 § 1 (part), 2007; Ord. 1066 § 2, 1986)