Blue Lake Municipal Code Ch. 16.56 Penalties, Enforcement, Constitutionality, Repeal of Inconsistent…

Any person, firm, corporation, or copartnership that willfully violates any of the provisions or fails to comply with any of the mandatory requirements of this title is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $10,000.00 or by imprisonment in the County Jail, not to exceed 12 months or by both fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Blue Lake or other political subdivision, or any person, firm, corporation, partnership, or copartnership may otherwise be entitled, and the City of Blue Lake or any other political subdivision or person, firm, corporation, partnership, or copartnership may file a suit in the Superior Court of the State of California in and for the County of Humboldt to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

It is the responsibility of the City Clerk to notify the City Attorney of any violation of this title and to sign any necessary complaints.

A. No person shall sell, lease, or finance any parcel or parcels of real property, or commence construction on any building for sale, lease, or financing, except model homes or allow occupancy thereof, for which a final map is required by this title or the Map Act, until the final map is in full compliance with this title and the Map Act.

B. No person shall sell, lease, or finance any parcel or parcels of real property, or commence construction on any building for sale, lease, or financing, except model homes or allow occupancy thereof, for which a parcel map is required by this title or the Map Act, until the parcel map is in full compliance with this title and the Map Act.

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 or block number, initial or other designation unless and until the final or parcel map has been filed for record by the County Recorder of Humboldt County.

D. Nothing in subsections A, B or C of this section shall prohibit an offer or contract to sell, lease, or finance real property or construct improvement thereon where the sale, lease, or financing or initiation of improvement construction is expressly conditioned upon filing of the final or parcel map, as required by this title and the Subdivision Map Act.

Section 16.56.020 does not apply to any parcel or parcels in 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 improvements of subdivision in effect at the time the subdivision was established.

Any deed of conveyance, sale or contract to sell which results in a violation is voidable at the option of the grantee, buyer or person contracting to purchase within one year of the date of discovery of the violation and is subject to the other provisions of the Map Act and this title.

All ordinances and parts of ordinances of the City of Blue Lake in conflict with this title, to the extent of such conflict and no further, are hereby repealed. Ordinance No. 390 is specifically repealed and replaced by the ordinance codified in this title.