Camarillo Municipal Code Ch. 18.90 Enforcement of Title Provisions

A. 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 final map or parcel map is required by this title, or the state Subdivision Map Act, until such map has been filed with the county recorder for recordation in full compliance with the provisions of this title and the state Subdivision Map Act.

B. 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 with the county recorder for recordation.

C. Subsections (A) and (B) of this section do 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.

D. 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 which such sale, lease or financing or the commencement of such construction is expressly conditioned upon the approval and filing of a final subdivision map or parcel map as required by the state Subdivision Map Act or this title.

E. For the purposes of this section, the limitation period for commencing an action, either civil or criminal, against the subdivider or an owner of record at the time of a violation of this title or of the State Subdivision Map Act, shall be tolled for any time period during which there is no constructive notice of the transaction constituting the violation, because the owner of record, at the time of the violation or at any time thereafter, failed to record a deed, lease, or financing document with the county recorder.

(Ord. 810 § 63, 1994: Ord. 570 § 3 (part), 1984.)

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 or state Subdivision Map Act, 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, 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.

B. Any grantee, or his successor in interest, or real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the state 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 he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

C. The provisions of this title shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 66499.35 of the Government Code or identified in a recorded final map or parcel map, from and after the date of recording.

D. The provisions of this title shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provisions of law.

E. This title 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 of Ventura County to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this title.

F. 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 this title or the state Subdivision Map Act 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 such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

G. The city, in issuing a permit or granting approval for the development of any such real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by this division or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this title, only such conditions stipulated shall be applicable.

(Ord. 570 § 3 (part), 1984.)

A. Any person owning real property within the city may request the city engineer to determine whether such real property complies with the provisions of this title and the state Subdivision Map Act.

B. Upon making such determination, the city engineer, after conferring with the director of planning and community development, 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 of land complies with applicable provisions of this code and the state Subdivision Map Act.

C. 1.

If the city engineer determines that such real property does not comply with the provisions of this code or the state Subdivision Map Act, he 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 or her interest therein, and which had been established at such time by this title. Where, however, the applicant was the owner of record at the time of the initial violation of the provisions of this title who by a grant of the real property created a parcel or parcels in violation of this title; 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 the state Subdivision Map Act and this title thereto, then the city engineer may impose such conditions as would be applicable to a current division of the property.

2. Upon making such a determination and establishing such conditions, the city engineer or authorized representative shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner 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 shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

3. 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.

D. A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein.

E. For the purposes of administration of this section, any parcel that is shown on the county assessor's maps prior to January 1, 1980, shall be considered as a conforming parcel.

F. A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

(Ord. 810 § 64, 1994; Ord. 570 § 3 (part), 1984.)

A. Whenever the city engineer has knowledge that real property has been divided in violation of the provisions of this title or the state Subdivision Map Act, he/she shall cause to be mailed by certified mail to the then current owner of record a notice of intention to record a notice of violation (certificate of noncompliance) with the county recorder.

B. The notice of intention shall describe the real property in detail, name the owners thereof, and describe the violation and explain why the subject parcel is not a lawful subdivision under Government Code Section 66412.6. The notice of intention shall state that an opportunity will be given to the owner to present evidence to the city engineer as to why such notice of violation should not be recorded. The notice shall specify the day, time and place of the hearing which shall take place no sooner than thirty days and no later than sixty days from the date of mailing the notice of intention. The notice of intention shall also provide that if an objection is not filed with the city engineer within fifteen days of receipt of the notice, the city shall record the notice of intention with the county recorder.

C. If, after the owner has presented evidence, the city engineer determines that there has been no violation, a release of the notice of intention shall be filed with the county recorder if needed, and a letter of clearance shall be mailed to the then current owner of record. If however, after the owner has presented evidence, the city engineer determines that the property has in fact been illegally divided, then the city engineer shall record the notice of violation with the county recorder.

D. The tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Ord. 810 § 65, 1994: Ord. 570 § 3 (part), 1984.)