Ceres Municipal Code Ch. 12 Enforcement

Except as otherwise provided herein, the Director is authorized and directed to enforce this title and the Subdivision Map Act for subdivisions within the City. The City Attorney is authorized on behalf of the City of Ceres to file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act, this title, or the conditions and term of approvals granted thereunder.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Nothing contained in this chapter, however, shall be deemed to bar any legal, equitable, or summary remedy to which the City or any other political subdivision, or any person, firm, corporation, partnership, or copartnership may otherwise be entitled. The City 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 chapter.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Any deed of conveyance, sale, or contract to sell made contrary to 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 in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee 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.

(Ord. No. 2020-1058, § 3, 3-23-2020)

All officers and employees of the City 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.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Whenever the City has knowledge that real property has been divided in violation of the Subdivision Map Act or this title, the Director shall, upon receipt of information of such violation, file the notices required by section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that section. The hearing required by that section shall be held before the Commission.

(Ord. No. 2020-1058, § 3, 3-23-2020)

No officer or employee of the City shall issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a subdivision, in violation of the provisions of the Subdivision Map Act or this title, if either the Director finds and determines that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefore 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 thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

If the officer or employee of the City issues a permit or grants approval for the development of any real property illegally subdivided, the officer or employee shall impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property as determined by the Director. If the property has the same owner of record as at the time of the initial violation, the Director or Director, or both, may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of section 17.12.070, only those conditions stipulated in that certificate shall be applicable.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The City shall issue certificates of compliance or conditional certificates of compliance as authorized in section 66499.35 of the Subdivision Map Act as follows:

A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the Director to determine whether the real property complies with the provisions of the Subdivision Map Act and this title. A written application for a certificate of compliance shall be accompanied by a preliminary title report not more than six months old that shows the legal owners of the property.

B. If the Director determines that the real property complies with the provisions of the Subdivision Map Act and this title, the Department shall file a certificate of compliance for record with the Stanislaus County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this title.

C. If the Director determines that the real property does not comply with the provisions of the Subdivision Map Act or this title, the Director may, as a condition to granting a certificate of compliance, impose conditions in accordance with 17.12.060. Upon the Director's making such a determination and establishing such conditions, the Department shall file a conditional certificate of compliance of record with the Stanislaus County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate, 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.

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.

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

E. Subject to the provisions of section 66499.35, subdivision (e), of the Subdivision Map Act, an official map prepared pursuant to section 66499.52, subdivision (b), of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein.

F. A fee shall be charged to the applicant for making the determination and processing the certificate of compliance in the amount provided for by resolution of the Council.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The actions of the Director and Commission under this chapter shall be subject to appeal to the Council as provided in section 17.07.020.

(Ord. No. 2020-1058, § 3, 3-23-2020)