Chino Hills Municipal Code Art. 12 Enforcement

The procedures set forth in this Article shall provide for the enforcement of the State Subdivision Map Act and the provisions of this Division of the San Bernardino County Code in conjunction with those provisions specified by Division 1, Chapter 2, of this Title.

This section shall provide the prohibition and penalty provisions of this division.

(a) Prohibition on Transfers. No person shall sell, lease, or finance any parcel or portion of 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 Division and the Subdivision Map Act, until such map thereof in full compliance with the provisions of this Division has been filed for record by the County Recorder.

Conveyance of any part of a division of real property for which a Final or Parcel Map is required by this Division shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the County Recorder.

(b) Prohibition on Issuance of Permits. No officer, board, commission, agency, department or special district of the County shall issue any 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 Division if it finds or is informed by the Planning Officer that development of such real property is contrary to the public health and safety. Prior to making such a finding that the development of such real property is contrary to the public health and safety, the Planning Officer shall conduct a review.

At said review, the Officer shall consider all information and evidence submitted. The decision of the Planning Officer may be appealed therefrom, within thirty (30) days, to the Planning Commission by any person aggrieved, or by an officer, board, department or agency of the County. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of the real property at the time of such violation, or whether the applicant therefor, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of such violation, at the time of the acquisition of his interest in such real property. If any officer, board, commission, agency, department or special district of the County issues any permit or grants approval for the development of any such real property, it may request a report from the Planning Officer and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

For parcels created before March 4, 1972, notice of said review shall be given, by registered mail, to the owner of such real property as shown on the latest equalized assessment roll book. Said review shall be held not less than fourteen (14) days nor more than thirty (30) days after receipt by the owner of the notice of review.

(c) Statement of Limitations. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(d) Penalties. Penalties shall be as specified in Division 1, Chapter 2, of this Title.

The following remedies are available pursuant to the provisions of this subsection:

(a) Voiding of Sale by Grantee. 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 Division is voidable at the sole option of the grantee, buyer or person contracting to purchase, heirs, personal representative or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation of the provisions of this division; 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 any assignee, heir or devisee.

(b) Superior Court Action by Grantee. 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 this Division may, within one (1) 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 of the provisions of this Division, and against any successors in interest who have actual or constructive knowledge of such a division of property.

(c) Statement of Limitations. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a Certificate of Subdivision Compliance filed pursuant to Article 9, or identified in a recorded Final Subdivision Map, Parcel Map, or Official Map 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 provision of law.

This subsection does not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled. Any such local agency or other public agency, or such person, firm or corporation may file a suit regarding any real property attempted to be subdivided or sold, leased or financed in violation of this Division, or to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this Division, in the Superior Court of the County of San Bernardino.

(d) Request for Certificate of Subdivision Compliance. Any person owning real property may request a Certificate of Subdivision Compliance in accordance with the provisions of Article 9.

(e) Notice of Violation. Whenever the Planning Officer has knowledge that real property has been divided in violation of the provisions of this division, then within the guidelines set forth by County Counsel, the Planning Officer shall cause to be mailed by certified mail to the then current owner of record of the property a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place at which the owner may present evidence to the Planning Agency why such notice should not be recorded. The notice shall also contain a description of the violations and an explanation as to why the subject parcel is not lawful under Subdivision (a) or (b) of Section 66412.6 of the Government Code for the State of California. Evidence shall be presented by the owner to the Planning Agency no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If, after the owner has presented evidence, it is determined that there has been no violation, the Planning Officer shall cause to be filed for record with the County Recorder a release of the Notice of Intention to record a Notice of Violation. If, however, after the owner has presented evidence, the Planning Agency determines that the property has in fact been illegally divided, or if within fifteen (15) days of receipt of such copy the owner of such real property fails to inform the Planning Agency of his objection to recording the Notice of Violation, the Planning Agency shall cause to be filed for record with the County Recorder the Notice of Violation. The Notice of Intention to record a Notice of Violation and the Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.