Chula Vista Municipal Code Ch. 18.48 Violations and Remedies

Sections:

• 18.48.010 Purpose and intent of provisions.

• 18.48.020 Legally created parcels – Required for granting of certain permits – Criteria for determination.

• 18.48.030 Notice of violation – Required when – Contents – Effect.

• 18.48.040 Certificate of compliance – Request for determination authorized.

• 18.48.050 Certificate of compliance – Application procedure – Documents to be submitted – Fee.

• 18.48.060 Voidability of deeds or contracts violating provisions.

• 18.48.070 Failure to comply and illegal division of land deemed misdemeanor – Penalty.

• 18.48.080 Noncomplying lots – Filing map subsequent to division permitted when.

• 18.48.090 Property outside corporate limits – Compliance required when.

• 18.48.100 Unlawful subdivisions – Statutory authority for restraint or enjoinment.

In accordance with the provisions of the Map Act, it is the purpose and intent of the City Council to establish procedures for placing purchasers of illegally split lots on notice that such lot split occurred in violation of the Map Act and the requirements of this title, and to provide for a means of certifying that the real property does comply with the provisions of the Map Act and this title. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.601).

No building permit, grading permit nor any other permit may be issued, nor any approval granted necessary to develop any property, unless and until said property has been determined to have been legally created, or if the City Engineer finds that development of such real property is contrary to the public health or the public safety; provided further, such permits may be denied if the applicant was the owner of the real property at the same time of the violation or currently owns the property with the knowledge of the violation as provided through a notice of violation pursuant to the procedures set forth herein.

For a parcel to be considered a legally created parcel, its specific boundaries must have been established or set forth by one of the following means:

• A. A recorded subdivision map or parcel map;

• B. A deed describing the parcel by a metes-and-bounds description recorded prior to March 4, 1972, pursuant to the Map Act Section 66412.6;

• C. A record of survey recorded prior to August 7, 1955;

• D. A licensed survey or a miscellaneous map recorded prior to August 4, 1943;

• E. Any of the above means combined with a City-approved and recorded boundary adjustment plat. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.602(A)).

If the Director of Development Services becomes aware of any parcel which has not resulted from a legal division or consolidation of property in compliance with the Map Act and applicable City codes, he will send to the property owner, or owners, of said property written notice notifying them of the violation. This written notification will advise the property owner(s) that:

• A. The Director of Development Services has determined that subject property together with other contiguous property has been divided or has resulted from a division in violation of the Map Act and applicable City codes;

B. No building permit, grading permit nor any other permit may be issued, nor any approval granted necessary to develop said property, unless and until a parcel map (subdivision map) is filed, approved and recorded in full compliance with the Map Act and provisions of the Chula Vista Municipal Code adopted pursuant thereto. It is the responsibility of the person or persons (the seller) who divided this property in violation of the Map Act and this code to submit the required parcel map (subdivision map);

C. The Director of Development Services will cause a notice of violation to be recorded in the office of the county recorder within 15 days of notification to property owner(s) which will describe the violation and the property and name the owner(s) thereof. This notice when recorded will be constructive notice of the violation to all successors in interest of said property;

D. Section 66499.32 of the Map Act contains provisions for certain persons to rescind the sale of legally created parcels and/or to bring an action to recover any damage suffered by reason of such division. Said section also provides that any such action or rescission must be initiated within one year of the date of the discovery of such violation;

E. If subject property was purchased through a licensed real estate salesman or broker within the past three years and it is felt that the property was misrepresented, the Department of Real Estate desires that they be notified. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.602(B)).

In accordance with Section 66499.35 of the Business and Professions Code, any person owning real property may request, and the City shall determine, whether said property complies with the provisions of the Map Act and of this title, and thus constitutes a legal and buildable lot. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.603).

• A. Application.

  1. Application for a certificate of compliance shall be made with the Development Services Department in accordance with the following specifications:

     • a. The plat shall be drawn on a form prescribed by the Director of Development Services. Such forms are available in the Development Services Department upon request;

     • b. The plat shall be drawn to a minimum scale of one inch equals 100 feet.

  2. Each plat shall contain the following information:

     • a. A plat number, as issued by the Development Services Department;

     • b. North arrow and scale;

     • c. Name, address, telephone number and notarized signature of owner(s);

d. The plat should be prepared by an engineer or surveyor, with his or her name, address, telephone number, and registration or license number;

• e. A vicinity map with north arrow and scale indicated;

• f. A legal description of the land to define the boundaries of the ownership involved and the tax assessor’s parcel number(s);

g. The boundaries, to be shown as a solid line, with bearings (directions) and distances labeled along boundaries;

• h. The net share of subject parcel;

i. The location, width and names, if any, of all existing streets providing access to the property and the location, width and purpose of all easements which lie within or immediately adjacent to the exterior boundaries of the parcel;

• j. Full identification of all referenced maps, by map type and number;

k. The location of all existing buildings and structures and their uses, the distance between such buildings and structures, and the distance between each building or structure and the boundary of the lot;

• l. A statement of the existing zoning and any proposed zoning;

• m. A notice stating the following:

This certificate relates on to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant hereto. Development of the parcel may require issuance of a permit or permits, or other grants of approval.

• B. The request for certification shall also include:

  1. A legible copy of the current owner’s grant deed;

  2. Documentation of recorded access to the subject property unless abutting a public street;

  3. The required filing fee(s). (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code § 28.604).

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 solvency 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. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.107).

Those parcels of land which are subdivided contrary to the provisions of this title shall not constitute legal building sites and no permit shall be issued for the installation of fixtures or equipment or for the erection, construction, conversion, establishment, alteration or enlargement of any building, structure or improvement thereon unless and until a map as required by Chapter 18.04 CVMC shall have been filed, approved in accordance with the requirements of this title, and recorded, and any person who subdivides or causes to be subdivided land without complying in all respects with the provisions of this title shall be subject to prosecution for a misdemeanor as defined hereinafter. Any offer to sell, contract to sell, sale or deed of conveyance made contrary to the provisions of this title is a misdemeanor, and any person, firm or corporation, upon conviction thereof, shall be punishable by a fine of not more than $10,000, or imprisonment in the county jail for a period of not more than one year, or by both such fine and imprisonment. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.108).

The purchaser, or his successor in interest, of a lot which is the result of a division of land that did not comply with the provisions of this title may file a final or parcel map as required in this code, which shall comply in all respects with the provisions of this title. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.109(1)).

All plats of property situated outside the corporate limits which require action by the Commission and the City Engineer prior to annexation shall comply with the foregoing regulations insofar as applicable, subject to the limitations of Section 66413 of the Map Act of the state of California. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.109(2)).

The City or any person, firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title pursuant to the authority of Section 66499.33 of the Map Act of the state. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.110).