East Palo Alto Municipal Code Ch. 18.70 Enforcement

This chapter establishes provisions intended to ensure compliance with the requirements of this Article and the Development Code and any conditions of subdivision map approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

Enforcement of the Subdivision Ordinance shall be as specified in the Act, in this chapter and in Chapter 18.118.

A. Misdemeanor or Infraction. Any person, firm, or corporation violating any of the provisions of this Article or the Act shall be prosecuted for either a misdemeanor or an infraction and upon conviction shall be punishable as provided in Development Code Chapter 18.118 and Municipal Code Chapter 1.12.

B. Separate Offense. Each person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Article is permitted, continued, or committed by the person, firm, or corporation and any alley, parcel, street, or other feature made the subject of this Article maintained contrary to the provisions of this Article shall constitute a public nuisance.

C. Transaction voidable. Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien, or lease made contrary to the provisions of this Article is voidable at the sole option of the beneficiary, buyer, grantee, mortgagee, tenant, or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, their heirs, personal representative, or trustee in insolvency or bankruptcy within 12 months after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease, or sale, or contract, but the deed of conveyance, sale, mortgage, deed of trust, lien, lease, or contract, is binding upon any assignee, or transferee of the grantee, beneficiary, buyer, mortgagee, tenant, or person contracting for the parcel, other than those specified above, and upon the grantor, landlord, mortgagor, trust, vendor, or person so contracting, their assignee, devisee, or heir.

D. Falsifications. Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained in compliance with this Article.

Remedies. The provisions of this chapter are not intended to prohibit any legal, equitable, or summary remedy to which the City or other political subdivision, or any person may otherwise be entitled, and the City or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of this Article or the Act.