Fresno Municipal Code Art. 44 Enforcement and Judicial Review

A. Purpose. This article establishes procedures that the City will use to enforce the requirements of the Subdivision Ordinance, including compliance with any conditions of approval imposed to protect public health, safety, and welfare and promote development in accordance with the General Plan.

B. Prohibitions. Pursuant to the Map Act (Section 66499.30):

1. No Sale or Lease until Final or Parcel Map is in Full Compliance. No person shall sell, lease, or finance any parcel of real property or begin construction of any building for sale, lease, or financing, except for model homes, or allow occupancy of any parcel or parcels for which a Final or Parcel Map is required by the Map Act or this Ordinance, until a map that is in full compliance with the provisions of this Subdivision Ordinance and the Subdivision Map Act has been filed with the Fresno County Recorder.

2. No Conveyance by Parcel Number until Final Map is Filed. The conveyance of any part of a division of real property for which a Final or Parcel Map is required shall not be made by parcel or block number, letter, or other designation until the map has been filed for record with the County Recorder.

3. Exceptions.

a. This section does not apply to a parcel 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 this article, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

b. This section does not prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing or the beginning of construction, is expressly conditioned upon the approval and filing of a Final Map or Parcel Map.

c. This section shall not, in any way, modify or affect the provisions of Section 11018.2 of the Business and Professions Code.

C. Voidability of Illegal Conveyance. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this article is voidable at the sole option of the grantee, buyer, or person contracting to purchase, their 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 their assignee, heir, or advisee.

D. Other Legal Action. Any grantee, or successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this Subdivision Ordinance or the 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 suffered by reason of the 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.

E. Effect on City Permits and Approvals. No commission, officer, or employee of the City shall issue any permit or certificate, or grant any approval necessary to develop any real property within the city, if it is known or suspected that the property was divided, or resulted from a division in violation of the Map Act (Section 66499.30).

F. Certificate of Compliance.

1. Any person owning real property or an authorized representative of such person who is under contract of sale may request, and the Director shall determine, whether such real property complies with the provisions of the Map Act and of this Subdivision Ordinance. Upon making such a determination the Director 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 thereof complies with applicable provisions of the Map Act and of this Subdivision Ordinance. The Director may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.

2. If the Director determines that such real property does not comply with the provisions of the Map Act or of this Subdivision Ordinance, he or she 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 current owner of record acquired the property, and which had been established at such time by the Map Act or this Subdivision Ordinance. Such conditions may include, but are not limited to, requiring approval of a parcel or tentative map prior to development of the property. Upon making such a determination and establishing such conditions the Director shall cause a Conditional Certificate of Compliance to be filed for record with the County Recorder.

a. 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.

b. 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.

c. Compliance with the requirements of a certificate of compliance shall not constitute a determination of compliance with all applicable approved plans or zoning requirements.

G. Remedies. 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 Subdivision Ordinance or the Map Act shall be subject to the remedies provided in the Map Act (Sections 66499.32 through 66499.34).

H. Notice of Violation. Whenever the Director and/or City Engineer has received information from any source that real property has been divided in violation of the Map Act or this Subdivision Ordinance, the City shall take the actions described in the Map Act (Section 66499.36).

(Added Ord. 2015-39, § 1, eff. 1-9-16).