Guadalupe Municipal Code Ch. 17.12 Administration and Enforcement

A. Compliance with this title is a condition precedent to the issuance of a building permit or zoning permit by any person authorized to issue such permit in the City.

B. Building permits and zoning permits issued without prior compliance with this chapter are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the building inspector to notify the person to whom such permit was issued of the requirements of this title, and to demand all building and construction work to cease immediately until this title has been complied with.

(Ord. 142 Art. 6 §1, 1974)

No owner, subdivider or agent shall offer to sell or lease, to contact to sell or lease, or to sell or lease any division of an original parcel, or any subdivision or part thereof, until a final parcel map or subdivision map thereof in full compliance with the provisions of this title has been duly recorded in the Office of the Recorder of the County.

(Ord. 142 Art. 1 §4, 1974)

If a person wishes to revert an existing subdivision to acreage, eliminate one or more property lines, or relocate one or more property lines, the procedures shall be the same as required for a parcel map or subdivision map, whichever may apply to the particular case. This section shall not apply to the recordation of a record of survey map or survey of previously existing property lines.

(Ord. 142 Art. 1 §5, 1974)

Pursuant to Government Code Section 66499.20.3, a property owner owning contiguous parcels is authorized to merge those contiguous legal parcels without requiring the property to be reverted to acreage. Such merger shall be accomplished in accordance with the following procedures:

A. The property owner shall file an application for merger with the City, submit evidence of title to all parcels to be affected, submit a proposed certificate of merger, and pay the processing fee established by resolution of the City Council.

B. The City Engineer, or an authorized designee, shall consider and approve the application if it is found that the merger does not negatively affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments; and that the parcel created by the merger will conform to the requirements of this code and applicable State law.

C. The merger shall be evidenced by recording a certificate of merger which lists the parcel numbers affected and is signed by the City Engineer. The certificate of merger shall be recorded concurrently with any deed of easement regarding the relocation or elimination of applicable easements. The certificate of merger shall be recorded against each parcel that is merged.

(Ord. 2016-444 §1)

Any conveyance or contract to convey made contrary to the provisions of this title is voidable to the extent and in the same manner provided in Section 11540 of the Business and Professions Code of the State.

(Ord. 142 Art. 6 §2, 1974)

A. Any division or attempted division of land for any purpose, including gift, without prior compliance with the requirements of this title is unlawful.

B. Any offer to sell, contract to sell, sale or deed of conveyance made contrary to the provisions of this title is unlawful.

C. Any person guilty of violating any of the provisions of this title, or performing any act declared by this title to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.

(Ord. 142 Art. 6 §3, 1974; Ord. 86-271 §23)