Huron Municipal Code Ch. 16.56 Violations Penalties

A. No person shall sell, lease or finance any parcel or 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 is required by this division until such map thereof in full compliance with the provisions of this division and has been filed for record by the county recorder.

B. No person shall sell, lease or finance any parcel or 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 parcel map is required by this division, until such map thereof is in full compliance with the provisions of this division has been filed for record by the county recorder.

C. Conveyances 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.

D. This section does not apply to any parcel or parcels 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 a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

E. Nothing contained in subsections A and B of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required under this division.

F. Nothing in this section shall in any way modify or affect the provisions of Section 11018.2 of the Business and Professions Code.

G. This division does not bar any legal equitable or summary remedy to which the City or other public agency, or any person, firm or corporation may otherwise be entitled, and the City or other public agency, or such person, firm or corporation may file a suit in the superior court of the county in which any real property attempted to be subdivided or sold, leased or financed in violation of this division enacted pursuant thereto is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of this division enacted pursuant thereto.

(Ord. 194 § 1401, 1983)

A. 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 this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her 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 said sections, 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 his or her assignee, heir or devisee.

B. Any grantee, or his or her successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title, 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 or she has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of said sections and against any successors in interest who have actual or constructive knowledge of such division of property.

C. Nothing in this section shall render void or voidable any trust deed, mortgage or other encumbrance in the hands of a bona fide holder for value.

(Ord. 194 § 1402, 1983)

Nothing herein contained shall bar any legal, equitable or summary remedy to which the City of Huron or other political subdivision, or any person may otherwise be entitled. The City or other political subdivision or person may file suit in any court of competent jurisdiction, to restrain or enjoin any attempted or proposed subdivision or sale in violation of the Subdivision Map Act or this title.

(Ord. 194 § 1403, 1983)

The City shall refuse to grant building or other permits in relation to the property involved until such time as all of the requirements of this title have been complied with.

(Ord. 194 § 1404, 1983)

A. The City shall not 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 or of the provisions of this title enacted pursuant to this division if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of record at the time of such violation or whether the applicant therefore is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the knowledge of the violation at the time of the acquisition of his or her interest in such real property.

If the City issues a permit or grants approval for the development of any such real property, it shall impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at such time by this division enacted pursuant thereto, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this division enacted pursuant thereto who, by a grant of the real property created a parcel or parcels in violation of this division enacted pursuant thereto, and such person is the current owner of record of one (1) or more of the parcels which were created as a result of the grant in violation of the division enacted pursuant thereto, then the City shall impose such conditions as would be applicable to a current division of the property, and except that if a conditional certificate of compliance has been filed for record under the provisions of subdivision (b) of Section 66499.35 of the Subdivision Map Act only such conditions stipulated in that certificate shall be applicable.

B. Certificate of Compliance.

1. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the City shall determine, whether such real property complies with the provisions of this division enacted pursuant thereto. Upon making such a determination the City 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 this division enacted pursuant thereto. The City shall impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.

2. If the City determines that such real property does not comply with provisions of this division enacted pursuant thereto, it shall issue a certificate of compliance or a conditional certificate of compliance. The City shall, 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 applicant acquired his or her interest therein, and which had been established at such time by this division enacted pursuant thereto, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this division enacted pursuant thereto who by a grant of the real property created a parcel or parcels in violation of this division enacted pursuant thereto, and such person is the current owner of record of one (1) or more of the parcels which were created as a result of the grant in violation of the division enacted pursuant thereto, then the City shall impose such conditions as would be applicable to a current division of the property. Upon making such a determination and establishing such conditions the City shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate of compliance to be filed for record with the county recorder shall serve as notice to the property owner or vendee 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.

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.

3. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 66499.34 of the Subdivision Map Act.

4. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Ord. 194 § 1405, 1983)

Any offer to sell, contract to sell, or deed of conveyance made contrary to the provisions of this title is a misdemeanor, and any person, firms or corporations, upon conviction thereof, shall be punishable by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00) or imprisonment in the City jail for a period of not more than six (6) months, or by both such fine and imprisonment.

(Ord. 194 § 1406, 1983)