Kern County Municipal Code Ch. 18.80 Enforcement and Penalties

The purpose of this chapter is to establish provisions for the enforcement of this title.

(Ord. G-6533 § 3 (part), 1998)

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, except for model homes, or allow occupancy, for which a final tract map is required by this title or the California Subdivision Map Act, until a map, in full compliance with the provisions of this title and the California Subdivision Map Act, has been filed with the county recorder for record.

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, except for model homes, or allow occupancy, for which a final parcel map is required by this title or the California Subdivision Map Act, until a map, in full compliance with the provisions of this title and the California Subdivision Map Act, has been filed for record by the recorder.

C. Conveyances of any part of a division of real property for which a final tract or parcel map is required shall not be made by parcel number, letter, or other designation, unless and until the map has been filed for record with 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 regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

E. Nothing contained in Section 18.80.020(A) or (B) shall prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease or financing, or the commencement of construction is expressly conditioned upon the approval and filing of a final map.

(Ord. G-6533 § 3 (part), 1998)

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 the provisions of this title or California Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heir, personal representative or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation. 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 any assignee, heir or devisee.

B. 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 title or the Subdivision Map Act may, within one (1) 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.

C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 18.80.040 or identified in a recorded final tract or parcel map, from and after the date of recording.

D. The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.

E. This section does not bar any legal, equitable or summary remedy to which the county or other public agency, or any person, firm or corporation may otherwise be entitled, and the county or other public agency, or any person, firm or corporation may file a suit in the Superior Court of Kern county to restrain or enjoin any attempted to proposed subdivision for sale, lease or financing in violation of this title.

F. The county shall not knowingly issue a 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 title or the California Subdivision Map Act or if the planning director finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.

(Ord. G-6533 § 3 (part), 1998)

A. Any person owning real property may request the planning director to determine whether the real property complies with the provisions of this title and the California Subdivision Map Act.

B. Upon making a determination, the planning 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 of land complies with applicable provisions of this title and the California Subdivision Map Act.

C. If the planning director determines that the real property does not comply with the provisions of this title or California Subdivision Map Act, the planning director may, as a condition to granting a certificate of compliance, impose such conditions as provided for by Section 66499.35 of the California Subdivision Map Act. Upon making a determination and establishing conditions, the planning director shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.

(Ord. G-6533 § 3 (part), 1998)

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

E. A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

(Ord. G-6533 § 3 (part), 1998)

A. If the planning director has knowledge that real property has been divided in violation of the provisions of this title or the California Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the owner of record. The notice shall describe the property in detail, name the owner, describe the violation, and state that the owner will be given opportunity to present evidence. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the board of supervisors why a notice of violation should not be recorded.

B. The meeting shall be held no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If the owner fails to notify the planning director objecting to the recording of the notice of violation, the planning director shall record it.

If, after the owner presents evidence, the planning director determines that the property has in fact been illegally divided, he/she shall record the notice of violation.

C. The notice of violation, when recorded, shall be constructive notice of the violation to all successors in interest in the property.

(Ord. G-6533 § 3 (part), 1998)