§ 16.44

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 section until such map thereof in full compliance with the provisions of this section and has been filed for record by the Fresno 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 section, until such map thereof is in full compliance with the provisions of this section 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 section 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 section.

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 section 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 Fresno County to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of this section enacted pursuant thereto.

(Ord. 94-05 § 1 (part), 1994)

Each violation of this code by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. Every other violation of this code is a misdemeanor.

(Ord. 94-05 § 1 (part), 1994)

It shall be the responsibility of the city clerk to notify the city attorney of any violation of this ordinance and to sign any necessary complaints.

(Ord. 94-05 § 1 (part), 1994)

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 Titles 1 through 15 is voidable at the sole option of the grantee, buyer or person contracting to purchase, his/her heirs, personal representative, or trustee in insolvency or bankruptcy within one 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/her assignee, heir or advisee.

B.

Any grantee, or his/her successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of Titles 1 through 15, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he/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. 94-05 § 1 (part), 1994)

Nothing herein contained shall bar any legal, equitable, or summary remedy to which the city of Kingsburg 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 code.

(Ord. 94-05 § 1 (part), 1994)

Compliance with the provisions of this title is a condition precedent to the issuance of a Building Permit and any Building Permit which is issued before compliance with the provisions of this title shall be null and void.

(Ord. 94-05 § 1 (part), 1994)