§ 16.52

A.

Prohibition.

1.

No person shall sell, lease or finance a parcel of real property or begin construction of a building for sale, lease or financing thereon (except for approved model homes) or allow occupancy thereof, for which a subdivision map is required by the Subdivision Map Act or this title, until the map complies with the Subdivision Map Act and this title and is filed for recordation with the county recorder.

2.

Permits for model homes can be issued prior to recordation of final map only if:

a.

Securities acceptable to the city and an executed undertaking agreement are on file with the city; and

b.

A grading plan is approved, bonded and the rough grading certification of the model lots are stamped and signed by the engineer of record is submitted to and approved by the building official.

3.

The final map need not be recorded in order for the subdivider to install subdivision improvements subject to approved plans, securities and permits.

4.

The final map shall be recorded prior to issuance of building permits for production housing. It shall be the responsibility of the developer's engineer to provide mylar copies of recorded final maps to the city. Such maps shall be on file prior to issuance of building permits for production houses. At the discretion of the city, permits may be issued prior to filing the mylar copies, but construction under such approval is

provisional and is contingent on the city receiving such mylar copies, and shall be stopped prior to framing inspection until such mylar copies are on file. The fees in effect at the time of permit issuance shall apply.

5.

However, 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 subdivision map.

6.

The conveyance of part of a division of real property for which a final subdivision map is required shall not be made by parcel or block number, letter or other designation unless and until such a map is filed for recordation with the county recorder.

7.

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 the ordinance codified in this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

B.

Remedies.

1.

Conveyance Voidable. A deed of conveyance, sale or contract to sell real property which has been divided or which results from a division in violation of the Subdivision Map Act or this title, is voidable at the sole option of the grantee, buyer or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy of such grantee, buyer or person contracting to purchase, within one year after the date of discovery of the violation. However, the deed of conveyance, sale or contract to sell is binding upon a 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. (Section 66499.32)

2.

Other Legal Action. This title does not bar any legal, equitable or summary remedy to which the city or other public agency, or any other person, firm or corporation may otherwise be entitled. The city or other public agency or person, firm or corporation may file a suit in the superior court to restrain or enjoin an attempted or proposed subdivision for sale, lease or financing in violation of the Subdivision Map Act or this title. (Section 66499.33)

3.

Denial of Permits and Approvals. The city shall not issue a permit or grant any approval necessary to develop real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this title if it finds that development of the property is contrary to the public health or the public safety. The authority to deny, withhold or approve such a permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property. (Section 66499.34)

4.

Permit or Approval Subject to Conditions. If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If a conditional certificate of compliance has been filed for record in accordance with the provision of Section 16.52.030, only the conditions stipulated in that certificate are applicable. (Section 66499.34)

(Ord. 661 § 1 (1300.000— 1300.020), 1994)

A.

Whenever the city engineer has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act and this title, and prior to recording a notice of violation, the city engineer shall send by certified mail a notice of intention to record a notice of violation to the current owner of record.

B.

The notice of intention to record notice of violation shall:

1.

Describe the property in question;

2.

Name the owners;

3.

Contain a description of violations and an explanation why the parcel is not lawful;

4.

Advise the owner to inform the city engineer of objection to the notice of intention to record notice of violation within fifteen (15) days of receipt of notice;

5.

Advise the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for violation.

C.

The hearing shall take place no sooner than thirty (30) days from the date of the mailing notice.

D.

If within fifteen (15) days of receipt of the notice the owner fails to inform the city engineer of the objection to recording the notice of violation, the city engineer shall record a notice of violation.

E.

If the owner presents evidence at the hearing and the city engineer determines that there has been no violation, the city engineer shall mail a clean letter to the owner, and if necessary to the county recorder.

F.

If the city engineer determines the property has been illegally divided, the city engineer shall record a notice of violation with the county recorder.

(Ord. 661 § 1 (1300.100), 1994)

16.52.030 - Certificate of compliance.

A.

General Provisions.

1.

A person owning real property or a vendee of such person under a contract of sale may request the city engineer to determine whether the real property complies with the provisions of the Subdivision Map Act and this title. (Section 66499.35)

2.

If the city engineer determines that the real property complies with the provisions of the Subdivision Map Act and this title, the city engineer shall grant a certificate of compliance to be recorded with the county recorder.

3.

If the city engineer determines that the real property was not created in compliance with the Subdivision Map Act and this title, the city engineer may grant a conditional certificate of compliance, and impose the following conditions:

a.

If the person who seeks the certificate of compliance is the one who initially violated the law and that person is the current owner, the city may impose those conditions that would be applicable to a current division of property.

b.

If the person who seeks the certificate of compliance is not the violator, the city may impose only those conditions that would have been applicable to the division at the time the applicant acquired the property and which would have been established at such time by the Subdivision Map Act and this title.

B.

Procedures.

Applications for the issuance of a certificate of compliance shall be made on a standardized form provided by the city engineer. The form for the certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property. The applicant shall also submit completed applications and any additional information needed to determine compliance to the city engineer.

2.

The city engineer shall file a certificate of compliance with the county recorder for recordation.

3.

The certificate of compliance shall serve as a notice to the property owner or vendee, or subsequent transferee that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of permit or other grant of approval for development of the property.

4.

Compliance with these conditions shall not be required until such time as a permit or other grant of approval for development of the property is issued.

• (Ord. 661 § 1 (1300.200—1300.220), 1994)