Lassen County Municipal Code Ch. 16.48 Enforcement of Title Provisions

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

(c) Conveyances of any part of a division of real property for which a final map 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) Nothing contained in subsections (a) and (b) of this section 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 or parcel map.

(Ord. 2022-12 § 4)

(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 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 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 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 16.48.030 or identified in a recorded final map or parcel map from and after the date of recording.

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.

(d) 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 Lassen County to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this chapter.

(e) The county shall not 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 Subdivision Map Act, if it 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. The county, in issuing a permit or granting approval for the development of any real property illegally subdivided, 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 the property has the same owner of record as at the time of the initial violation, the county may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated shall be applicable.

(Ord. 2022-12 § 4)

(a) Any person owning real property may request that the county determine whether the real property complies with the provisions of this title and the Subdivision Map Act.

(b) Application for a certificate of compliance shall be made to the director of planning and building services or designated representative on a form provided by that office and shall contain such information, as determined by the director of planning and building services or designated representative, necessary to evaluate the applicant's request, along with a fee as listed in Chapter 3.18 of the Lassen County Code. Upon examination of the application, the director of planning and building services or designated representative shall, within thirty days, either accept the application as complete for processing, or advise the applicant of any deficiencies in writing.

(c) Upon acceptance as complete, the application will be reviewed by the county surveyor to determine whether the subject property complies with the provisions of this title and the Subdivision Map Act.

(1) Upon making a positive determination, the county surveyor shall cause a certificate of compliance to be filed for recordation with the county recorder. The applicant(s) shall be responsible for the payment of applicable fees for recordation of all documents. The certificate of compliance shall identify the real property and shall state that the division of land which created the subject parcel complies with applicable provisions of the Lassen County Code and the Subdivision Map Act.

(2) If the county surveyor determines that the real property does not comply with the provisions of this title or the Subdivision Map Act, the county surveyor shall request review by the director of planning and building services or designated representative. Upon making a determination that the real property does not comply with the provisions of this title or the Subdivision Map Act, conditions shall be established as recommended by the county surveyor and other departments, in accordance with the provisions outlined in Section 66499.35(b) of the Subdivision Map Act, and the director of planning and building services or designated representative shall authorize a conditional certificate of compliance to be filed by the county surveyor for recordation with the county recorder. Any appeal of this decision shall be made in accordance with the procedures outlined in Section 16.08.290 of this title. The applicant(s) shall be responsible for the payment of applicable fees for recordation of all documents.

(3) A recorded conditional certificate of compliance 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.

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

(Ord. 2022-12 § 4)

(a) If the county surveyor or authorized representative has knowledge that real property may have been divided in violation of the provisions of this title or the Subdivision Map Act, the county surveyor shall cause to be mailed by certified mail, to the then current owner of record of the property, a notice of intention to record a notice of violation describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence to the director of planning and building services or designated representative. The notice shall specify a time, date and place for a meeting at which the owner may present evidence why the notice should not be recorded.

(b) The meeting shall take place no sooner than thirty days and no later than sixty days from the date of mailing. If, after the owner has presented evidence, it is determined that there has been no violation, the director of planning and building services or designated representative shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the director of planning and building services or designated representative determines that the property has in fact been illegally divided, the director of planning and building services or designated representative shall authorize the county surveyor to record a notice of violation with the county recorder. Any appeal of this decision shall be made in accordance with the procedures outlined in Section 16.08.290 of this title. The county recorder shall index the names of the fee owners in the general index.

(Ord. 2022-12 § 4)