Chapter 16.25 — ENFORCEMENT AND PENALTIES

The purpose of this chapter is the enforcement of the provisions of this title and any entitlements granted pursuant thereto, in order to provide for their effective administration, to ensure compliance with any conditions of approval for a map, to promote the city's planning efforts, and to protect the public health, safety and welfare.

(Ord. 936 § 1, 1992)

• A. It shall be the duty of the community development director of the city to enforce the provisions of this title.

• B. All department officials and public employees of the city vested with the duty or authority to issue approvals shall conform to the provisions of this title and shall issue no approvals in conflict with the provisions of this title. Any such approval issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void.

• (Ord. 936 § 1, 1992)

• 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 the Subdivision Map Act or this chapter, until such a map, in full compliance with the provisions of the Subdivision Map Act and this chapter, 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 the Subdivision Map Act or this chapter, until such a map, in full compliance with the provisions of the Subdivision Map Act and this chapter has been filed for record by the county recorder.

• C. Conveyances of any part of a division of real property for which a final parcel map is required by the Subdivision Map Act or this chapter shall not be made by parcel or block number, letter 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 this chapter, 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

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City of Manteca, CA

SUBDIVISIONS

§ 16.25.030

§ 16.25.040

where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Subdivision Map Act or this chapter. (Ord. 936 § 1, 1992)

• A. Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this chapter, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heirs, personal representative or trustee in insolvency or bankruptcy thereof within one year after the date of discovery of such 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 his or her assignee, heir or devisee.

• B. Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter 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 such division of property. The action may be brought against the person who so divided the property 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 in accordance with Sections 66499.35 and 66499.52 of the Subdivision Map Act 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 city or other public agency, or any person, firm or corporation may otherwise be entitled, or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act or this chapter.

• E. The city 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 the Subdivision Map Act or this chapter 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 approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

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

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City of Manteca, CA § 16.25.040

MANTECA CODE

§ 16.25.060

acquired the property. If the property has the same owner of record as at the time of the initial violation, the city 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 in that certificate shall be applicable.

(Ord. 936 § 1, 1992)

If the department has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this chapter, a notice of intention to record a notice of violation shall be mailed by the department by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Sections 66412.6(a) and (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the subdivision committee why a notice of violation should not be recorded.

The meeting shall be held no sooner than thirty days and no later than sixty days from the date of mailing the notice of intention to record a notice of violation. If, within fifteen days of receipt of the notice, the owner recording the notice of violation, the department shall file the notice of violation for record with the county recorder. If, after the owner has presented evidence, the subdivision committee determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the subdivision committee determines that the property has in fact been illegally divided, the department shall record the notice of violation for record with the county recorder.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. 936 § 1, 1992)

In addition to the remedies and procedures provided in this chapter, any person violating any of the provisions or failing to comply with any of the regulatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by imprisonment in the County Jail not exceeding six months or by fine not exceeding one thousand dollars or by both.

Except as otherwise provided in this chapter, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly. (Ord. 936 § 1, 1992)

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City of Manteca, CA

SUBDIVISIONS

§ 16.27.010

§ 16.27.030

Part V Definitions