Mendota Municipal Code Art. III Subdivision Prohibition and Penalties

A. No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except model homes, or to allow occupancy thereof, for which a final map is required by this title, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the recorder of Fresno County.

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 title, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the recorder of Fresno County.

C. Conveyances of any part of a division of real property for which a final or parcel map is required by this title 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 recorder of Fresno County.

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.

(Prior code § 14.15.001)

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 this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his 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 assignee, heir or devisee.

B. Any grantee or his 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, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he 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.

(Prior code § 14.15.002)

Nothing contained in this chapter shall bar any legal, equitable or summary remedy to which the city or other political subdivision, or any person 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 title.

(Prior code § 14.15.003)

The city shall refuse to grant building or other permits in relation to the property involved until such time as all of the requirements of this title have been complied with.

(Prior code § 14.15.004)