Monterey Municipal Code Art. 10 Enforcement -- Severability

a. Compliance.No building, electrical, plumbing, sewer or other permit shall be issued for the construction, reconstruction, alteration, or modification of any building or structure situated on any lot which was subdivided or conveyed contrary to the provisions of this Chapter or of the Subdivision Map Act, and any such permit issued prior to any subdivision or conveyance shall be automatically revoked thereby.

b. Voidability.The deed of conveyance, sale or contract to sell made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer or person contractive to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell; however, the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee 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.

c. Penalty.Any offer to finance, lease, sell or contract all, or any financing of a division of land, lease or sale contrary to the provisions of this Chapter shall be an infraction, and any person, firm, corporation, partnership or co-partnership, upon conviction thereof shall be punishable by a fine, as provided by the Government Code. Except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Monterey or other political subdivision or agency may otherwise be entitled; and the City of Monterey or any other political subdivision or agency may file an action in the Superior Court of the State of California, in and for the County of Monterey, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Chapter. (Ord. 3709 § 13, 2025. Formerly 33-90)

If any section, subsection, clause, sentence or phrase hereof is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Council of the City of Monterey hereby declares that it would have passed this Chapter and each section, subsection, clause, sentence and phrase hereof irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared invalid. (Ord. 3709 § 13, 2025. Formerly 33-91)