§ 17.52

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

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

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 with the county recorder.

D.

Nothing in this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where the sale, lease or financing or the commencement of construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map as required by law, nor shall this section modify or affect the provisions of Section 11018.2 of the California Business and Professions Code.

E.

For purposes of this section, the limitation period for commencing an action, either civil or criminal, against the subdivider or an owner of record at the time of a violation of this title or of the Subdivision Map Act, shall be tolled for any time period during which there is no constructive notice of the transaction constituting the violation, because the owner of record, at the time of the violation or at any time thereafter, failed to record a deed, lease or financing document with the county recorder. Penalties for violation of the Subdivision Map Act are described in Section 66499.31 of the Subdivision Map Act.

(Ord. 1143 N.S. § 57, 1993; Ord. 635 N.S. § A (part), 1983)

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 the State Subdivision Map Act, 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, 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 purchases, 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 or the State 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 he has suffered by reason of such 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. The provisions of this chapter shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 66499.35 of the Government Code of the state, or identified in a recorded final map or parcel map, from and after the date of recording.

C.

The provisions of this chapter shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.

D.

This chapter 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, and the city or other public agency, or such person, firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this title.

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 this title or the State Subdivision Map Act 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 such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor 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 his interest in such real property.

F.

The city, in issuing a permit or granting approval for the development of any such real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by this title or location ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this chapter, only such conditions stipulated shall be applicable.

(Ord. 635 N.S. § A (part), 1983)

17.52.030 - Certificate of compliance—Issuance.

A.

Any person owning real property within the city, or a vestee of that person pursuant to a contract of sale of the real property, may request the city engineer to determine whether such real property complies with the provisions of this title and the Subdivision Map Act.

B.

Upon making such determination, the city engineer shall cause a certificate of compliance to be filed for record with the recorder of Santa Clara County. Each certificate of compliance shall identify the real property and shall state that the division thereon complies with applicable provisions of the Subdivision Map Act.

C.

1.

If the city engineer determines that such real property does not comply with the provisions of this code or the Subdivision Map Act, he shall issue a certificate of compliance or a conditional certificate of compliance. The city engineer may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and which had been established at such time by ordinance. Except that where the applicant was the owner of record at the time of the initial violation of the provisions of this title or the Subdivision Map Act, who by a grant of the real property created a parcel or parcels in violation thereof, and the person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of this title or the Subdivision Map Act, the city engineer may impose any conditions which may have been applicable to a current division of the property. Upon making the determination and establishing the conditions, the city engineer, or authorized representative, shall cause a conditional

certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner or vestee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property. The fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

2.

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

D.

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

E.

For the purposes of administration of this title, any parcel that is shown on the county assessor's map prior to 1960 shall be considered as a conforming parcel.

(Ord. 1143 N.S. § 58, 1993: Ord. 635 N.S. § A (part), 1983)

Whenever the city engineer or an authorized representative has knowledge that real property has been divided in violation of the provisions of this title or the State Subdivision Map Act, they shall cause to be filed for record with the recorder of the county a tentative notice of violation (certificate of noncompliance) describing the real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present evidence. At least thirty days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the county recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Ord. 635 N.S. § A (part), 1983)