Napa County Municipal Code Ch. 17.56 Violations and Penalties

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 Map Act or this title, until the final map thereof, in full compliance with the provisions of the Map Act and this title, has been filed for record by the county recorder if any portion of the subdivision is located in the 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 the Map Act or this title, until the parcel map thereof, in full compliance with the provisions of the Map Act and this title, has been filed for record by the recorder if any portion of the subdivision is located in the county.

C. Conveyances of any part of a subdivision of real property for which a final subdivision or parcel map is required by the Map Act or this title, shall not be made by parcel or block number, initial or other designation, unless and until the final or parcel map has been filed for record by the recorder, if any portion of the subdivision is located in the county.

D. Subsections A, B and C of this section do 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, including but not limited to this title.

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 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 the Map Act or this title.

F. Nothing in subsections A through E, inclusive, of this section shall in any way modify or affect Section 11018.2 of the Business and Professions Code.

G. 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 the Map Act or this title, 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.

(Ord. 887 § 37, 1988: Ord. 854 § 2 (part), 1987: prior code § 11699)

A. Whenever the director of planning has knowledge that real property has been divided in violation of the provisions of the Map Act or this title, the director 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, explaining why the illegally divided parcel still continues to be unlawful despite Sections (a) and (b) of Government Code Section 66412.6, and stating that an opportunity will be given to the owner to present evidence as to why the notice should not be recorded.

B. The notice shall specify a time, date and place of a hearing at which the owner may present evidence to the zoning administrator why the notice should not be recorded. The date of the hearing shall be no sooner than thirty days and no later than sixty days from the date of mailing. The notice shall state that the hearing will be automatically cancelled and the notice of violation shall be recorded with the recorder, without right of further appeal regarding such recording, unless within fifteen days of receipt of the notice the owner of the property objects in writing to the recording of the notice of violation. The notice shall further indicate that application for a Certificate or Conditional Certificate as provided in Chapter 17.52 of this title shall be deemed a waiver by the owner of its right to object to the recording of the notice of violation.

C. If, within fifteen days of receipt of the notice, the owner of the property fails to inform the advisory agency of his or her objection to recording the notice of violation, the advisory agency shall record the notice of violation with the recorder.

D. At the conclusion of the requested hearing, the advisory agency shall determine whether the alleged violation has been proved. This determination of the advisory agency shall be supported by written findings.

E. If, after the owner has presented evidence, it is determined that there has been no violation, the advisory agency shall mail a clearance letter to the then current owner of record.

F. If, after the owner has presented evidence, the advisory agency determines that the property has, in fact, been illegally divided, the advisory agency shall record the notice of violation with the recorder.

G. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The recorder shall index the names of the fee owners in the general index.

H. The actions of the advisory agency under this section are ministerial in nature and shall not be performed in such a manner as to be construed to be discretionary actions.

(Ord. 1186 § 6, 2001: Ord. 854 § 2 (part), 1987: prior code § 11698)

Each violation of this title by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars, or by both that fine and imprisonment. Every other violation of this title is a misdemeanor.

(Ord. 887 § 38, 1988: Ord. 854 § 2 (part), 1987: prior code § 11699.1)