National City Municipal Code Ch. 17.12 Enforcement

It is unlawful for any person, principal, agent or otherwise to sell, lease, finance, or transfer title to any portion of any subdivision or parcel of land in the city, for which a final parcel map or a final subdivision map is required pursuant to the Subdivision Map Act or this title, unless a final parcel map, final subdivision map, or certificate of compliance in full compliance with the Subdivision Map Act and this title has been filed with the county recorder's office.

(Ord. 1964 § 1 (part), 1988)

Whenever the director of planning has knowledge that real property has been divided, or has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title enacted pursuant thereto applicable at the time such violation occurred, he shall mail, by certified mail, a notice of intention to record a notice of violation. Said notice of intention shall describe the property in detail, name the owners of said property, give a full explanation of the violation, and clearly state that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a meeting at which time the owner may present evidence to the planning commission why the notice should not be recorded. The notice shall also contain a description of the violations and an explanation as to why the subject parcel is not lawful under Section 66412.6(a) or (b) of the Subdivision Map Act. The meeting shall take place no sooner than thirty days nor later than sixty days from the date of mailing. If after the owner has presented evidence, it is determined by the planning commission that there has been no violation, the director of planning shall mail a clearance letter to the current owner of record. If, however, after the owner has presented evidence, the determination is made that there has been a violation, or if within fifteen days of receipt of the notice, the owner of the real property fails to inform the director of planning of the owner's objection to recording of the notice of violation, the director of planning shall record a notice of violation 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 real property.

(Ord. 1964 § 1 (part), 1988)

No agency or city department shall issue any 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 the provisions of this title enacted pursuant thereto applicable at the time of such division unless a certificate of compliance is issued pursuant to the provisions of Section 17.12.040. The authority to deny such a permit or such approval shall apply whether the applicant was the owner of record of the property at the time of the violation, or whether the applicant is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the property with or without actual or constructive knowledge of the violation at the time of acquisition of interest in the property.

(Ord. 1964 § 1 (part), 1988)

A. Any person owning real property may request the issuance of a certificate of compliance stating that such real property (or any division thereof) complies with the provisions of the Subdivision Map Act and this title. Such request shall be filed with the director of planning and accompanied by a fee, as adopted by resolution of the city council, and such information as may be prescribed by the director of planning and planning commission.

B. The planning commission shall make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and this title or that such real property does not comply with said provisions. The director of planning shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance.

C. If the subject real property is found to be in compliance with the Subdivision Map Act and this title enacted pursuant thereto, the director of planning shall cause a certificate of compliance relative to such property to be filed for record with the county recorder. However, if the subject real property is found not to be in compliance with said provisions, such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property may be imposed by the planning commission as a condition to granting a certificate of compliance. Upon the determination by the planning commission of conditions necessary to fulfill compliance, the director of planning shall then cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice that the implementation of such conditions shall be required prior to subsequent issuance of any permits or other grants of approval for development of the property.

(Ord. 1964 § 1 (part), 1988)