Chapter 16.52 — VIOLATION—PENALTY

It is unlawful for any person as principal, agent or otherwise to divide by lease, sale or financing into two or more parcels of land, or to lease or sell, convey, quitclaim or transfer by contract, deed or otherwise any land or any part thereof, whether improved or unimproved, in the city, unless and until all of the requirements provided in relation thereto shall have been complied with; provided that this title does not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park, nor does this article apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park, nor does this title apply to mine, oil or gas leases or the other exclusions contained in the Subdivision Map Act.

(Prior code § 11-2-1401)

A.

Any deed of conveyance, sale or contract to sell made contrary to the provisions of the Map Act or 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 bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell; but 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 advisee.

B.

Nothing in this title shall render void or voidable any trust deed, or mortgage or other encumbrance in the hands of a bona fide holder for value.

(Prior code § 11-2-1402)

Nothing herein contained shall bar any legal, equitable, or summary remedy to which the city or other political subdivision, or any person may 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 § 11-2-1403)

The city shall refuse to grant building and 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 § 11-2-1404)

Any offer to sell, contract to sell, sale, or deed of conveyance made contrary to the provisions of this title is a misdemeanor, and any person, firm or corporation, upon conviction thereof, shall be punishable by a fine of not less than twenty-five dollars and not more than five hundred dollars, or imprisonment in the city jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior code § 11-2-1405)