Chapter 16.15 — ENFORCEMENT OF PROVISIONS

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 except for model home, or allow occupancy for which a final map is required by this title or the Subdivision Map Act, until a map, in full compliance with the provisions of this title and the Subdivision Map Act, has been filed with the county recorder. (G.C. 66499.30)

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 finance, except for model homes, or all occupancy for which a parcel map is required by this title or the Subdivision Map Act, until a map, in full compliance with the provisions of this title and the Subdivision Map Act, has been filed with the county recorder.

C.

Conveyances of any part of a division of real property for which a final or parcel map is required shall not be made by parcel number, letter, or other designation, unless and until the map has been filed with the county

recorder, except conveyances to public utilities.

D.

This section does 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.

E.

Nothing contained in subsections (A) and (B) of this section shall prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing, or the commencement of construction is expressly conditioned upon the approval and filing of a final or parcel map. (Ord. 203 §2(part), 1990)

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 Subdivision Map Act, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, any heir, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. The deed of conveyance, sale or contract to sell is binding upon any successor in interest 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 any assignee, heir, or devisee. (G.C. 66499.32)

B.

Any grantee, or 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 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 suffered by reason of the 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.

C.

The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 16.15.030 or identified in a recorded final or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.

D.

This section does not bar any legal, equitable, or summary remedy to which the town or other public agency, or any person, firm, or corporation may otherwise be entitled, and the town or other public agency, or any person, firm or corporation may file a suit in the Superior Court of Butte County to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this title. (G.C. 66499.33)

E.

The town 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 Subdivision Map Act if it finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property. The town, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the town may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated shall be applicable. (G.C. 66499.34 and 66499.35) (Ord. 203 §2(part), 1990)

A.

Any person owning real property or a vendee of the current owner of record pursuant to a contract of sale may request the town engineer to determine whether the real property complies with the provisions of this title and the Subdivision Map Act.

B.

Upon making a determination, the town engineer shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of this code and the Subdivision Map Act.

C.

If the town engineer determines that the real property does not comply with the provisions of this code or the Subdivision Map Act, the town engineer may, as a condition to granting a certificate of compliance, impose conditions that could have been imposed at the time the applicant acquired his/her interest in the property, except that where the applicant was the owner of record at the time of the initial violation, then conditions may be imposed that are applicable to a current division of the property. Upon making a determination and establishing conditions, the town engineer or authorized representative shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued. (G.C. 66499.35(b))

D.

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

E.

A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

F.

Any sale, lease, or financing of designated remainder lots created pursuant to Government Code Section 66424.6 shall require the application and approval of a certificate of compliance or a conditional certificate of compliance from the town as set forth in this title. (Ord. 203 §2(part), 1990)

If the town engineer or authorized representative has knowledge that real property appears to have been divided in violation of the provisions of this title or the Subdivision Map Act, a notice of intention to record a notice of violation shall be sent by certified mail to the current property owner, describing the real property in detail, naming the owners, and describing the violation and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place at which the owner may present evidence as to why a notice of violation should not be recorded. If, after the owner has presented evidence, a determination is made that there has been no violation, a clearance letter shall be mailed to the then current owner of the property. If, however, after the owner has presented evidence, the town planning commission or town council determines that the property has in fact been illegally divided, the town shall record the notice of violation with the county recorder. If, within fifteen days of receipt of the notice of intention, the owner of the real property fails to inform the town of his/her objection to recording the notice of violation, the town shall record it with the county recorder. A notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property. All procedures for mailing a notice of intention to record a notice of violation, and for recording a notice of violation shall be consistent with Section 66499.36 of the state Subdivision Map Act. (G.C. 66499.36) (Ord. 203 §2(part), 1990)