Chapter 16.04 — GENERAL PROVISIONS AND ENFORCEMENT

This title shall be known as the "subdivision ordinance" of the city of Pasadena.

(Ord. 4815 § 1.10, 1967)

The purpose of this title is to set forth rules and regulations for the subdivision of real property, all in conformance with the provisions of the Subdivision Map Act of the state of California (Government Code Section 66410 et seq.).

(Ord. 6039 § 1, 1983: Ord. 4815 § 1.20, 1967)

Pursuant to the provisions of the Subdivision Map Act and in addition to any other regulations provided by law, the regulations contained in this title shall apply to all subdivisions or parts of subdivisions hereafter made, of land wholly or partially within the corporate limits of the city, and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the corporate limits of the city shall be created as provided herein. Each map required for such subdivision shall be prepared and presented for approval as required herein.

(Ord. 6039 § 2, 1983: Ord. 4815 § 2.00, 1967)

A.

Section 66411 of the Government Code reads in part as follows:

"Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. Each local agency shall by ordinance regulate and control subdivisions for which this division requires a tentative and final or parcel map. Each local agency may by ordinance regulate and control other subdivisions, provided that such regulations are not more restrictive than the regulations for those subdivisions for which a tentative or parcel map is required by this division...."

B.

It is the purpose and intent of this title to regulate and control all divisions of land which may be lawfully regulated by the city, and the provisions of this title shall be interpreted to carry out this intent and purpose.

C.

In the event of a conflict between any mandatory provision of the Subdivision Map Act and a provision of this title, the Subdivision Map Act shall control.

(Ord. 6610 § 3, 1994; Ord. 6039 § 3, 1983)

Whenever reference is made to any portion of this title or any other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.

(Ord. 4815 § 2.15, 1967)

A.

A person shall not sell, place a mortgage, deed of trust or other lien upon, or lease any division of land or any part thereof, or offer to do so, or contract to do so, until a final map thereof, or parcel map thereof, in full compliance with the provisions of this title has been duly filed in the office of the recorder of Los Angeles County.

B.

Subsection A of this section does not apply to any parcel or parcels of a division of land offered for sale, lien or lease, contracted for sale, lien or lease, or sold, mortgaged, liened or leased, in compliance with or exempt from any law (including this title or any other ordinance of this city) regulating the design and improvement of such divisions in effect at the time the division was established; or to any parcel or parcels of a record of survey approved prior to September 17, 1965, that has been duly filed with the recorder of Los Angeles County. Neither this section nor any other portion of this title applies to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, or commercial building, or trailer park, or to mineral, oil or gas leases.

(Ord. 4815 § 2.25, 1967)

Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien or lease made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representative or trustee in insolvency or bankruptcy within 1 year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease, or sale or contract agreeing thereto, but such deed of conveyance, sale, mortgage, deed of trust, lien, lease or contract, is binding upon any assignee or transferee of the grantee, mortgagee, beneficiary, tenant, buyer or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord or person so contracting, his assignee, heir or devisee.

(Ord. 4815 § 2.30, 1967)

It is unlawful to sell, offer for sale or cause or permit to be sold or offered for sale any portion of any division of real property, improved or unimproved, in the city, unless and until the requirements hereinbefore provided have been complied with. Any person requesting a written certificate from the city containing an opinion as to compliance with any of the provisions of this title or related applicable law shall pay a fee in the amount established by resolution adopted by the board of directors.

(Ord. 5568 § 51, 1982)

Any person, firm or corporation violating any of the provisions of this title is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than 6 months, or by both such fine and imprisonment. Each such person, firm or corporation is deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this title.

(Ord. 4815 § 12.20, 1967)