18.44 — ENFORCEMENT; PENALTY; CERTIFICATES OF COMPLIANCE

Whenever the county assessor or the head of any city department finds that the provisions of this title of the Subdivision Map Act have been violated, he shall report such violation to the planning director. It shall be the duty of the planning director to investigate such report and enforce the provisions of this title and the Subdivision Map Act.

(Code 1972, § 18.44.010; Ord. No. 543, § 1(part), 1981)

Whenever the city has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of city ordinances enacted pursuant thereto, the planning director shall cause to be

filed for record with the county recorder notice of intention to record a notice of violation describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the planning director shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date and place at which the owner may present evidence to the city council why such notice should not be recorded. If, after the owner presents evidence, the city council determines that there has been no violation, the planning director shall forthwith record a release of the notice of intention to record a notice of violation with the county recorder. If, however, after the owner has presented evidence, the city council determines that the property has in fact been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the city council of his objection to recording the notice of violation, the city council shall cause the planning director to record a notice of violation with the county recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Code 1972, § 18.44.020; Ord. No. 543, § 1(part), 1981)

(a)

No building permit, grading permit nor any other permit shall be issued, nor any approval granted, that is 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 city ordinances enacted pursuant thereto, if the planning director, or on appeal, the city council, finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record 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 his interest in such property.

(b)

Upon receipt of a written notification from the permit issuing authority, or the body authorized to grant approval, that a permit or approval is being sought to develop real property which has been subdivided, or which has resulted from division in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto, or upon receipt of a written request from the owner of such real property, the planning director, or on appeal, the city council, shall determine whether such real property is or is not approved for development, and shall so inform the owner thereof and the authority or body which has originated said notification. If it is determined that such real property is approved for development, the planning director, or on appeal, the city council, may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in such real property and which has been established at such time by the Subdivision Map Act or city ordinances enacted pursuant thereto, provided that if a conditional certificate of compliance has been filed for record pursuant to the provisions of section 18.44.040 only such conditions stipulated in such certificate shall be applicable.

(Code 1972, § 18.44.030; Ord. No. 543, § 1(part), 1981)

(a)

Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the planning director make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. Within 50 days after receipt of such written request, the planning director shall make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto, or that such real property does not comply with such provisions.

(b)

If the subject real property is found to be in compliance with the Subdivision Map Act and city ordinances enacted pursuant thereto, the planning director shall cause a certificate of compliance relative to such real property to be filed for record with the county recorder which shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto.

(c)

If the subject real property is found not to be in compliance with the Subdivision Map Act and city ordinances enacted pursuant thereto, the planning director, or on appeal, the city council, may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest therein and which has been established at such time by the Subdivision Map Act or city ordinances enacted pursuant thereto. Upon making such a determination and establishing such conditions, the planning director shall cause a conditional certificate of compliance setting forth such conditions to be filed for record with the county recorder, but compliance with such conditions shall not be required until such time as a building permit or grading permit is issued by the city. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this chapter, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to the subsequent issuance of a permit or other grant or approval for development of the property.

(d)

The certificate of compliance shall be issued for any real property which has been approved for development pursuant to section 18.44.030.

(e)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein, and no additional certificate of compliance shall be issued therefor.

(Code 1972, § 18.44.040; Ord. No. 543, § 1(part), 1981)

At the time of filing any request pursuant to this chapter intended to result in the issuance of a certificate of compliance, there shall be paid a fee as adopted by resolution of the city council to cover the cost of making the required determinations pursuant to such request and the recording of any certificate of compliance resulting therefrom. Said fee shall be nonrefundable.

(Code 1972, § 18.44.050; Ord. No. 543, § 1(part), 1981)

Any person dissatisfied with any action of the planning director, pursuant to this article, may appeal to the city council.

(Code 1972, § 18.44.060; Ord. No. 543, § 1(part), 1981; Ord. No. 1024, § 31, 1996)

(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 the Subdivision Map Act or city ordinances enacted pursuant thereto is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of such violation but 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 his assignee, heir or devisee.

(b)

Any grantee, or his successor in interest, or real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or city ordinances enacted pursuant thereto, may, within one year of the date of discovery of such violation, bring an action in superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of the Subdivision Map Act or city ordinances enacted pursuant thereto 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 this chapter or identified in a recorded final subdivision map or parcel map from and after the date of recording.

(d)

The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.

(Code 1972, § 18.44.070; Ord. No. 543, § 1(part), 1981)

Any person violating any of the provisions of this chapter shall be guilty of an infraction and punishable as provided in section 1.16.010.

(Code 1972, § 18.44.080; Ord. No. 543, § 1(part), 1981; Ord. 608 § 1(part), 1984)

(a)

Notwithstanding section 18.04.020, two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a city ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner and no further proceeding under the provisions of the Subdivision Map Act or city ordinance enacted pursuant thereto shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; except that if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under a zoning, subdivision or other ordinance of the city and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city, or which was built prior to the time such permits were required by the city then such parcels shall be merged for the purposes of this chapter.

(b)

Any parcels which merged by operation of law and which have not been deemed merged pursuant to subsection (a) of this section, are deemed to be unmerged without compliance with the requirements of this title.

(c)

Whenever the city has knowledge that real property has merged pursuant to this section, it shall cause to be filed for record with the recorder of the county in which the real property is located, a notice of such merger specifying the names of the record owners and particularly describing the real property, provided that, at least 30 days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger, shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the city council why such notice should not be recorded.

(Code 1972, § 18.44.090; Ord. No. 543, § 1(part), 1981)

CHAPTER 18.48. - VIOLATION; PENALTY