Piedmont Municipal Code Art. XI Enforcement and Judicial Review

No person shall sell, lease or finance a parcel of real property or begin construction of a building for sale, lease or financing thereon (except for model homes) or allow occupancy thereof, for which a final or parcel map is required by the Subdivision Map Act or this chapter, until the map complies with the Subdivision Map Act and this chapter and is recorded with the county recorder. (GC §66499.30). This subsection does not prohibit an offer or contract to sell, lease or finance real property or to construct improvements where the sale, lease or financing or the beginning of construction is expressly conditioned upon the approval and filing of a final map or parcel map.

The conveyance of part of a division of real property for which a final or parcel map is required shall not be made by parcel or block number, letter or other designation until the map is recorded with the county recorder.

This section does not apply to a parcel 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, including this chapter, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

A violation of this chapter by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding $10,000, or by both that fine and imprisonment. Every other violation of this chapter is a misdemeanor. (GC §66499.31)

A.
Conveyance Voidable. A deed of conveyance, sale or contract to sell real property which has been divided or which results from a division in violation of the Subdivision Map Act or this chapter is voidable at the sole option of the grantee, buyer or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. However, the deed of conveyance, sale or contract to sell is binding upon a 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 their assignee, heir or devisee. (GC §66499.32)

B.
Other Legal Action. This chapter does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person may otherwise be entitled. The city or other public agency or person may file a suit in the superior

62 court to restrain or enjoin an attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act or this chapter. (GC §66499.33)

C.
Denial of Permits and Approvals. The city shall not issue a permit or grant any approval necessary to develop real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this chapter if it finds that development of the property is contrary to the public health or safety. The authority to deny or approve such a permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property. (GC §66499.34)

D.
Permit or Approval Subject to Conditions. If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city 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 city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provision of Piedmont Municipal Code section 19.80, only the conditions stipulated in that certificate are applicable. (GC §66499.34)

A. A person owning real property or a vendee of such person under a contract of sale may request the department to determine whether the real property complies with the provisions of the Subdivision Map Act and this chapter. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property. (GC §66499.35)

B. If the department determines that the real property complies with the provisions of the Subdivision Map Act and this chapter, the city shall file a certificate of compliance for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of the real property complies with the provisions of the Subdivision Map Act and this chapter.

C. If the department determines that the real property does not comply with the provisions of the Subdivision Map Act or this chapter, the department may, as a condition to granting a conditional certificate of compliance, impose conditions in accordance with Piedmont Municipal Code section 19.79(D) except that where the applicant was the owner of record at the time of the initial violation and the current owner of record of one or more parcels which were created as a result of the violation, then the city may impose any conditions that would be applicable to a current division of the property. Upon the department’s making such a

63 determination and establishing such conditions, the city shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property.

Compliance with such conditions is not required until the city issues a permit or

other grant of approval for development of the property.

D. A recorded final map, parcel map or official map (prepared in accordance with Government Code Section 66499.35(e)) constitutes a certificate of compliance with respect to the parcels of real property described on the map.

E. The applicant for a certificate of compliance shall pay the city a fee to cover the reasonable cost of processing the application.

A.
Notice of Intention to Record Notice of Violation. If it is determined that real property has been divided in violation of the Subdivision Map Act or this chapter, the department shall mail by certified mail to the then current owner a notice of intention to record a notice of violation. The notice shall describe the property in detail, name the owners, describe the violation, why the subject parcel is not lawful under Section 66412.6(a) or (b) of the Subdivision Map Act and state that the owner will be given the opportunity to present evidence. The notice shall specify the date, time and place for a planning commission meeting at which the owner may present evidence to the city why a notice of violation should not be recorded. (GC §66499.36)

B.
Meeting. The meeting shall be held no sooner than 30 days and no later than 60 days from that date of mailing of the notice of intention to record a notice of violation.

C.
Clearance if No Violation. If, after the owner has presented evidence, the city determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record.

D.
Recording Notice of Violation. The city shall record the notice of violation with the county recorder if:

Within 15 days of receipt of the notice, the owner fails to file with the department a written objection to recording the notice of violation; or

After the owner has presented evidence, the city determines that the property has in fact been illegally divided.

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E.
Effect of Recording. The notice of violation, when recorded, is constructive notice of the violation to all successors-in-interest in the property.

An action or proceeding to attack, review, set aside, void or annul a decision of the city under this chapter must be commenced and served on the city within 90 days after the date of the decision. After 90 days, all persons are barred from any such action. (GC §66499.37) The issues raised in an action may be limited to those raised in the public hearing or in written correspondence presented before or at the hearing. (GC §65009) (Ord 657 N.S. 8/05)

Taxation

Chapter 20 Taxation1