Reedley Municipal Code Ch. 11.18 Enforcement, Penalties, Remedies

A. No person shall finance, lease, or sell any parcel or parcels of real property or start construction of any building for financing, lease, or sale, except for model homes, or allow occupancy thereof, for which a final map or final parcel map is required by this Title until a final map or final parcel map, in full compliance with this title and the Subdivision Map Act, has been filed for record by the County Recorder's Office.

B. Conveyances of any part of a division of property for which a final map or final parcel map is required shall not be made by parcel number or other designation, unless and until the final map or final parcel map has been filed for record by the County Recorder's Office.

C. Subsections A and B of this Section do not apply to any parcel or parcels of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law, including this Title or other City ordinance, regulating subdivision design and improvements in effect at the time the subdivision was established.

D. Nothing contained in either Subsection A or B of this section shall prohibit an offer or contract to finance, lease or sell property or to construct improvements thereon where the financing, lease or sale or the start of construction is expressly conditioned upon the approval and filing of a final map or final parcel map as required by this title and the Subdivision Map Act. (Ord. 2024-002, 9-20-2024)

A. Nothing in this Chapter or in any other provision of this Title shall bar any legal, equitable or summary remedy to which the City, any other public agency, or any person, firm or corporation may otherwise be entitled. The City, such other public agency, or such person, firm or corporation may file a suit in the Superior Court of Fresno County to restrain or enjoin any attempted or proposed subdivision or financing, lease or sale in violation of the Subdivision Map Act or this Title.

B. The City 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 the City finds that such development would be contrary to public health or safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record of the property at the time of the violation or whether the applicant is the current owner of record of the property, or a vendee of the current owner of record pursuant to a contract of sale for the property with, or without, actual or constructive knowledge of the violation at the time of acquiring his interest in the property.

C. If the City issues a permit or grants approval for the development of any property subdivided, financed, sold, or leased in violation of this title or the Subdivision Map Act, the City may impose those conditions which would have been applicable to division of the property at the time the applicant acquired his interest in the property. However, if the applicant was the owner of record at the time of the initial violation, and by grant created a parcel or parcels in violation of this title or the Subdivision Map Act, the City 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 therein shall be applicable. (Ord. 2024-002, 9-20-2024)

A. Request for Property Compliance. Any person owning real property or a vendee of that person under a contract of sale may request, in writing, the Community Development Director to determine, and the Director shall determine, whether the property complies with the provisions of this Title and the s Subdivision Map Act.

B. Certificate Issued and Recorded. Upon making the determination that the property complies with this Title and the Subdivision Map Act, the Community Development Director shall issue a certificate of compliance and cause it to be filed for record with the County Recorder. The certificate of compliance shall identify the property and state that the division of land complies with this Title and the Subdivision Map Act.

C. Conditional Certificate. If the Community Development Director determines that the property does not comply with the provisions of this Title or the Subdivision Map Act, the Director may, as a condition of granting a certificate of compliance, impose conditions as allowed by this Title. Upon deciding and establishing the conditions, the city shall issue a conditional certificate of compliance and cause it to be filed for record with the Fresno County Recorder's Office. The certificate shall serve as notice to property owner or vendee who has applied for the certificate, a grantee of the property owner, and any transferee or assignee of the property, that the fulfillment and implementation of these 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 by the City.

D. Approval for Development. A certificate of compliance shall be issued for any property which has been approved for development pursuant to Subsection 11.18.020 (Remedies) of this Chapter.

E. Information as Required By Community Development Director. Each certificate of compliance or conditional certificate of compliance shall contain all information the Community Development Director deems necessary, including, but not limited to, all the information specified in Section 66499.35(f) of the Subdivision Map Act.

F. Fee. The applicant shall pay a fee specified in the Master Fee Schedule.

G. Appeal. The applicant or any interested person adversely affected may appeal any action of the Community Development Director with respect to the certificate of compliance or conditional certificate of compliance to the Planning Commission. The appeal shall be filed, noticed, heard, and decided according to the procedures, rules, burdens, and requirements established by this Title. (Ord. 2024-002, 9-20-2024)

If the Community Development Director has knowledge that property has 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 mailed by certified mail to the current owner of record. The notice shall describe the property in detail, name the owner(s), describe the violation and state that an opportunity will be given to the owner(s) to present evidence. The notice shall also contain an explanation of why the subject parcel is not lawful under Subsection A or B of Section 66412.6 of the Subdivision Map Act. The notice shall contain the date, time, and place for a meeting at which time the owner(s) may present evidence to the Director, serving as advisory agency for this purpose, why a notice of violation should not be recorded.

The meeting shall take place no sooner than thirty (30) working days (excluding City recognized holidays) and no later than sixty (60) working days (excluding City recognized holidays) from the date of mailing. If the owner(s) of the property fails, within fifteen (15) working days (excluding City recognized holidays) after receipt of a notice of violation, to inform the Community Development Director in writing of objection to recording of the notice, the director shall record the notice of violation with the Fresno County Recorder's Office. If, after the owner(s) have presented evidence, it is determined that there has been no violation, the Director shall mail a clearance letter to the current owner of record. If, however, after the owner(s) have presented evidence, the director determines that the property has in fact been illegally divided, the Director shall record the notice of violation with the County Recorder. (Ord. 2024-002, 9-20-2024)

Each act prohibited by Section 11.18.010 (Prohibition), of this Chapter, or any other violation of this Title, is a misdemeanor and shall be punished as provided in the general penalty in Section 1-4-1 (Violation; Misdemeanor) of the Reedley City Code. This penalty is in addition to any penalty specified in Section 66499.31 of the Subdivision Map Act. (Ord. 2024-002, 9-20-2024)

Any action or proceeding to object to, review, set aside, void or annul the decision of the Community Development Director, the Community Development Department, the Planning Commission, the advisory agency or the City Council concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached to such decision, shall not be maintained by any person unless it is commenced and service of summons is effected within ninety (90) working days (excluding City recognized holidays) after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of the decision or of such proceedings, condition, acts, or determinations. (Ord. 2024-002, 9-20-2024)