Richmond Municipal Code Art. 15.04.716 Enforcement and Judicial Review

This article establishes procedures that the City will use to enforce the requirements of the Subdivision Ordinance, including compliance with any conditions of approval imposed to protect public health, safety, and welfare and promote development in accordance with the General Plan.

A. No person shall offer to sell or lease, to contract to sell or lease, or sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by the Subdivision Map Act or this Ordinance, until such map thereof in full compliance with the provisions of the Subdivision Map Act and this Ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located.

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 financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by the Subdivision Map Act or this Ordinance, until such map thereof in full compliance with the provisions of the Subdivision Map Act and this Ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located.

C. Conveyances of any part of a division of real property for which a final map or parcel map is required by the Subdivision Map Act or this Ordinance shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the recorder of the county in which any portion of the subdivision is located.

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.

A violation of this Ordinance 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 fine and imprisonment. Every other violation of this Ordinance is a misdemeanor.

A. Any deed of conveyance, sale or contract to sell real property that has been divided, or that has resulted from a division, in violation of the provisions of the Subdivision Map Act, or of the provisions of this Ordinance, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his/her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of the Subdivision Map Act or this Ordinance, 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, of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this Ordinance, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he/she 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 of this Ordinance and against any successors in interest who have actual or constructive knowledge of such division of property.

C. The provisions of this subsection shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance or identified in a recorded final map or parcel map, from and after the date of recording.

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

E. The Subdivision Map Act and this Ordinance do not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled, and any such local agency or other public agency, or such person, firm or corporation may file a suit in the superior court of the county in which any real property attempted to be subdivided or sold, leased or financed in violation of the Subdivision Map Act is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act.

F. The City shall not issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of the Subdivision Map Act or this Ordinance, if the City 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/her interest in such real property.

G. If the City issues a permit or grants approval for the development of any such real property, the City may impose those conditions that would have been applicable to the division of the property at the time the applicant acquired his/her interest in such real property, and which has been established at such time by the Subdivision Map Act or this Ordinance, except that if a conditional certificate of compliance has been filed for record, only such conditions stipulated in that certificate shall be applicable.

A. Building Permit. No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed to the satisfaction of the Director of Engineering and Capital Improvement Projects, except as permitted in this section.

B. Model Homes. Not more than seven lots (or seven structures in a planned development) in a subdivision may be designated as model home sites. If such sites are approved by the Director of Engineering and Capital Improvement Projects as capable of being developed without conflicting with the work or construction of required subdivision improvements, then building permits and entitlements may be issued therefor. Each site shall be easily accessible from existing improved streets. No model home shall be located more than 300 feet from an approved source of water for firefighting purposes.

C. Condominium Developments in Planned Area Districts. Building permits may be issued subsequent to the approval or conditional approval of the tentative map, but before the filing of the parcel map or final map, for buildings in condominium developments in planned area districts, provided that a final development plan has been approved, as defined in the Zoning Ordinance.

A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the Director of Engineering and Capital Improvement Projects shall determine, whether such real property complies with the provisions of the Subdivision Map Act and this Ordinance.

B. Upon making such a determination, the Director of Engineering and Capital Improvement Projects 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 thereof complies with applicable provisions of the Subdivision Map Act and this Ordinance. A fee in a sum set by resolution of the City Council shall be imposed to cover the cost of issuing and recording the certificate of compliance.

C. If the Director of Engineering and Capital Improvement Projects determines that such real property does not comply with the provisions of the Subdivision Map Act or this Ordinance, he/she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his/her interest therein, and which had been established at such time by the Subdivision Map Act or this Ordinance. Upon making such a determination and establishing such conditions, the Director of Engineering and Capital Improvement Projects shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this subsection, 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 subsequent issuance of a permit or other grant of approval for development of the property.

D. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.

E. A certificate of compliance shall be issued for any real property that has been approved for development pursuant to this Ordinance.

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

A. Whenever the Director of Engineering and Capital Improvement Projects has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this Ordinance, he/she shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence.

B. Upon recording a notice of intention to record a notice of violation, the Director of Engineering and Capital Improvement Projects 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 Planning Commission why such notice should not be recorded.

C. If, after the owner has presented evidence, it is determined that there has been no violation, then the Director of Engineering and Capital Improvement Projects shall record a release of the notice of intention to record a notice of violation with the County Recorder.

D. If, however, after the owner has presented evidence, the Planning Commission determines that the property has been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the Director of Engineering and Capital Improvement Projects of his/her objection to recording the notice of violation, the Planning Commission shall record the notice of violation with the County Recorder.

E. 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.

An action or proceeding to attack, review, set aside, void or annul a decision of the City under this Ordinance 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.