Chapter 23.23 — ENFORCEMENT

Section

• 23.23.001 Prohibition
• 23.23.002 Remedies
• 23.23.003 Certificate of compliance
• 23.23.004 Appeal
• 23.23.005 Violation as a misdemeanor
• 23.23.006 Violation of title, code enforcement ordinance

(A) 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 or final map is required by the Subdivision Map Act and this title, until the parcel or final map, in full compliance with the provisions of the Subdivision Map Act and this title, has been recorded by the County Recorder. (B) Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this title shall not be made by parcel or block number, initial or other designation, unless and until the final or parcel map has been recorded by the County Recorder. (C) 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, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (D) Nothing contained in division (A) above shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where the sale, lease or financing, or the commencement of construction, is

expressly conditioned upon the approval and recording of a final or parcel map, as required by the Subdivision Map Act or this title. (1966 Code, § 17-90) (Ord. 617, § 2(part))

(A) Voiding of conveyance. 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 this title, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation. 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 or her assignee, heir or devisee. (B) Action for damages. Any grantee, or his or her 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 title may, within one year after the date of discovery of the violation, bring an action in the Superior Court to recover any damages suffered by reason of the division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property. (C) Withholding of permits and approvals. (1) The county 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 the Subdivision Map Act or this title if it finds that development of the real property is contrary to the public health or safety. The authority to deny the permit or approval shall apply whether the applicant therefor was the owner of record at the time of the violation or whether the applicant therefor is either the current owner of record or a vendee thereof pursuant to a contract of sale with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in the real property. (2) If the county issues a permit or grants approval for the development of any such real property, the county may impose those conditions which would have been applicable to the division of the property at the time the applicant acquired his or her interest in the real property. If the applicant was the owner of record at the time of the initial violation, the county may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been recorded in accordance with the provisions of § 23.23.003, only those conditions stipulated in the certificate shall be applicable. (D) Notice of violation. (1) If the Planning Department has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, it shall cause to be mailed, by certified mail, a notice of intention to record a notice of violation to the then-current owner of record. The notice shall describe the property in detail, name the owners thereof, and shall specify the date, time and place for a hearing before the Planning Commission at which the owner may present evidence why the notice of violation should not be recorded. The notice shall describe the violation and shall also contain an explanation as to why the subject parcel is not lawful under Cal. Gov’t Code § 66412.6(a) or (b). (2) The hearing shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the Planning Department a written objection to recording the notice of violation, the Planning Department shall file the notice of violation for record with the County Recorder. If, after the owner has presented evidence, the Planning Commission determines that there has been no violation, the Planning Department shall mail a clearance letter to the then-current owner of record. If, however, after the owner has presented evidence, the Planning Commission determines that the property has been illegally divided, the Planning Department shall record the notice of violation for record with the County Recorder. (3) The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property. (E) Remedies not exclusive. This section does not bar any legal, equitable or summary remedy to which the county or other public agency, or any person, firm or corporation may otherwise be entitled, and the county or other public agency, or the person, firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act or this title. (1966 Code, § 17-91) (Ord. 617, § 2(part))

(A) Any person owning real property or a vendee of the person pursuant to a contract of sale may request the Planning Commission determine whether the real property complies with the provisions of the Subdivision Map Act and this title. (B) If the Planning Commission determines that the real property complies with the provisions of the Subdivision Map Act and this title, the Planning Department 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 thereof complies with the provisions of the Subdivision Map Act and this title.

(C) (1) If the Planning Commission determines that the real property does not comply with the provisions of the Subdivision Map Act or this title, the Planning Commission may, as a condition of granting a certificate of compliance, impose conditions in accordance with Cal. Gov’t Code § 66499.35(b). Upon making such a determination and establishing such conditions, the Planning Department shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner or vendee who has applied for the certificate, a grantee of the property owner or any subsequent transferee or assignee of the property that the fulfillment and implement of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. (2) Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of the property is issued by the county. (D) A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Cal. Gov’t Code § 66499.34 and § 23.23.003 of this chapter. (E) A recorded final parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (F) Subject to the provisions of Cal. Gov’t Code § 66499.35(e), an official map prepared pursuant to Cal. Gov’t Code § 66499.52(b) shall constitute a certificate of compliance with respect to the parcels of real property described therein. (G) A fee and/or deposit shall be charged to the applicant for making the determination and processing the certificate of compliance in accordance with § 23.01.007 of this title. (1966 Code, § 17-92) (Ord. 617, § 2(part))

Appeals of any Planning Commission action pursuant to this chapter may be made to the Board of Supervisors in accordance with the provisions of § 23.07.008 of this title. (1966 Code, § 17-93) (Ord. 617, § 2(part))

(A) Any person violating any of the provisions or failing to comply with any of the regulatory requirements of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or by both the fine and imprisonment. (B) Except as otherwise provided in this title, each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by the person and shall be punishable accordingly. (1966 Code, § 17-94) (Ord. 617, § 2(part))

Any violation of this title is unlawful and declared a public nuisance. Unless clearly inconsistent with the Subdivision Map Act or other provisions of this title, a violation of this title shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code. (1966 Code, § 17-95) (Ord. 617, § 2(part))