Chapter 12.68 — ADMINISTRATION AND ENFORCEMENT

Except where herein otherwise provided, the community development director and the city attorney shall enforce the provisions of this article.

(Prior code § 21-13.1; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

As a condition of the approval of a subdivision map, the subdivider may be required to provide such evidence or guarantees of compliance with the conditions of approval as may be deemed necessary by the approving official or agency.

(Prior code § 21-13.2; Ord. 1352 § 1, 1980)

• 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 final map is required by this article, until such map thereof in full compliance with the provisions of this article has been filed for record by the county recorder.

• 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 this article, until such map

thereof in full compliance with the provisions of this article has been filed for record by the county recorder.

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

• 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 (including this article) regulating the design and improvement of subdivision in effect at the time the subdivision was established.

• E. Nothing contained in subsections A or B shall be construed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction is expressly conditioned upon the approval and filing of a final subdivision or parcel map, as required under this article.

• (Prior code § 21-13.3; Ord. 1352 § 1, 1980; Ord. 1418 §§ 29 and 30, 1983)

Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for term not exceeding one hundred eighty days, or by both such fine and imprisonment. Such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is committed or continued by such person, and shall be punishable as herein provided. (Prior code § 21-13.4; Ord. 1352 § 1, 1980)

The city attorney may file an action in the superior court of San Mateo County, on behalf of the city, to enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this article. (Prior code § 21-13.5; Ord. 1352 § 1, 1980)

• A. No officer or employee of the city shall issue any permit or grant any approval on behalf of the city necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this article if the community development director finds that the 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 either the owner of record at the time of such violation, or whether such applicant is either the current owner of record or a lendee 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 or her interest in such real property.

• B. If an officer or employee of the city issues a permit or grants approval for the development of any such real property, the community development director may impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at such time by the Subdivision Map Act or this chapter, except as follows:

1. Where the applicant was the owner of record at the time of the initial violation of the provisions of this chapter who, by grant of the real property created a parcel or parcels in violation thereof, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation thereof, then the community development director may impose such conditions as would be applicable to a current division of the property; and

2. If a conditional certificate of compliance has been filed for record under the provisions of subsection B of Section 12.68.070 , only such conditions stipulated in that certificate shall be applicable.

(Prior code § 21-13.6; Ord. 1352 § 1, 1980; Ord. 1418 § 31, 1983; Ord. 1947, 4/9/2024)

• 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 community development director shall determine, whether such real property complies with the provisions of this article. Upon making such a determination, the community development director 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 the division thereof complies with applicable provisions of this article.

• B. If the community development director determines that such real property does not comply with the provisions of this article, the director shall issue a certificate of compliance or a conditional certificate of compliance. The director 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 or her interest therein, and which had been established at such time by this chapter, except as provided in the following sentence. Where the applicant was the owner of record at the time of the initial violation of this article and such person is the current owner of record of one or more of the parcels which were created as the result of the grant in violation of this article, then the community development director may impose such conditions as would be applicable to a current division of the property. Upon making such a determination and establishing such conditions, the community development director shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as a notice to the property owner or vendee who has applied for the certificate pursuant to this section, 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.

• C. 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.

• D. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 12.68.060 .

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

(Prior code § 21-13.7; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. Whenever the community development director has knowledge that real property has been divided in violation of this article, the director 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, 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 community development 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 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, the community development director shall record a release of the notice of intention to record a notice of violation with the county recorder.

• D. If after the owner has presented evidence the planning commission determines that the property has in fact been illegally divided, or if within sixty days of receipt of such copy the owner of such real property fails to inform the community development director of his or her objection to recording the notice of violation, the community development director 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.

(Prior code § 21-13.8; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)