Chapter 19.44

VIOLATIONS AND PENALTIES

Sections:

• A. 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 of this Title 19 is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the Subdivision Map Act or of this title, 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 of this title may, within one year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages he 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 title, and against any successors in interest who have actual or constructive knowledge of such division of property.

• C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 19.40.100, or identified in a recorded final subdivision map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.

(Prior code § 9291.)

• A. No person shall sell or lease, or offer to sell or lease, to contract to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for

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SAN JOSÉ CODE

§ 19.44.020

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

or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act. (Prior code § 9292.)

• 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 until such map thereof in full compliance with the provisions of the Subdivision Map Act and this title 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 or parcel map is required 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 (including this Title 19), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

• E. Any person who violates any provision of this section shall be guilty of a misdemeanor.

• (Prior code § 9291.1.)

The city, or other public agency, or any person, firm or corporation that may otherwise be entitled, 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

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