§ 15.16

It shall be unlawful for any person to divide any parcel of land or lot without first complying with this title and the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

(a)

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division of land, in violation of the provisions of this title or the Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heir, 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/her assignee, heir or devisee.

(b)

Nothing contained in this title shall be deemed to bar any legal, equitable or summary remedy to which the city of San Rafael or other political subdivision, or any person, firm or corporation may otherwise be entitled in the superior court of the county of Marin to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

(Ord. 1787 § 1 (part), 2002).

The city of San Rafael shall not issue a permit or grant any approval necessary to develop a parcel or lot which has been divided or which has resulted from the division, in violation of the provisions of this title and the Subdivision Map Act if it finds that development of the parcel or lot is contrary to the public health or safety. The authority to deny a permit or approval for development of said parcel or lot shall apply whether the applicant was the property owner of the parcel or lot at the time of the violation or whether the applicant is the current owner of the real property, with or without actual or constructive knowledge of the violation at the time of the acquisition of interest in the parcel or lot.

(Ord. 1787 § 1 (part), 2002).

15.16.040 - Notice of intent to record notice of violation.

(a)

Notice of Intent to Record Notice of Violation. If the department of community development or the city engineer has knowledge that real property has been divided in violation of the provisions of this title or the Subdivision Map Act, a notice of intent to record a notice of violation shall be mailed by certified mail to the current property owner of record. The notice of intent shall describe the real property in question, the name of the property owner of record, a description of the violation and a statement offering the property owner to present evidence.

(b)

Public Hearing to Present Supporting Evidence. The notice of intent shall specify the date, time and place for a public hearing with the city council, for which the property owner of record may present evidence to the city as to why a notice of violation should not be recorded. The public hearing shall be held no sooner than thirty (30) calendar days and no later than sixty (60) calendar days from the date of the mailing. If,

within thirty (30) calendar days of the property owner's receipt of the notice of intent, the property owner fails to notify the city objecting to the recording of a notice of violation, the city engineer shall have the authority to proceed to record the notice. If the public hearing is held and supporting evidence is presented, the city council shall proceed as follows:

(1)

If, after reviewing the supporting evidence, the city council determines that the real property in question has, in fact, been illegally subdivided, the city engineer shall be directed to proceed with the recordation of a notice of violation.

(2)

If, after reviewing the supporting evidence, the city council determines that there is no violation, the city engineer shall be directed to prepare this determination, in writing, to the property owner. The written notification may include a recommendation for the property owner to request a certificate of compliance, as provided for in Chapter 15.14 of this title.

(Ord. 1787 § 1 (part), 2002).

A notice of violation shall be recorded as required by and pursuant to the procedures set forth in Section 66499.36 of the Subdivision Map Act. The city engineer is designated as the official to perform all required procedures for recording a notice of violation.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.17 - CORRECTIONS, AMENDMENTS AND MODIFICATIONS