Sierra County Municipal Code Ch. 23.26 Enforcement

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 the Subdivision Map Act or this title, until such a map, in full compliance with the provisions of the Subdivision Map Act and this title, 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 the Subdivision Map Act or this title, until such a map, in full compliance with the provisions of the Subdivision Map Act and this title, 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 the Subdivision Map Act or this title shall not be made by parcel or block number, letter 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 title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

E. Nothing contained in subsections (A) and (B) of this section shall be deemed 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 map or parcel map, as required under the Subdivision Map Act or this title. (Formerly 23.26.001)

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 this title, or is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heirs, personal representative, or trustee in insolvency or bankruptcy thereof within one year after the date of discovery of such 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. Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages suffered by reason of such 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.

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 SCC 23.26.030 or identified in a recorded final 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 successor in interest under any other provision of law.

C. 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 such 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.

D. 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 such real property is contrary to the public health or the public safety. The authority to deny such a permit or 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 thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

If the county issues a permit or grants approval for the development of any real property illegally subdivided, the county may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as 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 filed for record in accordance with the provisions of SCC 23.26.060, only those conditions stipulated in that certificate shall be applicable. (Formerly 23.26.002)

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the Planning Director to determine whether the real property complies with the provisions of the Subdivision Map Act and this title. (Formerly 23.26.003)

The application shall contain the following data and accompanying documents:

A. A map legibly drawn, to an engineer’s scale, with the scale shown on the map showing the subject property with dimensions and the gross and net area, and the following:

1. Location, width and names of all streets and roads adjacent to and providing access to the property;

2. The location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements;

3. The name, address, telephone number and signature of the current owner(s) of the property, and the name, address and telephone number of the person preparing the map, if different from the owner;

4. The current zoning on the property and the current Assessor’s parcel number;

B. A legible copy of the current owner’s grant deed or contract of sale, or the recording data therefor;

C. A map or the current Assessor’s parcel number, together with the current Assessor’s parcel numbers of all other property owned by the applicant that is contiguous to the subject real property;

D. Documentation of recorded access to the subject property unless abutting a public street;

E. A legal description for the subject property, to be typed on plain white paper, 8-1/2 inches by 11 inches, with one-inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance;

F. The date and recording data of the deed, map or document whereby the property was first divided as indicated in the application;

G. Appropriate fee prescribed by resolution of the Board of Supervisors. (Formerly 23.26.004)

If the Planning Director determines that the real property complies with the provisions of the Subdivision Map Act and this title, the 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. The Planning Director may charge a fee in accordance with a resolution adopted by the Board of Supervisors. (Formerly 23.26.005)

If the Planning Director determines that the real property does not comply with the provisions of the Subdivision Map Act or this title, the Planning Director may, as a condition to granting a certificate of compliance, impose conditions in accordance with SCC 23.26.020. Upon the Planning Director making such a determination and establishing such conditions, the department shall file a conditional certificate of compliance for record with the County Recorder. Such 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 implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

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 county. (Formerly 23.26.006)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Formerly 23.26.007)

Subject to the provisions of Cal. Gov’t Code § 66499.35(e) of the Subdivision Map Act, an official map prepared pursuant to Cal. Gov’t Code § 66499.52(b) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Formerly 23.26.008)

If the Planning Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, a notice of intention to record a notice of violation shall be mailed by the department by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Cal. Gov’t Code § 66412.6(a) or (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the Planning Director why a notice of violation should not be recorded.

The meeting 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 department a written objection to recording the notice of violation, the department shall file the notice of violation for record with the County Recorder. If, after the owner has presented evidence, the Planning Director determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the Planning Director determines that the property has in fact been illegally divided, the department shall record the notice of violation for record with the County Recorder, but not until after the appeal period has passed, and in circumstances in which no appeal has been filed.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Formerly 23.26.009)

Appeals of any Planning Director action pursuant to SCC 20.05.130. The Planning Commission and/or Board of Supervisors shall determine whether or not a violation has occurred, and shall record a notice of violation when it determines that the property has been illegally divided. (Ord. 902, eff. 7/6/00. Formerly 23.26.010)