Tehachapi Municipal Code Art. II Enforcement

A. No permit shall be granted for the construction, installation or replacement of any building for sale, lease or financing on any lot or parcel, except for a model home, or to allow occupancy thereof, for which a final map or parcel map is required by this title, until such map thereof, in full compliance with the provisions of this title and the Map Act, has been filed for record by the county recorder.

B. Any permit issued contrary to the provisions of this section shall be void.

(Ord. 90-13-575 § 1(part), 1990)

It is unlawful to sell, lease, or to finance any lot or parcel of real property or commence construction of any building for sale, lease or financing thereon, except for a model home, or allow occupancy thereof, for which a final tract map or final parcel map is required by this title until such map, in full compliance with the provisions of this title and the Map Act, has been filed for record by the county recorder. Nothing contained herein 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, financing or the commencement of construction is expressly conditioned upon the approval and filing for recordation of a final tract map or final parcel map.

(Ord. 90-13-575 § 1(part), 1990)

A. Whenever in the opinion of the advisory agency the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the advisory agency may make such modification thereof as in its opinion is reasonably necessary or expedient and in conformity with the spirit and purpose of the general plan, the Map Act and this title.

B. Each such proposed modification shall be referred to the officer or department under whose particular jurisdiction the regulation involved comes, and such officer or department shall transmit to the advisory agency his or its written recommendations on each such proposed modification and the facts supporting such recommendation.

C. Said recommendation shall be reviewed by the advisory agency and in case such modification is made by said commission, together with appropriate findings to support the decision, the maps shall be modified accordingly.

D. A copy of the recommendations and findings shall be transmitted to the city council with the final map and filed in the city planner's office in the case of a parcel map.

(Ord. 90-13-575 § 1(part), 1990)

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 Map Act or this title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Map Act.

(Ord. 90-13-575 § 1(part), 1990)

This title does not bar any legal, equitable or summary remedy to which the city or any aggrieved public agency or person may otherwise be entitled; and the city or any aggrieved public agency or person may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act which is in violation of this title.

(Ord. 90-13-575 § 1(part), 1990)

Commission of any act declared by this title to be unlawful and failure to perform any act required by this title shall be a misdemeanor, and any person, upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 90-13-575 § 1(part), 1990)