Article 18 — Enforcement of Chapter Provisions

(a) No person shall offer to sell or lease, contract to sell or lease, finance any parcel of real property, or commence the construction of any building for sale, lease, or financing thereof, except for model homes, or allow the occupancy thereof, for which a final map or parcel map is required by this chapter until such map thereof in full compliance with the provisions of this chapter, has been filed with the County Recorder and recorded.

(b) No person shall sell, lease, or finance any parcel of real property or commence the construction of any building for sale, lease, or financing thereon, except for model homes, or allow the occupancy thereof, for which a parcel map is required by this chapter or the Subdivision Map Act, until such map thereof, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record by the County Recorder.

(c) The conveyance of any part of a division of real property for which a final or parcel map is required by this chapter 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 County Recorder.

(d) This section shall not apply to any parcel 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 a local ordinance) regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (Ord. 744-NS, eff. April 17, 1980)

(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 this chapter or the Subdivision Map Act shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of the discovery of the violation, but the deed of conveyance, sale, or contract to sell shall be 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 this chapter or the Subdivision Map Act, within one year of the date of the

discovery of such violation, may 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 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 this Code and Section 66499.35 of the Subdivision Map Act, 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 his successor in interest under any other provision of law.

(d) This section shall not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person, firm, or corporation, may otherwise be entitled, and the City 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 for sale, lease, or financing in violation of this chapter.

(e) The City shall not issue a permit or 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 this chapter or the Subdivision Map Act if the City 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 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 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 interest in such real property.

hall 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 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 interest in such real property.

The City, in issuing a permit or granting approval for the development of any such real property, may impose such additional conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property.

(f) Whenever any construction activity, including grading or earth moving, is being done on any property for which an approved final map exists contrary to the provisions of this chapter or any approval of the map, the Community Development Director may order the activity stopped by notice in writing served on any person engaged in doing or causing such activity to be carried out, and any such person shall forthwith stop the activity until authorized by the Community Development Director to proceed.

(Ord. 744-NS, eff. April 17, 1980)

(a) Any person owning real property within the City, or a purchaser under a contract of sale of such property, may request the Community Development Director to determine whether such real property complies with the provisions of this chapter and the Subdivision Map Act.

(b) Upon making such 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 that the division of land complies with the applicable provisions of this Code and the Subdivision Map Act.

(c) If the Community Development Director determines that such real property does not comply with the provisions of this Code or the Subdivision Map Act, he may, as a condition to granting a certificate of compliance, impose any of the conditions permitted by this Code or the Subdivision Map Act. The condition shall be set out in and recorded with the certificate. Such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance pursuant to this section or by a purchaser of such property owner. If such conditions are not fulfilled or implemented by the applicant property owner or the purchaser, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property, and any subsequent transferee

or assignee shall make a new application for a certificate of compliance pursuant to this section, and the City may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property. (d) A validly recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. It shall be at the discretion of the Community Development Director as to whether a conditional certificate of compliance or subdivision map is appropriate.

(e) A fee in the amount of the actual cost to the City shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required by the Community Development Director to be applied toward such fee.

(Ord. 744-NS, eff. April 17, 1980)

(a) Whenever the Community Development Director or City Engineer has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, he shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation (certificate of noncompliance), 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) The notice, specifying a time, date, and place at which the owner may present evidence to the Community Development Director and why the notice of violation should not be recorded, shall be mailed to the owner.

(c) If, after the owner has presented evidence, the Community Development Director determines there has been no violation, a release of the notice of intention to record a notice of violation shall be recorded with the County Recorder. If, however, the Community Development Director determines that there has been a violation, or if, within sixty (60) days after the receipt of such copy, the owner of real property fails to inform the Community Development Director of his objection to recording the notice of violation, the notice of violation shall be recorded with the County Recorder.

(d) The notice described in this section shall be deemed to be constructive notice, when recorded, of the violation to all successors in interest of the property.

(Ord. 744-NS, eff. April 17, 1980)

In accordance with the provisions and time limitations set forth in subsection (b) of Section 9-3.702 of Article 7 of this chapter, any interested person may appeal any decision of the Community Development Director to the Planning Commission and may appeal any decision of the Planning Commission to the Council.

(Ord. 744-NS, eff. April 17, 1980)