(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 or parcel map is required by the Subdivision Map Act or this title, until such 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) 
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.
(c) 
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.
(d) 
Nothing contained in subsection (a) 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. (Reference: Government Code Section 66499.30).
(Ord. 94-29, eff. 12/15/94)
(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, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy 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. (Reference: Government Code Section 66499.32(a)).
(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 the Subdivision Map Act or this title, may, within one year of the date of discovery of such violation, bring an action in 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 any constructive knowledge of such division of property. (Reference: Government Code Section 66499.32(b)).
(c) 
The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a Certificate or Conditional Certificate of Compliance filed pursuant to Section 11-11.04 of this title, or identified in a recorded final map or parcel map, from and after the date of recordation. (Reference: Government Code Section 66499.32(b)).
(d) 
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. (Reference: Government Code Section 66499.32(b)).
(e) 
This division does 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 any person, firm, or corporation, may file a suit in 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. (Reference: Government Code Section 66499.33).
(f) 
The City shall not issue any permit or grant of 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 the City 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 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 or her interest in such real property.
(g) 
If the City issues a permit or grants approval for the development of any such real property, the City may impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at such time by the Subdivision Map Act or this title. Where the applicant was the owner of record at the time of the initial violation, the City 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 Section 11-11.04 of this title, only those conditions stipulated in that Certificate shall be applicable. (Reference: Government Code Section 66499.34).
(Ord. 94-29, eff. 12/15/94)
(a) 
Notice of Intention to Record a Notice of Violation.
(1) 
If the City 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 Director of Community Development by certified mail to the current owner of record. The notice shall describe the property in detail, name the owner(s), 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 Government Code Section 66412.6(a) and (b). The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the Director of Community Development on why a Notice of Violation should not be recorded.
(2) 
If, within 14 calendar days of receipt of the Notice of Intention to Record a Notice of Violation, the owner fails to file with the Director of Community Development a written objection to recording the Notice of Violation, the Director shall file the Notice of Violation for record with the County Recorder.
(b) 
Notice of Violation Meeting.
(1) 
If the owner files a written objection to the filing of the Notice of Violation within 14 calendar days, a meeting shall be held no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing the Notice of Intention to Record a Notice of Violation. At the meeting, the owner may present evidence describing why a Notice of Violation should not be recorded. If, after the owner has presented evidence, the Director of Community Development determines that there has been no violation, the Director shall mail a clearance letter to the then current owner of record. If, after the owner has presented evidence, the Director determines that the property has in fact been illegally divided, the Director shall record the Notice of Violation for record with the County Recorder.
(2) 
The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
(c) 
Appeal Procedures.
Actions of the Director of Community Development and of the Planning Commission may be appealed in accordance with Section 11-13.04 of this title. (Reference: Government Code Section 66499.36).
(Ord. 94-29, eff. 12/15/94)
Each violation of the Subdivision Map Act or this title by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment not exceeding one year in duration in the County jail or the state prison, by a fine not exceeding $10,000, or by both the fine and imprisonment. Every other violation of the Subdivision Map Act or this title is a misdemeanor. (Reference: Government Code Section 66499.31).
(Ord. 94-29, eff. 12/15/94)