This Section shall provide the prohibition and penalty provisions of this Title.
A. Prohibition on Transfers. No person shall sell, lease or finance any parcel or portion of 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 this Title and the Subdivision Map Act, until such map thereof in full compliance with the provisions of this Title has been filed for record by the County Recorder.
1. Conveyance of any part of a division of real property for which a final or parcel map is required by this Title 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.
2. A parcel created prior to March 4, 1972, in violation of the provisions of this Title for which a permit or other grant of approval for development has not been issued, shall be conclusively presumed to be a legal parcel for purposes of sale by other than the owner of record at the time the violation occurred, if each of the following conditions are met:
a. The seller gives written notice to the buyer as follows:
NOTICE: This parcel has been created in violation of the Subdivision Map Act. You must obtain a certificate of compliance or conditional certificate of compliance prior to obtaining a permit or other grant of approval for development of the parcel. The conditions imposed may significantly restrict your ability to develop the parcel.
b. At the time of sale, the seller causes to be filed for record with the County Recorder the notice required by Section 16.04.080.A.2.a., including a detailed description of the real property, the name of the seller and the name of the buyer. If the seller fails to give the notice required by Section 16.04.080.A.2.a., the buyer shall have those remedies provided by Sections 16.04.090.A. and B.
3. Buyers of land affected by the provisions of this Subsection shall obtain a certificate of compliance or a conditional certificate of compliance pursuant to Chapter 16.36 prior to obtaining a permit or other grant of approval for development of the parcel or unit of land.
B. Prohibition on Issuance of Permits. No officer, board, commission, agency, department, special district or authority of the City shall issue any 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 this Title if it finds or is informed by the planning director that development of such real property is contrary to the public health and safety. Prior to making such a finding that the development of such real property is contrary to the public health and safety, the planning director shall conduct a review.
1. At the review, the planning director shall consider all information and evidence submitted. The decision of the planning director may be appealed therefrom, within thirty (30) days, to the Planning Commission by any person aggrieved, or by an officer, board, department or agency of the City. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of the real property at the time of such violation, or whether the applicant therefor, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of such violation, at the time of the acquisition of his interest in such real property. If any officer, board, commission, agency, department, special district or authority of the City issues any permit or grants approval for the development of any such real property, it may request a report from the planning director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.
2. For parcels created before March 4, 1972, notice of the review shall be given, by registered mail, to the owner of such real property as shown on the latest equalized assessment roll book. The review shall be held not less than fourteen (14) days nor more than thirty (30) days after receipt by the owner of the notice of review.
C. Statement of Limitations. This Section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.