The following remedies are available pursuant to the provisions of this Subsection.
A. Voiding of Sale by Grantee. 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 Title is voidable at the sole option of the grantee, buyer or person contracting to purchase, heirs, personal representative or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation of the provisions of this Subsection but 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 any assignee, heir or devisee.
B. Superior Court Action by Grantee. 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 Title may, within one (1) year of the date of discovery of such, violation 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 of the provisions of this Title and against any successors in interest who have actual or constructive knowledge of such a division of property.
C. Statement of Limitations. 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 Chapter 16.36, or identified in a recorded final subdivision map, parcel map or official map 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.
This Section does not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled. Any such local agency or other public agency, or such person, firm or corporation may file a suit regarding any real property attempted to be subdivided or sold, leased or financed in violation of this Title, or to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this Title, in the Superior Court of the County of San Bernardino.
D. Request for Certificate of Compliance. Any person owning real property may request a certificate of compliance in accordance with the provisions of Chapter 16.36.
E. Notice of Violation. Whenever the planning director has knowledge that real property has been divided in violation of the provisions of this Subsection then within the guidelines set forth by the City Attorney, the planning director shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place at which the owner may present evidence to the planning agency why such notice should not be recorded. The notice shall also contain a description of the violation(s) and an explanation as to why the subject parcel is not lawful under the subdivision (a) or (b) of Government Code Section 66412.6. Evidence shall be presented by the owner to the planning agency no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If, after the owner has presented evidence, it is determined that there has been no violation, the planning director shall cause to be filed for record with the County Recorder a release of the notice of intention to record a notice of violation. If, however, after the owner has presented evidence, the planning agency determines that the property has in fact been illegally divided, or if within fifteen (15) days of receipt of such copy the owner of such real property fails to inform the planning agency of his objection to recording the notice of violation, the planning agency shall cause to be filed for record with the County Recorder the notice of violation. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.