(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 State Subdivision Map Act is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation, 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 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 State Subdivision Map Act may, within one 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 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 Cal. Gov't Code § 66499.35 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 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 such person, firm or corporation may file a suit in the Superior Court of the county 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 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 chapter or the State Subdivision Map Act if it 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 the real property at the time of such violation or whether the applicant therefor is the current owner 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.
(F) The city, in issuing a permit or granting approval for the development of any such real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which has been established at such time by this division or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this subchapter, only such conditions stipulated shall be applicable.
('63 Code, § 10-4.1102) (Ord. 416-C.S., passed 12-6-84)