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(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 or her 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 or her assignee, heir, or devisee.
(B) Any grantee, or his or her 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 or she has suffered by reason of such division of property. The action may be brought against the person who divided the property real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present evidence. At least 30 days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date, and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
('61 Code, § 10-2.1002) (Ord. 252 C.S., passed 8-3-81)
(A) Any person owning real property within the city may request the City Engineer to determine whether such real property complies with the provisions of this chapter and the State Subdivision Map Act.
(B) Upon making such determination, the City Engineer shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance will identify the real property and shall state that the division of land complies with applicable provisions of the City Municipal Code and the Statue Subdivision Map Act.
(C) Compliance.
(1) If the City Engineer determines that such real property does not comply with the provisions of the Municipal Code or State Subdivision Map Act, he or she may, as a condition to granting a certificate of compliance, impose such 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 had been established at such time by ordinance, Upon making such a determination and establishing such conditions, the City Engineer or authorized representative shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
(2) Compliance with such conditions shall not be required until such time as a permit or grant of approval for development of such property is issued.
(D) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(E) For the purposed of administration of this section, any parcel that is shown on the County Assessor's maps prior to 1960 shall be considered as a conforming parcel.
(F) A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.
('61 Code, § 10-2.1003) (Ord. 252 C.S., passed 8-3-81)
Whenever the City Engineer or an authorized representative has knowledge that real property has been divided in violation of the provisions of this chapter or the State Subdivision Map Act, he or she shall cause to be filed for record with the recorder of the county a tentative notice of violation, "Certificate of Non-compliance," describing the real property in detail, naming the owners thereof, and describing the violation and stating that an opportunity will be given to the owner to present evidence. At least 30 days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date, and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the County Recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
('61 Code, § 10-2.1004) (Ord. 252 C.S., passed 8-3-81)
PARCEL MERGERS
Two or more contiguous parcels or units of land which have been subdivided under the provisions of this chapter or the State Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this chapter shall be required, for the purpose of sale, lease, or financing, except as provided by this subchapter.
('61 Code, § 10-2.1101) (Ord. 252 C.S., passed 8-3-81)
If any one of two or more contiguous parcels or units held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one parcel or unit has not been developed with a building for which a building permit is required, then such parcels shall be considered as merged for the purpose of this chapter.
('61 Code, § 10-2.1102) (Ord. 252 C.S., passed 8-3-81)
(A) Whenever the City Engineer or an authorized representative has knowledge that real property has merged pursuant to this subchapter, he or she shall cause to be filed with the County Recorder a notice of merger. At least 30 days prior to recording of notice, the owner of the parcels or units shall be advised in writing of the intention to record such notice.
(B) The notification to the owner shall specify a time, date, and place at which the owner may present evidence as to why the notice of merger should not be recorded.
(C) The notice of merger to be recorded shall specify the names of the record owners and shall describe the property to be merged.
('61 Code, § 10-2.1103) (Ord. 252 C.S., passed 8-3-81)
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