(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 Map Act or this title, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or any heirs, personal representative, or trustee in insolvency or bankruptcy thereof, within one year after the date of discovery of such violation in accordance with Cal. Gov’t Code § 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 Map Act or this title, may, within one year of the date of discovery of such violation, bring an action in the Superior Court of California, County of Riverside, 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 so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property in accordance with Cal. Gov’t Code § 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 of compliance, final map, or parcel map filed by the County Recorder, from and after the date of recording.
(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.
(E) 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 to restrain or enjoin any attempted or proposed subdivision or sale.
(F) 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 the Map Act or this title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit 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 thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
(G) If the city issues a permit or grants approval for the development of any real property illegally subdivided under the provisions of division (A) of this section, the city may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as 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 recordation in accordance with the provisions of Chapter 7.45 (Certificates of Compliance), only those conditions stipulated in that certificate shall be applicable in accordance with Cal. Gov’t Code § 66499.34.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)