A. Nothing in this chapter or in any other provision of this title shall bar any legal, equitable or summary remedy to which the city, any other public agency, or any person, firm or corporation may otherwise be entitled. The city, such other public agency, or such person, firm or corporation may file a suit in the superior court of Fresno County to restrain or enjoin any attempted or proposed subdivision or financing, lease or sale in violation of the subdivision map act or this title.
B. 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 title or the subdivision map act if the city finds that such development would be contrary to public health or safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record of the property at the time of the violation or whether the applicant is the current owner of record of the property, or a vendee of the current owner of record pursuant to a contract of sale for the property with, or without, actual or constructive knowledge of the violation at the time of acquiring his interest in the property.
C. If the city issues a permit or grants approval for the development of any property subdivided, financed, sold or leased in violation of this title or the subdivision map act, the city may impose those conditions which would have been applicable to division of the property at the time the applicant acquired his interest in the property. However, if the applicant was the owner of record at the time of the initial violation, and by grant created a parcel or parcels in violation of this title or the subdivision map act, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated therein shall be applicable. (Ord. 2000-05, 4-25-2000)