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(a) It is unlawful for any person, firm, corporation, partnership or association to offer or contract to sell, lease, finance, or construct any building for sale, lease or financing on any parcel or parcels of real property for which a Final Map or a Parcel Map is required unless and until a Final Map or Parcel Map in full compliance with the provisions of this Code and SMA, has been duly recorded in the office of the Recorder. This Section does not prohibit an offer or contract to sell, lease, or finance any parcel or parcels of real property where the sale, lease or financing is expressly conditioned upon the filing, approval and recordation of a Final or Parcel Map, where the SMA otherwise allows an offer or contract to sell, lease, or finance, or where the SMA is inapplicable.
(b) All departments, officials and public employees of the City, City Agencies or the agency vested with the duty or authority to approve or issue permits, shall act consistent with the provisions of this Code, the Plan, and the Plan Documents and shall neither approve nor issue any permit or license for use, construction, or purpose in conflict with the provisions of this Code, the Plan and the Plan Documents. Any such permit or license issued in conflict with the provisions of this Code, Plan and the Plan Documents shall be null and void. No conditions shall be imposed on or in connection with Tentative Maps, Vesting Tentative Maps, Parcel Maps or Final Maps, including improvements plans and Improvement Agreements, that conflict with the Plan and Plan Documents.
(c) Any Subdivider, agent of a Subdivider, successor in interest of a Subdivider, tenant, purchaser, builder, contractor or other person who violates any of the provisions of this Code or any conditions imposed pursuant to this Code, or who knowingly submits incorrect information to endeavor to mislead or misdirect efforts by City Agencies in the administration of this Code, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(d) The Director shall have the authority to enforce this Code against violations thereof in accordance with Chapter 7, Sections 66499.30 et seq. of the SMA. 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 Code or the SMA if it finds that development of the real property is contrary to the public health, safety or welfare. The authority to deny a permit or approval shall apply whether the Applicant was the owner of the real property at the time of the violation or whether the Applicant 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 interest in the real property. Whenever the City has knowledge that property has been divided in violation of the provisions of the SMA or this Code, the Director shall process a notice of violation and meet and confer with the owner pursuant to SMA Section 66499.36.
(Added by Ord. 304-04, File No. 041544, App. 12/24/2004; Ord. 209-10, File No. 100661, App. 8/3/2010)