(A) Voiding of conveyance. 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 Subdivision Map Act or this title, 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. 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) Action for damages. 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 the Subdivision Map Act or this title may, within one year after the date of discovery of the violation, bring an action in the Superior Court to recover any damages suffered by reason of the division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property.
(C) Withholding of permits and approvals.
(1) The county 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 Subdivision Map Act or this title if it finds that development of the real property is contrary to the public health or safety. The authority to deny the permit or approval shall apply whether the applicant therefor was the owner of record at the time of the violation or whether the applicant therefor is either the current owner of record or a vendee thereof pursuant to a contract of sale with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in the real property.
(2) If the county issues a permit or grants approval for the development of any such real property, the county may impose those conditions which would have been applicable to the division of the property at the time the applicant acquired his or her interest in the real property. If the applicant was the owner of record at the time of the initial violation, the county may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been recorded in accordance with the provisions of § 23.23.003, only those conditions stipulated in the certificate shall be applicable.
(D) Notice of violation.
(1) If the Planning Department has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, it shall cause to be mailed, by certified mail, a notice of intention to record a notice of violation to the then-current owner of record. The notice shall describe the property in detail, name the owners thereof, and shall specify the date, time and place for a hearing before the Planning Commission at which the owner may present evidence why the notice of violation should not be recorded. The notice shall describe the violation and shall also contain an explanation as to why the subject parcel is not lawful under Cal. Gov’t Code § 66412.6(a) or (b).
(2) The hearing shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the Planning Department a written objection to recording the notice of violation, the Planning Department shall file the notice of violation for record with the County Recorder. If, after the owner has presented evidence, the Planning Commission determines that there has been no violation, the Planning Department shall mail a clearance letter to the then-current owner of record. If, however, after the owner has presented evidence, the Planning Commission determines that the property has been illegally divided, the Planning Department shall record the notice of violation for record with the County Recorder.
(3) The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property.
(E) Remedies not exclusive. This section does not bar any legal, equitable or summary remedy to which the county or other public agency, or any person, firm or corporation may otherwise be entitled, and the county or other public agency, or the person, firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act or this title.
(1966 Code, § 17-91) (Ord. 617, § 2(part))