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(a) Violations. A person who violates any provision of this Division shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 86.09 of this Development Code (Enforcement).
(1) Prohibition on Transfers.
(A) No person shall sell, lease, or finance any parcel or portion of a parcel of real property, or commence construction of any building for sale, lease, or financing on a parcel, except for model homes, or allow occupancy, for which a Parcel or Final Map is required by this Division and the Map Act, until a map in full compliance with this Division has been filed for record by the County Recorder.
(B) Conveyance of any part of a division of real property for which a Final or Parcel Map is required by this Division shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder.
(2) Prohibition on Issuance of Permits.
(A) No officer, board, commission, agency, department, or special district of the County shall issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of this Division if it finds or is informed by the Director that development of the real property is contrary to the public health and safety. Before making a finding that the development of the real property is contrary to the public health and safety, the Director shall conduct a review.
(B) At the review, the Director shall consider all information and evidence submitted. The decision of the Director may be appealed in compliance with Map Act § 66452.5 to the Commission by any aggrieved person, or by a County officer, board, department, or agency. The authority to disapprove the permit or requested approval shall apply whether the applicant was the owner of the real property at the time of the violation, or whether the applicant, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of the violation, at the time of the acquisition of their interest in the real property. If any County officer, board, commission, agency, department, or special district issues any permit or grants approval for the development of real property, it may request a report from the Director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.
(C) For parcels created before March 4, 1972, notice of the review shall be given by registered mail to the owner of the real property as shown on the latest equalized assessment roll book. The review shall be held not less than 14 days nor more than 30 days after receipt by the owner of the notice of review.
(3) Statement of Limitations. This Section does not apply to any parcel of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(c) Remedies. If construction activity on property subject to a Parcel or Final Map is occurring contrary to the Map Act, a requirement of the Map, or any other Federal, State, or local law, rule, or ordinance, the Director may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the Director to proceed. For the purposes of this Section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal.
(Ord. 4011, passed - -2007)