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(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 this chapter or the Subdivision Map Act shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of the discovery of the violation, but the deed of conveyance, sale, or contract to sell shall be 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 assignee, heir, or devisee.
(b) Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this chapter or the Subdivision Map Act, within one year of the date of the discovery of such violation, may bring an action in the Superior Court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.
(c) The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to this Code and Section 66499.35 of the Subdivision Map Act, or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.
(d) This section shall 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 for sale, lease, or financing in violation of this chapter.
(e) The City shall not issue a permit or 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 chapter or the Subdivision Map Act if the City finds that the development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval 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 of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.
The City, in issuing a permit or granting approval for the development of any such real property, may impose such additional conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property.
(f) Whenever any construction activity, including grading or earth moving, is being done on any property for which an approved final map exists contrary to the provisions of this chapter or any approval of the map, the Community Development Director may order the activity stopped by notice in writing served on any person engaged in doing or causing such activity to be carried out, and any such person shall forthwith stop the activity until authorized by the Community Development Director to proceed.
(Ord. 744-NS, eff. April 17, 1980)