2009 California Government Code - Section 66499.32-66499.36 :: Article 2. Remedies

66499.32.  (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 division, or of the
provisions of local ordinances enacted pursuant to this division, is
voidable at the sole option of the grantee, buyer or person
contracting to purchase, his heirs, personal representative, or
trustee in insolvency or bankruptcy within one year after the date of
discovery of the violation of the provisions of this division or of
local ordinances enacted pursuant to the provisions of this division,
but 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 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 division or of local ordinances
enacted pursuant thereto, may, within one year of the date of
discovery of such violation, 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 of the provisions of this division or of
local ordinances enacted pursuant thereto and against any successors
in interest who have actual or constructive knowledge of such
division of property.
   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 Section 66499.35 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.

66499.33.  This division does not bar any legal, equitable or
summary remedy to which any aggrieved local agency or other public
agency, or any person, firm, or corporation may otherwise be
entitled, and any such local agency or other public agency, or such
person, firm, or corporation may file a suit in the superior court of
the county in which any real property attempted to be subdivided or
sold, leased, or financed in violation of this division or local
ordinance enacted pursuant thereto is located, to restrain or enjoin
any attempted or proposed subdivision or sale, lease, or financing in
violation of this division or local ordinance enacted pursuant
thereto.

66499.34.  No local agency shall issue any 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 division or of the provisions of local ordinances
enacted pursuant to this division if it finds that 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 or her interest in such real property.
   If a city or a county issues a permit or grants approval for the
development of any such real property, it may impose only those
conditions that would have been applicable to the division of the
property at the time the applicant acquired his or her interest in
such real property, and which has been established at such time by
this division or local ordinance enacted pursuant thereto, except
that where the applicant was the owner of record at the time of the
initial violation of the provisions of this division or of local
ordinances enacted pursuant thereto who, by a grant of the real
property created a parcel or parcels in violation of this division or
local ordinances enacted pursuant thereto, and such person is the
current owner of record of one or more of the parcels which were
created as a result of the grant in violation of the division or
local ordinances enacted pursuant thereto, then the local agency may
impose such conditions as would be applicable to a current division
of the property, and except that if a conditional certificate of
compliance has been filed for record under the provisions of
subdivision (b) of Section 66499.35, only such conditions stipulated
in that certificate shall be applicable.
   The issuance of a permit or grant of approval for development of
real property, or with respect to improvements that have been
completed prior to the time a permit or grant of approval for
development was required by local ordinances in effect at the time of
the improvement, or with respect to improvements that have been
completed in reliance upon a permit or grant of approval for
development, shall constitute "real property which has been approved
for development," for the purposes of subdivision (c) of Section
66499.35, and upon request by the person owning the real property or
a vendee of such person pursuant to a contract of sale, the local
agency shall issue a certificate of compliance for the affected real
property.

66499.35.  (a) Any person owning real property or a vendee of that
person pursuant to a contract of sale of the real property may
request, and a local agency shall determine, whether the real
property complies with the provisions of this division and of local
ordinances enacted pursuant to this division. If a local agency
determines that the real property complies, the city or the county
shall cause a certificate of compliance to be filed for record with
the recorder of the county in which the real property is located. The
certificate of compliance shall identify the real property and shall
state that the division of the real property complies with
applicable provisions of this division and of local ordinances
enacted pursuant to this division. The local agency may impose a
reasonable fee to cover the cost of issuing and recording the
certificate of compliance.
   (b) If a local agency determines that the real property does not
comply with the provisions of this division or of local ordinances
enacted pursuant to this division, it shall issue a conditional
certificate of compliance. A local agency may, as a condition to
granting a conditional certificate of compliance, impose any
conditions that would have been applicable to the division of the
property at the time the applicant acquired his or her interest
therein, and that had been established at that time by this division
or local ordinance enacted pursuant to this division, except that
where the applicant was the owner of record at the time of the
initial violation of the provisions of this division or of the local
ordinances who by a grant of the real property created a parcel or
parcels in violation of this division or local ordinances enacted
pursuant to this division, and the person is the current owner of
record of one or more of the parcels which were created as a result
of the grant in violation of this division or those local ordinances,
then the local agency may impose any conditions that would be
applicable to a current division of the property. Upon making the
determination and establishing the conditions, the city or county
shall cause a conditional certificate of compliance to be filed for
record with the recorder of the county in which the real property is
located. The certificate shall serve as notice to the property owner
or vendee who has applied for the certificate pursuant to this
section, a grantee of the property owner, or any subsequent
transferee or assignee of the property that the fulfillment and
implementation of these conditions shall be required prior to
subsequent issuance of a permit or other grant of approval for
development of the property.
   Compliance with these conditions shall not be required until the
time that a permit or other grant of approval for development of the
property is issued by the local agency.
   (c) A certificate of compliance shall be issued for any real
property that has been approved for development pursuant to Section
66499.34.
   (d) A recorded final map, parcel map, official map, or an approved
certificate of exception shall constitute a certificate of
compliance with respect to the parcels of real property described
therein.
   (e) An official map prepared pursuant to subdivision (b) of
Section 66499.52 shall constitute a certificate of compliance with
respect to the parcels of real property described therein and may be
filed for record, whether or not the parcels are contiguous, so long
as the parcels are within the same section or, with the approval of
the city engineer or county surveyor, within contiguous sections of
land.
   (f) (1) Each certificate of compliance or conditional certificate
of compliance shall include information the local agency deems
necessary, including, but not limited to, all of the following:
   (A) Name or names of owners of the parcel.
   (B) Assessor parcel number or numbers of the parcel.
   (C) The number of parcels for which the certificate of compliance
or conditional certificate of compliance is being issued and
recorded.
   (D) Legal description of the parcel or parcels for which the
certificate of compliance or conditional certificate of compliance is
being issued and recorded.
   (E) A notice stating as follows:
   This certificate relates only to issues of compliance or
noncompliance with the Subdivision Map Act and local ordinances
enacted pursuant thereto. The parcel described herein may be sold,
leased, or financed without further compliance with the Subdivision
Map Act or any local ordinance enacted pursuant thereto. Development
of the parcel may require issuance of a permit or permits, or other
grant or grants of approval.
   (F) Any conditions to be fulfilled and implemented prior to
subsequent issuance of a permit or other grant of approval for
development of the property, as specified in the conditional
certificate of compliance.
   (2) Local agencies may process applications for certificates of
compliance or conditional certificates of compliance concurrently and
may record a single certificate of compliance or a single
conditional certificate of compliance for multiple parcels. Where a
single certificate of compliance or conditional certificate of
compliance is certifying multiple parcels, each as to compliance with
the provisions of this division and with local ordinances enacted
pursuant thereto, the single certificate of compliance or conditional
certificate of compliance shall clearly identify, and distinguish
between, the descriptions of each parcel.

66499.36.  Whenever a local agency has knowledge that real property
has been divided in violation of the provisions of this division or
of local ordinances enacted pursuant to this division, it shall cause
to be mailed by certified mail to the then current owner of record
of the property a notice of intention to record a notice of
violation, describing the real property in detail, naming the owners
thereof, and stating that an opportunity will be given to the owner
to present evidence. The notice shall specify a time, date, and place
for a meeting at which the owner may present evidence to the
legislative body or advisory agency why the notice should not be
recorded. The notice shall also contain a description of the
violations and an explanation as to why the subject parcel is not
lawful under subdivision (a) or (b) of Section 66412.6.
   The meeting shall take place no sooner than 30 days and no later
than 60 days from date of mailing. If, within 15 days of receipt of
the notice, the owner of the real property fails to inform the local
agency of his or her objection to recording the notice of violation,
the legislative body or advisory agency shall record the notice of
violation with the county recorder. If, after the owner has presented
evidence, it is determined that there has been no violation, the
local agency shall mail a clearance letter to the then current owner
of record. If, however, after the owner has presented evidence, the
legislative body or advisory agency determines that the property has
in fact been illegally divided, the legislative body or advisory
agency shall record the notice of violation with the county recorder.
The notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all successors in interest in
such property. The county recorder shall index the names of the fee
owners in the general index.