§ 16.15.020. Remedies.

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 title or the Subdivision Map Act, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, any heir, 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 any assignee, heir, or devisee. (G.C. 66499.32)

B.

Any grantee, or successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Subdivision Map Act may, within one year of the date of discovery of such 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 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 Section 16.15.030 or identified in a recorded final 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 successor in interest under any other provision of law.

D.

This section does not bar any legal, equitable, or summary remedy to which the town or other public agency, or any person, firm, or corporation may otherwise be entitled, and the town or other public agency, or any person, firm or corporation may file a suit in the Superior Court of Butte County to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this title. (G.C. 66499.33)

E.

The town 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 title or the Subdivision Map Act if it finds that development of the real property is contrary to the public health or the public safety. 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 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 interest in the real property. The town, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the town may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated shall be applicable. (G.C. 66499.34 and 66499.35) (Ord. 203 §2(part), 1990)