SECTIONS 66499.30-66499.31 - California Statutes

GOVERNMENT CODE

SECTION 66499.30-66499.31

66499.30. (a) No person shall sell, lease, or finance any parcel or
parcels of real property or commence construction of any building
for sale, lease or financing thereon, except for model homes, or
allow occupancy thereof, for which a final map is required by this
division or local ordinance, until the final map thereof in full
compliance with this division and any local ordinance has been filed
for record by the recorder of the county in which any portion of the
subdivision is located.
(b) No person shall sell, lease or finance any parcel or parcels
of real property or commence construction of any building for sale,
lease or financing thereon, except for model homes, or allow
occupancy thereof, for which a parcel map is required by this
division or local ordinance, until the parcel map thereof in full
compliance with this division and any local ordinance has been filed
for record by the recorder of the county in which any portion of the
subdivision is located.
(c) Conveyances of any part of a division of real property for
which a final or parcel map is required by this division or local
ordinance shall not be made by parcel or block number, initial or
other designation, unless and until the final or parcel map has been
filed for record by the recorder of the county in which any portion
of the subdivision is located.
(d) Subdivisions (a), (b), and (c) do not apply to any parcel or
parcels of a subdivision offered for sale or lease, contracted for
sale or lease, or sold or leased in compliance with or exempt from
any law (including a local ordinance), regulating the design and
improvement of subdivisions in effect at the time the subdivision was
established.
(e) Nothing contained in subdivisions (a) and (b) shall be deemed
to prohibit an offer or contract to sell, lease, or finance real
property or to construct improvements thereon where the sale, lease,
or financing, or the commencement of construction, is expressly
conditioned upon the approval and filing of a final subdivision map
or parcel map, as required under this division.
(f) Nothing in subdivisions (a) to (e), inclusive, shall in any
way modify or affect Section 11018.2 of the Business and Professions
Code.
(g) For purposes of this section, the limitation period for
commencing an action, either civil or criminal, against the
subdivider or an owner of record at the time of a violation of this
division or of a local ordinance enacted pursuant to this division,
shall be tolled for any time period during which there is no
constructive notice of the transaction constituting the violation,
because the owner of record, at the time of the violation or at any
time thereafter, failed to record a deed, lease, or financing
document with the county recorder.

66499.31. Each violation of this division by a person who is the
subdivider or an owner of record, at the time of the violation, of
property involved in the violation shall be punishable by
imprisonment in the county jail not exceeding one year or in the
state prison, by a fine not exceeding ten thousand dollars ($10,000),
or by both that fine and imprisonment. Every other violation of this
division is a misdemeanor.