Whenever the county assessor or the head of any city department finds that the provisions of this title or of the Subdivision Map Act have been violated, he or she shall report such violation to the city engineer, building inspector and planning director. It shall be the duty of the planning director to investigate such report and enforce the provisions of this title and the Subdivision Map Act.
When a map is filed with the city engineer pursuant only to the requirements of Chapter 15, Division 3 of the Business and Professions Code, the city engineer shall immediately submit to the planning director a print of such map. The planning director shall determine if such map constitutes or creates a subdivision. If it does not constitute or create a subdivision or if it does constitute a subdivision which conforms to a final division plat or approved adjustment plat or parcel map, the planning director shall so inform the city engineer. If the final map or parcel map or a final division plat or approved adjustment plat on file in the office of the county recorder, the planning director shall give written notice to the engineer or surveyor filing such map, that any sale, lease or transfer of property conforming to the parcel or parcels shown thereon will constitute a violation of this title. The city engineer shall not file such map until notice by the planning director that the provisions of this title have been complied with, or in the absence of such notification, until the last day required by law for filing.
Whenever the planning director has knowledge that real property has been divided, or has resulted from a division, in violation of the provisions of the Subdivision Map Act or city or San Diego County ordinances enacted pursuant thereto, applicable at the time such violation occurred, he or she shall cause to be filed for record with the county recorder a notice of violation. Such notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.
A. 
No building permit, grading permit, nor any other permit shall be issued, nor any approval granted, that is necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or city or San Diego County ordinances enacted pursuant thereto applicable at the time such division occurred, unless the planning director, or, on appeal, the city council, finds that development of such real property is not contrary to the public health or public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property.
B. 
Upon receipt of a written notification from the permit issuing authority, or the body authorized to grant approval, that a permit or approval is being sought to develop real property which has been subdivided, or which has resulted from a division, in violation of the Subdivision Map Act or city or San Diego County ordinances enacted pursuant thereto, or upon receipt of a written request from the owner of such real property, the planning director, or, on appeal, the city council, shall determine whether such real property is or is not approved for development and shall so inform the owner thereof and the authority or body which has originated the notification. If it is determined that such real property is approved for development, the planning director or the city council, whichever has made such determination, may impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and are appropriate to satisfy public health and safety considerations and other considerations as are specified in subsection C of this section, and the planning director shall cause a certificate of compliance relative to the subject real property and reflecting such conditions to be filed with the county recorder pursuant to Section 16.20.050 of this chapter.
C. 
In determining whether approval or conditional approval should be granted for development of real property divided, or resulting from a division, in violation of the Subdivision Map Act or city or San Diego county ordinances enacted pursuant thereto, the planning director or city council shall give consideration to the following factors:
1. 
Whether the owner of the real property can rescind the agreement by which he or she acquired the real property and recover the consideration paid therefor.
2. 
Whether the real property meets the requirements of the applicable zoning regulations.
3. 
Whether the real property is served by a public sewer or is approved by the health department for installation of a sewer disposal system in accordance with the septic tank ordinance, Chapter 13.24.
4. 
Whether the real property has a potable water supply satisfactory to the director of public health.
5. 
Whether the real property has legal access to a city-maintained road.
6. 
Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or city or San Diego County ordinances enacted pursuant thereto, had the subdivision, by which the real property was created, been submitted for approval at the time the current owner acquired the property.
A. 
Any owner of real property may request in writing that the planning director make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. Within fifty days after receipt of such written request, the planning director shall make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto, or that such real property does not comply with such provisions, and shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance.
B. 
If the subject real property is found to be in compliance with the Subdivision Map Act and city ordinances enacted pursuant thereto, the planning director shall cause a certificate of compliance, relative to such real property, to be filed for record with the county recorder.
C. 
Certificates of compliance shall be issued only for real property that satisfies at least one of the following conditions:
1. 
Was divided, or resulted from a division, in compliance with city or San Diego County ordinances regulating the division of real property and the Subdivision Map Act applicable at the time such real property was divided or resulted from such division.
2. 
Has been approved for development pursuant to Section 16.20.040 of this chapter. Such certificates of compliance may be granted subject to conditions as specified in Section 16.20.040 and such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance or by a grantee of such property owner. If such conditions are not fulfilled or implemented by the applicant property owner or the grantee, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property, and any subsequent transferee or assignee shall make a new application for a certificate of compliance and the certificate of compliance shall be subject to such conditions as would have been applicable at the time such assignee or transferee acquired the property. In any case, no permit or other approval necessary to develop such real property shall be issued or granted until such conditions have been fulfilled and implemented.