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, their beneficiaries, personal representative, or trustee in solvency or bankruptcy, within one year after the date of discovery of the violation; 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 their assignee, beneficiary or devisee.

B. Any grantee, or their 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 they have 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.

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 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 their successor in interest under any other provision of law.

This section does 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 of Alameda County, to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this title. (Ord. 5793-NS § 2 (part), 1987)