Chapter 17.15
ENFORCEMENT
Sections:
17.15.010 Compliance with title required.
17.15.040 Certificate of compliance.
17.15.050 Notice of violation.
17.15.010 Compliance with title required.
Compliance with the appropriate provisions of this title is a condition precedent to the issuance of a building permit, zoning permit, use permit, variance permit, or any other land use approval by any person authorized to issue such permits or authorizations for the county. Any such permit or authorization issued without such prior compliance shall render the permit or authorization void. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.15.020 Prohibitions.
A. No person shall sell, lease, finance, convey, transfer or gift any parcel or parcels of real property or commence construction of any building for sale, lease, financing, conveyance, transfer or gift thereon, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by this title, or the Subdivision Map Act, until such map, in full compliance with the provisions of this title and the State Subdivision Map Act, has been filed with the county recorder for record. However, nothing herein shall be deemed to prohibit an offer or contract to sell, lease, finance or otherwise transfer or convey real property or to construct improvements thereon where the offer or construction is expressly conditioned upon the filing of a final or parcel map, as required by this title.
B. Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the county recorder.
C. This section does not apply to any parcel or parcels of a subdivision sold, leased, conveyed or transferred in compliance with or exempt from all laws and ordinances regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.15.030 Remedies.
A violation of this title is a public nuisance. In addition to any penalties provided in this code, such nuisance may be abated by the county and the county may also employ any legal, equitable or summary remedy to which it is entitled including, without limitation, those remedies set forth in the Subdivision Map Act. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.15.040 Certificate of compliance.
A. Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the community development director make a determination whether such property does or does not comply with the provisions of the Subdivision Map Act and this title. The property owner or vendee shall be entitled to present any facts or documents to the community development director, who shall cause a certificate of compliance to be filed with the county recorder.
B. If the community development director determines that such real property does not comply with the provisions of this title or Subdivision Map Act, or if the community development director determines that there are sufficient issues in controversy to warrant a hearing, the community development director shall set the issue for hearing before the planning commission. If, following the hearing, a determination of compliance is made, the community development director shall cause a certificate of compliance to be filed with the county recorder. If, following the hearing, a determination of noncompliance is made, the community development director shall cause a conditional certificate of compliance to be filed with the county recorder. The recordation of a conditional certificate of compliance shall serve as notice to the property owner, or any subsequent property owner, that fulfillment and implementation of the conditions set forth in the certificate shall be required prior to the subsequent issuance of a permit or grant or approval for the development of the property.
C. A final map or parcel map filed for record shall constitute a certificate of compliance with respect to the lots created therein. (Ord. 709 § 1 (Exh. A) (part), 2014)
17.15.050 Notice of violation.
Whenever the community development director has knowledge that real property has been divided in violation of the provisions of this title or the Subdivision Map Act, the director shall cause to be filed with the county recorder a tentative notice of violation describing the real property, naming the owners thereof and describing the violation and stating that an opportunity will be given to provide evidence to the planning commission why a final notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the community development director shall file a release of the tentative notice with the county recorder. If, however, it is determined that there has been a violation, or if the property owner fails to object within sixty days of receipt of such notice, a final notice of violation shall be filed with the county recorder. Recordation of the tentative and final notice shall be deemed to be constructive notice of the violation(s) to all successors in interest in such property. (Ord. 709 § 1 (Exh. A) (part), 2014)