Chapter 16.36
COMPLIANCE--VIOLATIONS

Sections:

16.36.010    Illegally created parcels.

16.36.020    Certificates of compliance.

16.36.030    Appeals.

16.36.040    Violation--Notice.

16.36.050    Violation--Penalty.

16.36.010 Illegally created parcels.

In accordance with Section 65499.34 of the Subdivision Map Act, no permit shall be issued for the development of illegally created parcels. (Ord. 250 §8.10, 1981)

16.36.020 Certificates of compliance.

A.    Any person owning real property may request the city determine whether such real property complies with the provisions of the Subdivision Map Act and this chapter. Applications for such determinations shall be filed with the city surveyor and shall contain a plot plan of the property and all record deed and maps pertaining to the property together with a fee established by resolution of the city council.

B.    Within fifteen days of a filing of a request for a certificate of compliance, the city surveyor shall commence review to determine whether the property or the division thereof complies with the provisions of the Subdivision Map Act, this chapter, and, whether a certificate of compliance may be issued in accordance with Section 66499.35 of the Subdivision Map Act.

C.    A certificate of compliance when issued shall be issued by the city surveyor in accordance with Section 66499.34 of the Subdivision Map Act.

D.    Any certificate of compliance recorded pursuant to this chapter shall identify the real property and shall state that the parcel(s) complies with applicable provisions of the Subdivision Map Act and of this title. A certificate of compliance may be issued conditionally and shall specify such conditions.

E.    When the city surveyor determines such real property does not comply with the provisions of the Subdivision Map Act or local ordinance and that conditions cannot be imposed to protect the public health and public safety, the application for a certificate of compliance shall be denied. A notice of denial shall be mailed to the applicant advising of the right to appeal the decision to the city council per Section 16.36.030 and, unless such an appeal is filed in writing within ten days, a notice of violation procedure shall be initiated.

F.    A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of property set forth thereon. (Ord. 489 §9, 2019: Ord. 250 §8.11, 1981)

16.36.030 Appeals.

Any decision of the city surveyor regarding "notice of violation" or "certificate of compliance" may be appealed to the city council within ten days of the mailing of notice of the surveyor’s decision thereon, pursuant to Section 16.12.080. No notice of violation or certificate of compliance shall be recorded until the decision thereon has become final. (Ord. 489 §10, 2019: Ord. 250 §8.13, 1981)

16.36.040 Violation--Notice.

In accordance with Section 66499.36 of the Subdivision Map Act, whenever any city officer has knowledge that real property may have been divided in violation of the provisions of the Subdivision Map Act or of this title, he shall report such knowledge to the city planner which shall review the report.

A.    When the city planner finds the circumstances warrant, a hearing shall be set before the city council to determine whether or not there has been a division of land in violation of the Subdivision Map Act or this chapter, and whether a notice of violation shall be recorded in the office of the county recorder.

B.    When a notice of violation is required it shall be filed for record with the county recorder in accordance with Section 66499.36 of the Subdivision Map Act. (Ord. 489 §11, 2019: Ord. 250 §8.12, 1981)

16.36.050 Violation--Penalty.

Violation of any of the provisions of this title constitutes an infraction. (Ord. 514 §3 (Att. G), 2021; Ord. 250 §3.14, 1981)