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 to determine whether such real property complies with the provisions of the Subdivision Map Act and of this chapter. Applications for such determinations shall be filed with the City Engineer 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 by a property owner for the issuance of a certificate of compliance, the city engineer shall commence a review of the request to determine whether the property or the division thereof complies with the provisions of the state Subdivision Map Act and this chapter, and whether a certificate of compliance shall be issued in accordance with Section 66499.35 of the Subdivision Map Act.

C. A certificate of compliance when issued shall be issued 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 division thereof complies with applicable provisions of the Subdivision Map Act and of this title. In addition, if the certificate of compliance is issued conditionally, it shall specify such conditions.

E. If the city engineer determines that 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, he shall deny the application for a certificate of compliance. Notice of denial of the application for a certificate of compliance shall be mailed to the applicant advising him of his right to appeal the decision to the city council and further advising that unless such an appeal is filed in writing within ten days or application is made for approval of final or parcel map, notice of violation procedures shall be initiated.

F. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of property described therein. (Ord. 250 §8.11, 1981)

16.36.030 Appeals.

Any decision of the subdivision committee regarding a notice of violation or certificate of compliance may be appealed to the city council within ten days of the mailing of notice of the committee’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. 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 advisory agency which shall review the report.

A. If the advisory agency finds the circumstances warrant, it shall set for hearing before the advisory agency the question 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.

C. The planning commission secretary shall notify the city attorney of all hearings to be held with respect to notices of violation and certificates of compliance. The city attorney shall attend such hearings to advise the planning commission on legal matters.

D. Such hearings or the advisory agency’s deliberations on the evidence after close of the hearing may be continued from time to time, not to exceed sixty days. (Ord. 250 §8.12, 1981)

16.36.050 Violation--Penalty.

Violation of any of the provisions of this title constitutes an infraction. Every person convicted of an infraction for a violation of this title shall be punished upon a first conviction by a fine not exceeding fifty dollars and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars and for a third or any subsequent conviction within a period of two years by a fine not exceeding two hundred fifty dollars. (Ord. 250 §3.14, 1981)