Chapter 16.22
ENFORCEMENT
Sections:
16.22.010 Compliance with chapter required.
16.22.040 Certificate of compliance.
16.22.050 Notice of violation.
16.22.060 Penalty for violation.
16.22.010 Compliance with chapter 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 City. Any such permit or authorization issued without such prior compliance shall render the permit or authorization void.
16.22.020 Prohibition.
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 State 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 recording. 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.
16.22.030 Remedies.
A. A violation of this title is a public nuisance.
B. The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the State Subdivision Map Act or this title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
C. If the City issues a permit or grants approval for the development of any real property illegally subdivided, the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of CMC 16.22.040, only those conditions stipulated in that certificate shall be applicable.
16.22.040 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 City Engineer and Director of Planning and Building make a determination whether such property does or does not comply with the provisions of the State Subdivision Map Act and this title. The property owner or vendee shall be entitled to present any facts or documents to the City. If a determination of compliance is made the City Engineer shall cause a certificate of compliance to be filed with the County Recorder.
B. If the Director of Planning and Building and City Engineer determine that such real property does not comply with the provisions of this title or State Subdivision Map Act, or wish to refer the decision to the Planning Commission, the Director of Planning and Building shall set the issue before the Planning Commission. If a determination of compliance is made, the Planning Commission shall cause a certificate of compliance to be filed with the County Recorder. If the Planning Commission determines that such real property does not comply with this title or the State Subdivision Map Act, the Planning Commission may, as a condition to granting a certificate of compliance, impose conditions in accordance with CMC 16.22.030(C). Upon the Planning Commission making such a determination and establishing such conditions, the Director of Planning and Building shall issue a conditional certificate of compliance which shall be filed with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that fulfillment and implementation of the conditions set forth in the certificate shall be required prior to the subsequent issuance of a permit or other grant or approval for the development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.
C. A final map or parcel map filed for record shall constitute a certificate of compliance with respect to the lots created therein.
16.22.050 Notice of violation.
If the Planning Department has knowledge that real property has been divided in violation of the provisions of the State Subdivision Map Act or this title, a notice of intention to record a notice of violation shall be mailed by the Department by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Sections 66412.6(a) and (b) of the State Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the Director of Planning and Building and City Attorney why a notice of violation should not be recorded.
The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the Department a written objection to recording the notice of violation, the Department shall file the notice of violation for record with the County Recorder. If, after the owner has presented evidence, staff determines that there has been no violation, the Department shall mail a clearance letter to the then-current owner of record. If, however, after the owner has presented evidence, staff determines that the property has in fact been illegally divided, the Department shall record the notice of violation for record with the County Recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
16.22.060 Penalty for violation.
Every violation of this title is a misdemeanor.