30-87 - ENFORCEMENT.

The prohibitions in Section 66499.30 of the Subdivision Map Act shall apply to the sale, lease, financing, construction or occupancy of any parcel or parcels of real property in the City of Alameda until and unless all applicable requirements of this title and the Subdivision Map Act have been complied with.

(Ord. No. 3369 N.S., 5-7-2024)

Penalties for violation of this title or the Subdivision Map Act shall be as provided in Government Code Section 66499.31.

(Ord. No. 3369 N.S., 5-7-2024)

Remedies and procedures for violations shall be as set forth in Sections 66499.32, 66499.33, 66499.34 and 66499.36 of the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

30-87.4 - Certificate of Compliance.

a.

A person owning real property or a buyer under a contract of sale may request a certificate of compliance from the City Engineer indicating whether the real property complies with the provisions of the Subdivision Map Act and this chapter. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property.

b.

If the City Engineer determines that the real property complies with the provisions of the Subdivision Map Act and this chapter, the City Engineer shall file a certificate of compliance for recording with the Alameda County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this chapter.

c.

If the City Engineer determines that the real property does not comply with the provisions of the Subdivision Map Act or this chapter, the City Engineer may, as a condition to granting a certificate of compliance, impose conditions in accordance with Section 66499.35(b) of the Subdivision Map Act. Upon the City Engineer's making such a determination and establishing such conditions, the City Engineer shall file a conditional certificate of compliance for record with the Alameda County Recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions is not required until the City issues a permit or other grant of approval for development of the property.

d.

A recorded final map or parcel map constitutes a certificate of compliance with respect to the parcels of real property described on the map.

e.

The applicant for a certificate of compliance shall pay the City a fee to cover the reasonable cost of processing the application as set forth in the Master Fee Schedule.

(Ord. No. 3369 N.S., 5-7-2024)

Challenges to actions taken pursuant to this title shall be governed by Sections 66499.37 and 66499.38 of the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

Neither the approval nor conditional approval of any map shall constitute or waive compliance with any other applicable provision of the Alameda Municipal Code nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with any other applicable provisions of the Code.

(Ord. No. 3369 N.S., 5-7-2024)

ARTICLE VII. - DEVELOPMENT AGREEMENTS 30-91 - GENERAL.

30-91.1 - Authority.

This article is enacted pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code, Section 65864 et seq. This article is adopted to supplement existing provisions of the Alameda Municipal Code.

(Ord. No. 2189 N.S.)