Atascadero Municipal Code Ch. 13 Enforcement

Except as otherwise provided in this title, the City Engineer is authorized and directed to enforce the regulations set out in this title and the Subdivision Map Act for subdivisions within the City.

(Ord. 370 § 2, 2000)

Any officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or the regulations set out in this title, shall immediately so notify the Community Development Director. Upon receipt of the information, the Community Development Director shall file the notices required by the Subdivision Map Act.

(Ord. 370 § 2, 2000)

(a) Any person owning real property, or the agent or representative of such person, may file an application for a certificate of compliance to determine whether such real property complies with the provisions of the Subdivision Map Act and of this title. Such applications shall be filed with the Community Development Director. The application shall be reviewed by the City Engineer and the Community Development Director, who shall be responsible for the issuance and recordation of the same. The form of the application shall be prescribed by the City Engineer and the Community Development Director.

(b) A nonrefundable fee in an amount specified by resolution of the Council for each lot or parcel for which a certificate is sought, shall accompany the application.

(Ord. 370 § 2, 2000)

(a) Within 30 days after the filing of the application for a certificate of compliance, the Community Development Director shall grant, conditionally grant, or deny such application.

(b) If at any time during the processing of the application for a certificate of compliance, the City Engineer and the Community Development Director determine that additional information or data is required, the applicant shall be promptly advised in writing, by mail, of the additional material to be supplied before further action will be taken on the application.

(c) If the application for a certificate of compliance is to be conditionally granted, the City Engineer and the Community Development Director shall impose all conditions reasonably necessary to protect the public health, safety and welfare.

(d) The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision. If the application for certificate of compliance is denied, notices shall be filed as required by Section 11-13.02.

(Ord. 370 § 2, 2000)

(a) The certificate of compliance shall be filed for recording with the County Recorder by the Community Development Director. Such certificate shall identify the real property and shall state that the configuration thereof complies with applicable provisions of these regulations and all other provisions of this code regulating the division of land within the City.

(b) A certificate of compliance granted with conditions shall not be recorded until all conditions have been met, or until assurance that such conditions will be met, in a form approved by the City Attorney and accepted by the City Engineer and the Community Development Director.

(c) If the application for a certificate of compliance is to be conditionally granted, the City Engineer and the Community Development Director shall impose all conditions reasonably necessary to protect the public health, safety and welfare.

(Ord. 370 § 2, 2000)

No board, commission, officer or employee of the City shall issue any certificate or permit, or grant any approval necessary to develop any real property within the City which has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this title.

(Ord. 370 § 2, 2000)

Any offer to sell or contract to sell, or any sale contrary to the provisions of this title is a misdemeanor, and any person, corporation or other entity, upon conviction thereof shall be punishable as set forth in Title 1 of this Code, except that nothing contained in this chapter shall be deemed to bar any legal, equitable or summary remedy to which the City or other political subdivision or person, corporation or other entity may otherwise be entitled, and the City or other political subdivision or person, corporation or other entity may file an action in the Superior Court of the State, in and for the County of San Luis Obispo, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this title shall be voidable at the option of the transferee in accordance with the provisions of Sections 11540 and 11540.1 of the Business and Professions Code of the State, as the same may be amended from time to time.

(Ord. 370 § 2, 2000)