Atherton Municipal Code Ch. 16.40 Certificates of Compliance

CERTIFICATES OF COMPLIANCE

Sections:

• 16.40.010 Defined. 16.40.020 Confirm lawful status of property. 16.40.030 Render conformance.

16.40.040 Property description. 16.40.050 Conditions.

16.40.060 Fee.

A certificate of compliance is a document issued by the town for recordation stating, with or without conditions, that a certain lot or lots described therein complies with the provisions of this title and the Subdivision Map Act and is a lawfully existing lot or lots. A certificate of compliance may be issued for the following purposes:

A. A certificate of compliance shall be issued upon request of a property owner, or a vendee of such owner pursuant to a contract of sale of such real property, for property which has been divided in compliance with any existing provisions of law regulating such divisions or at a time when no such regulations were applicable, and which presently constitutes a lawfully existing lot or lots, for the purpose of establishing recorded evidence that the lot or lots are lawfully existing.

B. Upon determining that such property complies with the Subdivision Map Act and the provisions of this title, the town shall cause a certificate of compliance to be filed for record with the San Mateo County recorder.

C. A certificate of compliance may be issued subject to the provisions set forth in this chapter for a lot not created in compliance with any existing provisions of law regulating such divisions, in order to establish such a lot as lawfully existing. (Ord. 441 § 1, 1988)

Any property owner may request in writing that the town determine whether such property complies and was created in conformance with this title and the Subdivision Map Act, or was lawfully created prior to the applicability of such provisions. Upon making such determination the town shall issue and cause a certificate of compliance to be recorded with the county recorder. Any property owner making application under this section shall have the obligation of furnishing to the town such evidence and documents as may be required to enable it to make the determinations required hereunder. (Ord. 441 § 1, 1988)

The owner of a lot created in violation of this title, the Subdivision Map Act, or any predecessor legislation governing the division of land other than the person who created such violation and any person who took title to the property with actual or constructive notice of such violation, may apply for a certificate of compliance in order to render that lot legal and in compliance with this title and the Subdivision Map Act. No application under this section shall be processed unless the applicant shall submit to the town a declaration under penalty of perjury that the applicant has attempted and been unable to obtain the consent of the other owners of property constituting the remainder of the original parcel unlawfully divided, of which the applicant’s property is a portion, for the filing of a subdivision application for the entire property. In no event shall a certificate of compliance be issued if the applicant is the owner of the whole of said original parcel. (Ord. 441 § 1, 1988)

In addition to any other requirements contained in this chapter, any person applying for a certificate of compliance shall furnish to the town property descriptions, satisfactory to the town, and an area map, for any lots which are the subject of the application. (Ord. 441 § 1, 1988)

The town may impose upon the issuance of any certificate of compliance such conditions as are required to insure compliance with this title and the Subdivision Map Act. (Ord. 441 § 1, 1988)

In every instance where an application for a certificate of compliance is filed, a nonrefundable fee shall be charged as set from time to time by the city council. (Ord. 441 § 1, 1988)