Atwater Municipal Code Ch. 16.52 Compliance

Any person owning real property may request, and the City shall determine, whether such real property complies with the provisions of the Subdivision Map Act and this title enacted pursuant thereto. Upon making such a determination, the City shall cause a certificate of compliance to be filed for record with the recorder of the county in which the real property is located. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this title.

(Prior Code § 10-2.1801(a); Ord. CS 347, 1977)

A. If the City Council determines that such real property does not comply with the provisions of the Subdivision Map Act and this title, it may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by the Subdivision Map Act and this title.

B. Upon making such a determination and establishing such conditions, the City shall cause a conditional certificate of compliance to be filed for record with the recorder of the county in which the real property is located. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this chapter, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

C. 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.

(Prior Code § 10-2.1801(b); Ord. CS 347, 1977)

A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Chapter 16.40.

(Prior Code § 102.1801(c); Ord. CS 347, 1977)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Prior Code § 10-2.1801(d); Ord. CS 347, 1977)

A. Whenever the City has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, it shall cause to be filed for record with the recorder of the county in which the real property is located a tentative notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence.

B. At least days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date and place at which the owner may present evidence to the City Council why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the City shall file a release of the tentative notice with the county recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Ord. CS 347, 1977; Prior Code § 10-2.1802)