Beaumont Municipal Code Ch. 16.68 Enforcement and Penalties

No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title that were applicable at the time such division occurred, unless the Planning Director, as provided in this title, and on file in the City Clerk's Office, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property. Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and the Planning Director for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of the certificate of compliance.

(Ord. 547 §18.1, 1983)

A. Application. Any owner of real property, including owners denied a permit, may file an application for certificate of compliance. Application for a certificate shall be made to the Planning Director, accompanied by the fees set out in the ordinance, codified in this title, and on file in the City Clerk's Office, as follows:

1. A map shall be submitted, drawn on a form provided by the Planning Department. The map shall be legibly drawn, in ink, to an engineer's scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the location, width and names of all streets and roads adjacent to land providing access to the property.

2. The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures and all existing utilities and easements.

3. A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersections.

4. The map shall show the name, address, telephone number and signature of the current owner of the property.

5. The map shall show the current zoning on the property and the current assessor's parcel number.

6. The application shall also include:

a. A legible copy of the current owner's grant deed or contract of sale;

b. A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property.

c. Documentation of recorded access to the subject property unless abutting a public street.

d. A legal description for the subject property to be typed on plain white paper, eight and one-half inches by 11 inches, with one-inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance.

e. A lot book report that shows transactions of the subject property for the previous four years.

B. Processing. Upon receipt of a completed application, the Planning Director shall review the matter and shall then submit the application to the Land Division Committee at one of its regular meetings for its report and recommendations. Within 50 days after receipt of the completed application, the Planning Director shall make a final determination as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to the public health, welfare and safety.

C. Issuance.

1. If the Planning Director determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, he shall cause a certificate of compliance to be filed for record with the County Recorder.

2. If the Planning Director determines that the property was illegally divided, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, he may issue a certificate of compliance, which certificate may be contingent upon the completion of specified conditions. The Planning Director may impose, as conditions, any requirements that would have been applicable to the division of property at the time the current owner of record acquired the property.

a. When the Planning Director imposes conditions, he shall file for record with the County Recorder a conditional certificate of compliance.

b. The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

c. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the City unless the property is thereafter included as a part of a legal division of the property pursuant to the provisions of this title.

d. Upon completion of the conditions, the owner shall notify the Planning Director. If the conditions are satisfactorily completed, the Planning Director shall then issue and record a final certificate of compliance.

D. Ineligible. A person that has caused land to be illegally divided shall not be eligible to file for a certificate of compliance for such land, but shall, instead, be required to file an application for a land division pursuant to the provisions of this title.

E. Appeal to Planning Commission. The decision of the Planning Director regarding a certificate of compliance may be appealed to the Planning Commission within ten calendar days after the date of the decision by the Planning Director. Upon receipt of a completed appeal, the Planning Director shall set the matter for hearing before the Planning Commission, not less than 15 days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The Planning Commission shall render its decision within 30 days following the close of the hearing on the appeal, and a copy thereof shall be mailed to the appellant.

(Ord. 547 §18.2, 1983)

Whenever the Planning Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he shall cause to be filed for record with the County Recorder notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a violation, the Planning Director shall mail a copy of such notice, by certified mail, to the owner of such property. The notice shall specify a time, date and place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Planning Director shall file a release of the notice of intention to record a notice of violation with the County Recorder. If, after the owner has presented evidence, the advisory agency determines that the property has, in fact, been illegally divided, or if within 60 days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the advisory agency as to why the involved real property has not been illegally divided, the advisory agency shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.

(Ord. 547 §18.3, 1983)

A. No person shall offer to sell, or lease, to contract to sell, or lease, to sell or lease, or to finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereof, or allow occupancy thereof, for which a final subdivision map is required by this title, except model homes, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the Recorder.

B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a final parcel map is required by this title, except model homes, until such map thereof in full compliance with the provisions of this title has been filed for record by the Recorder.

C. Conveyances of any part of a division of real property for which a final subdivision or parcel map is required by this title, shall not be made by parcel or block number, initial or other designation until such map has been filed for record by the Recorder.

D. This section does not apply to any parcel or parcel of a division offered for sale, lease, or finance, contracted for sale, lease or finance, sold, leased or financed in compliance with or exempt from this title at the time the land division was established.

E. Nothing contained in subsections A and B of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, ease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required under this division.

F. Nothing in this section shall in any way modify or affect the provisions of Section 11018.2 of the Business and Professions Code.

(Ord. 547 §18.4, 1983)

Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 547 §18.5, 1983)

All remedies provided for in this title shall be cumulative and not exclusive. The conviction and punishment of any person under this title shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

(Ord. 547 §18.6, 1983)