Bradbury Municipal Code Ch. 175 Certificates of Compliance; Notices of Violation

This chapter supplements those provisions of Sections 66499.34, 66499.35 and 66499.36 of the Subdivision Map Act pertaining to notices of violation and certificates of compliance.

(Ord. No. 297, § 9.07.160.010, 3-20-2007)

The City Engineer is authorized to make all required determinations on certificates of compliance and notices of violations.

(Ord. No. 297, § 9.07.160.020, 3-20-2007)

Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the City Engineer. Application for issuance of a certificate of compliance shall be made in writing on a standardized form provided by the City. The City Engineer may require the submission of such supporting information as the City Engineer deems necessary to determine compliance. All submissions shall be legible and readily reproducible.

(Ord. No. 297, § 9.07.160.025, 3-20-2007)

Where a certificate of compliance has been issued for a parcel of less than required area that was created prior to March 4, 1972, the owner may request:

(1) A review by the City Engineer, pursuant to the provisions of this title, to determine satisfaction of the following criteria:

a. The parcel of land has frontage on a road as specified by Chapter 145 of this title, except for flag lots as specified in Section 9.145.290;

b. The parcel of land is served by public sewer, or it is of sufficient size to provide for satisfactory on-site sewage disposal for the land use intended;

c. The width of the parcel of land will be as required by Chapter 145 of this title;

d. The setbacks of the underlying zone will be adhered to, unless a variance has been received;

e. The parcel of land has adequate fire flow and hydrant spacing as required by the County fire prevention codes; and

f. The owner of the parcel of land does not own any contiguous lots or parcels of land.

(2) Approval of a variance pursuant to zoning provisions of this title and all conditions of approval have been satisfied.

(Ord. No. 297, § 9.07.160.030, 3-20-2007)

(a) A property owner dissatisfied with an action of the City Engineer on a certificate of compliance or notice of violation may appeal to the Planning Commission in accordance with the procedures set forth in Chapter 16 of this title. In the case of certificates of compliance, a vendee of real property pursuant to a contract of sale may also appeal to the Planning Commission.

(b) Fees. Upon filing an appeal, the appellant shall pay a processing fee as required.

(Ord. No. 297, § 9.07.160.050, 3-20-2007)

(a) Any City official having knowledge of a possible violation of the provisions of the Subdivision Map Act or of this part shall direct such information to the City Engineer or City Clerk.

(b) If the City Engineer, either on the Engineer's own initiative or upon investigation of information received from another City official or any other interested person, determines that real property has been divided in violation of the Subdivision Map Act or of this part, the City Engineer shall initiate the procedures set forth in Section 66499.36 of the Subdivision Map Act.

(Ord. No. 297, § 9.07.160.160, 3-20-2007)