Brisbane Municipal Code Ch. 16.48 Administration and Enforcement

Except where otherwise provided in this chapter, the planning director and the city attorney shall enforce the provisions of this title.

(Ord. 282 § 12.1, 1982).

As a condition of the approval of a subdivision map, the subdivider may be required to provide such evidence or guarantees of compliance with the conditions of approval as may be deemed necessary by the approving official or agency.

(Ord. 282 § 12.2, 1982).

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 to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a parcel map or final map is required by this title, until such map thereof in full compliance with the provisions of this title has been filed for record by the county recorder.

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

C. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(Ord. 282 § 12.3, 1982).

The violation of any of the provisions of this title shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code. Such fines, penalties and enforcement provisions are cumulative and shall be in addition to any other enforcement remedies specified in this chapter.

(Ord. 282 § 12.4, 1982).

(Ord. No. 554, § 60, 1-18-11)

The city attorney may file an action in the superior court of the county, on behalf of the city, to enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this title, and for such other relief the city attorney deems appropriate.

(Ord. 282 § 12.5, 1982).

A. No officer or employee of the city shall issue any permit or grant any approval on behalf of the city necessary to develop any real property which has been divided in violation of the provisions of this title. The authority to deny such a permit or such approval shall apply whether the applicant was either the owner of record at the time of such violation, or whether such applicant is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

B. If an officer or employee of the city issues a permit or grants approval for the development of any property divided in violation of this title, the planning commission may impose those conditions that would have been applicable to the division of the property at the time the applicant acquired his interest in such real property; except that if a conditional certificate of compliance has been filed for record under the provisions of subsection B of Section 16.48.070, only such conditions stipulated in that certificate shall be applicable.

(Ord. 282 § 12.6, 1982).

A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the planning director shall determine, whether such real property complies with the provisions of this title. Upon making such a determination, the planning director shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state the division thereof complies with applicable provisions of this title.

B. If the planning director determines that such real property does not comply with the provisions of this title, he 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 applicant acquired his interest therein, and which had been established at such time by this title. Upon making such a determination and establishing such conditions, the planning director shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, or successor in interest of the property, that the fulfillment and implementation of such conditions shall be required.

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. The city may require reasonable security to insure the completion of all required conditions.

D. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 16.48.060.

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

(Ord. 282 § 12.7, 1982).

Whenever the community development director has knowledge that real property has been divided in violation of this title, he shall have authority to record a notice of code violation pursuant to Section 1.14.140 of this code, and for this purpose the community development director shall be deemed the authorized representative of the city manager.

(Ord. 282 § 12.8, 1982).

(Ord. No. 554, § 61, 1-18-11)