Butte County Municipal Code Art. VII Violations and Certificates of Compliance

(a) Subject to subsection (b) below, no county officer, department or employee shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the State Subdivision Map Act or of the provisions of this chapter if the development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property; provided, however, that such permits shall be issued or approval granted if development of such real property is not contrary to the public health or the public safety and a certificate of compliance is issued pursuant to this chapter.

(b) No building, septic tank or other land use permit of any type shall be issued by any department, board or commission for any parcel created between October 4, 1956, and June 27, 1963, in violation of Ordinance No. 557 unless the person owning said parcel, at the time of application for such permit, either:

(1) Provides the access required by Ordinance No. 557; or

(2) Executes an affidavit showing that as of the date he acquired ownership, said owner was unaware that said parcel was created in violation of Ordinance No. 557. Each owner of record as of the date of said application shall execute such an affidavit. "Owner" shall include a person holding an option to purchase or a purchaser under a contract of sale. Any permits issued pursuant to such an affidavit shall be limited to one (1) single-family dwelling unit, together with accessory structures for each such parcel.

An applicant under this subsection shall be deemed to be a "subdivider" for the purpose of appealing any decision rendered pursuant to section 20-160.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Whenever any county department has knowledge that real property may have been divided in violation of the provisions of the Subdivision Map Act or of this chapter, it shall either report such knowledge to the Department of Development Services which shall schedule a hearing in front of the planning commission pursuant to section 20-161.1. Notwithstanding the above, the office of the district attorney shall be exempt from the requirements of this section and section 20-161.1.

(Ord. No. 3850, § 4, 4-22-03: Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 11, 3-12-13)

The county department having such knowledge of the violation or the Department of Development Services, which after reviewing the report submitted to it by the county department and finding that the circumstances warrant, unless such violation is under investigation and/or prosecution by the office of the district attorney, shall:

(1) File with the recorder a notice of intention to record a notice of violation, which notice shall describe the property in detail, naming the owners thereof, describing the violation, and stating that the opportunity will be given to the owner to present evidence.

(2) Set for hearing before the planning commission the question of whether or not there has been a division of land in violation of the Subdivision Map Act or this chapter, and whether a notice of violation should be recorded in the office of the county recorder. Upon recording the notice of intention, a copy of the notice shall be sent to the owner of the real property, setting forth the time, date and place of such hearing, at which the owner may present evidence.

(3) Deliver a copy of said notice to the development services, public works and health departments. After such delivery, no permits or approvals shall be issued until a final determination has been made regarding recordation of a notice of violation.

(Ord. No. 3850, § 5, 4-22-03: Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 11, 3-12-13)

When violations are under investigation and/or prosecution by the office of the district attorney, if a settlement is not reached and/or a judgment is rendered which does not provide for improvements deemed necessary by the advisory agency, the advisory agency shall proceed pursuant to section 20-161.1.

If a settlement is reached and/or judgment is rendered which provides for improvements deemed necessary by the advisory agency and such improvements are completed, the advisory agency shall issue and record a certificate of compliance upon application, and payment of the fee set forth by resolution of the board of supervisors, by an owner of a parcel or parcels within the illegally created subdivision. For purposes of this section, all property remaining in the ownership or control of the subdivider shall be deemed merged insofar as possible into the legal parcel or parcels as they existed prior to the illegal subdivision.

Pending completion of improvements deemed necessary by the advisory agency, upon application of an owner of a parcel or parcels, except for the subdivider, the advisory agency may authorize county departments to issue permits if the advisory agency determines that the development of the property would not be detrimental to the public health or safety. The decision of the advisory agency may be appealed to the board of supervisors pursuant to section 20-172.

(Ord. No. 3850, § 6, 4-22-03: Ord. No. 3188, § 1(Exh. A), 3-14-95)

At the time of said hearing, after hearing the evidence presented by the representative or representatives of the county, the owners of the property, and any other interested persons, the planning commission shall determine whether or not the property has been properly divided or has resulted from a division in violation of this chapter or the Subdivision Map Act.

If the owner of the real property has failed to inform the county of his objection to recording the notice of violation, or if the planning commission determines that the property has been divided or has resulted from a division in violation of this chapter or of the subdivision map act, the county department or the planning commission shall mail a notice so stating to the owner or owners of the property affected as shown on the latest assessment roll, advising them of their right to appeal this decision to the board of supervisors pursuant to section 20-172 and further stating that a notice of violation shall be recorded with the county recorder containing the information specified in section 66499.36 of the Government Code. The planning commission shall forward a copy of said notice to the district attorney for possible prosecution. If the planning commission determines that no violation has occurred or that a violation has occurred but has been corrected, the planning commission shall record a certificate of compliance in a form specified in this chapter, which shall constitute a release of the notice of intention to record a notice of violation.

(Ord. No. 3850, § 7, 4-22-03: Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 12, 3-12-13)

Upon recordation of such notice of violation, no county department, officer or employee shall issue any permit or grant any approval necessary to develop said property unless and until a certificate of compliance has been issued for said property pursuant to this chapter.

Notwithstanding the above, if the advisory agency determines that development of the property is not detrimental to the public health or the public safety, permits may be issued or approvals granted. Conditions may be imposed that would have been applicable to the division of the property at the time the current owner of record acquired the property.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Nothing in this chapter shall be deemed to require the recording of a notice of violation as a condition precedent to the enforceability of any of the provisions of this chapter or the State Subdivision Map Act.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Any person owning real property may request the county to determine whether such real property complies with the provisions of the Subdivision Map Act and of this chapter. Applications for such determination shall be filed with the department of development services, together with a plot plan and such other information as may be prescribed by the advisory agency or zoning administrator, including the filing fee as established by resolution of the board of supervisors.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 13, 3-12-13)

The development services department shall determine the completeness of an application requesting a certificate of compliance within thirty (30) calendar days of its filing. Within thirty (30) calendar days after the application is determined to be complete, the zoning administrator shall commence review of the request to determine whether the property or the division thereof complies with the provisions of the Subdivision Map Act and this chapter, and whether a certificate of compliance or a conditional certificate of compliance shall be issued and recorded in the office of the recorder. The zoning administrator may forward the request to the planning commission for action.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 3273, § 8, 6-25-96; Ord. No. 4052, § 13, 3-12-13)

Editor's note— Ord. No. 4052, § 13, adopted March 12, 2013, amended the title of § 20-166. Former § 20-166 pertained to action by advisory agency on request for certificate of compliance.

If the advisory agency or zoning administrator determines that such real property does not comply with the provisions of the Subdivision Map Act or of this chapter, but that development of such real property would not be contrary to public health or the public safety, it shall grant a certificate of compliance. In such cases the advisory agency or zoning administrator may, as a condition of granting a certificate of compliance, and in order to protect the public health or the public safety, 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; except that where the applicant was the owner of record at the time of the initial violation of the provisions of this chapter or of local ordinances enacted pursuant thereto who by a grant of the real property created a parcel or parcels in violation of this chapter or local ordinances enacted pursuant thereto, and such person is the current owner of record of one (1) or more of the parcels which were created as a result of the grant in violation of this chapter or local ordinances enacted pursuant thereto, then the local agency may impose such conditions as would be applicable to a current division of the property. Such conditions may be fulfilled and implemented by the property owner who applied for the certificate or by a grantee of such property owner. If such conditions are not fulfilled or implemented, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property; and any subsequent transferee or assignee shall make a new application for a certificate of compliance pursuant to section 20-166; and the advisory agency or zoning administrator may impose such conditions as would have been applicable at the time such assignee or transferee acquired the property.

If such conditions are fulfilled to the satisfaction of the advisory agency or zoning administrator, the current owner of record may request that a notice of compliance be filed with the Butte County Recorder. Said notice of compliance shall identify the real property and the book and page of the previously recorded certificate of compliance and shall state that the conditions of the certificate of compliance have been fulfilled to the satisfaction of the advisory agency or zoning administrator.

(Ord. No. 3850, § 8, 4-22-03: Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 13, 3-12-13)

Any certificate of compliance recorded pursuant to this chapter shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and of this chapter. In addition, if the certificate of compliance is issued conditionally pursuant to section 20-166 of this chapter and section 66499.35 of the Government Code, title 7, division 2, it shall specify such conditions.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

If the advisory agency or zoning administrator determines that such real property does not comply with the provisions of the Subdivision Map Act or of this chapter and that conditions cannot be imposed to protect the public health and public safety, it shall deny the application for a certificate of compliance and shall initiate notice of violation proceedings pursuant to section 20-160 et seq. unless the owner appeals or applies for approval of a subdivision or parcel map pursuant to this chapter, in which event the notice of violation procedures shall be held in abeyance until a final decision is made with respect to such appeal or map. Notice of denial of the application for a certificate of compliance shall be mailed to the applicant advising him of his right to appeal the decision of the zoning administrator to the planning commission or to appeal the decision of the planning commission to the board of supervisors and further advising that unless such an appeal is timely filed or application is made for approval of a subdivision or parcel map, notice of violation procedures shall be initiated.

(Ord. No. 3188, § 1(Exh. A), 3-14-95; Ord. No. 4052, § 14, 3-12-13)

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

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Such hearings with respect to notices of violation and certificates of compliance or the advisory agency's deliberation on the evidence after close of such hearings may be continued from time to time, not to exceed a reasonable time.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Any decision of the advisory agency regarding a certificate of compliance may be appealed by the applicant to the board of supervisors within fifteen (15) days of the mailing of notice of the advisory agency's decision thereon, pursuant to section 20-66 of this chapter. No certificate of compliance shall be recorded until the decision thereon has become final unless the applicant agrees, in writing, to waive his right to an appeal.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)

Editor's note— Ord. No. 4052, § 15, adopted March 12, 2013, repealed § 20-173 in its entirety. Former § 20-173 pertained to hearing officer and was derived from Ord. No. 3850, § 9, adopted April 22, 2003 and Ord. No. 3188, § 1(Exh. A), adopted March 14, 1995.

Editor's note— Ord. No. 4255, § 6, adopted November 12, 2024, repealed § 20-174. Former § 20-174 pertained to adjacent parcels and derived from Ord. No. 3188, § 1(Exh. A), adopted March 14, 1995.