California City Municipal Code Art. 7 Enforcement

(a) The Planning Director may serve and record a notice of intention to record a notice of violation on the owners of the offending property by describing the violation and stating an opportunity will be given to the owners to present evidence.

(b) The City shall mail a copy of such notice to the owner of the real property. The notice shall specify the time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.

(c) If the Commission determines there has been no violation, the City shall record a Release of the Notice of Intention to Record Notice of Violation with the County Recorder. If the Planning Commission determines the property has been illegally divided, or within 60 days after receipt of the notice of intention, the owner of the real property fails to inform the Planning Commission of objection to the recording of the Notice of Violation, the Planning Commission shall cause the recordation of the Notice of Violation.

(d) The Notice of Intention to Record a Notice of Violation and the Notice of Violation when recorded shall be deemed constructive notice of violation to successors in interest.

(a) A person owning real property or the vendee of such person pursuant to a contract of sale, may request the City to determine whether the real property complies with the Map Act and this Chapter. The person requesting the Certificate of Compliance shall pay the City the cost of issuing and recording the Certificate.

(b) The City Engineer shall issue an unconditional Certificate of Compliance if the City Engineer determines:

(1) The parcel was created by a land division which complies with the Map Act and this Chapter; or

(2) The parcel was created by a land division prior to March 4, 1972, and the conditions of Government Code section 66412.6 is satisfied; or

(3) The parcel was created by a land division occurring on or after March 4, 1972, and the City Engineer determines a person creating the parcel did so without intent to violate the provisions of the Map Act or this Chapter and the rights of third parties have since intervened.

(c) If the City Engineer is unable to issue an unconditional Certificate of Compliance, the City Engineer shall issue a conditional Certificate of Compliance after a report to and recommendation by the Planning Commission as to such conditions. Such conditions shall be limited to conditions applicable to the division of the property at the time the applicant acquired an interest therein unless the applicant was the owner of the property at the time of an illegal land division, in which event the conditions include those which can be imposed under current land division regulations.

(d) A person applying for a certificate of compliance shall dedicate and improve a right-of-way to the City for public road purposes if such dedication is necessary for access to the affected property. The right-of-way shall be improved with curb, gutter, sidewalk, grading and paving in accordance with the City's standards for street construction. The right-of-way shall extend across the frontage of the property and shall be in accordance with the standards for street right-of-way as set forth in the Circulation Element of the General Plan.

(e) When the area in the vicinity of the applicant's property is without existing improved streets, the Planning Director may defer the dedication or improvement of the applicant's easement. If the Planning Director defers the dedication or improvement, the applicant shall provide an offer of dedication for future public street purposes or surety bond to guarantee the improvements. The offer or surety bond will remain in effect and binding on the applicant and successors in interest until the City Council accepts the offer and requests the improvements or by resolution determines the dedication and improvements are no longer necessary for public use.