Carpinteria Municipal Code Ch. 16.40 Appeals and Enforcement

A. The subdivider may appeal from any action of the planning commission with respect to a parcel map to the city council as provided by Section 66452.5(a) of the Government Code. Such appeal and the hearing thereon shall be provided by Government Code Section 66452.5(a) and Section 16.08.100 of this title.

B. Any interested person adversely affected by the decision of the planning commission may file a complaint with the city council concerning the decision of the planning commission. Any such complaint shall be filed with the city clerk within fifteen days after the action which is the subject of the complaint. The city council may, in its discretion, reject the complaint within fifteen days or set the matter for public hearing. If the council rejects the complaint, the complainant shall be notified of such action. If the matter shall be set for hearing, the hearing shall be conducted and notices thereof given as provided by Government Code Section 66451.3 and by Section 16.08.100 of this title.

C. Notwithstanding the provisions of subsections A and B of this section, any interested person may appeal the decision of the planning commission relative to the provisions of Government Code Sections 66473.5, 66474, 66474.1 and 66474.6. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Sections 66452.5(a) and (b) and Section 16.08.100 of this title.

D. The provisions of this section shall not apply where the planning commission merely recommends action to the city council and the council is required to take the final action.

(Prior code § 10800)

A. Compliance with this title is a condition precedent to the issuance of a building permit or zoning permit by any person authorized to issue such permits in the city.

B. Building permits and zoning permits issued without prior compliance with this title are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the building official and the planning director to notify the person to whom such permit was issued of the requirements of this code and to demand all building and construction work to cease immediately until this code has been complied with.

(Prior code § 10803)

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 a planning director shall determine, whether such real property complies with the provisions of the Subdivision Map Act and this title. Upon making such a determination the city shall cause a certificate of compliance to be filed for record with the recorder of Santa Barbara County. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this title. The planning director may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.

B. If a planning director determines that such real property does not comply with the provisions of this title, or previous applicable ordinances, the planning commission 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 or prior ordinance. Upon making such a determination and establishing such conditions the city shall cause a conditional certificate of compliance to be filed for record with the Santa Barbara County recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. 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 by the city.

C. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to this section.

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

E. Any decision of the planning director pursuant to this section may be appealed within fifteen days to the planning commission and any decision of the planning commission pursuant to this section may be appealed to the city council within fifteen days, or the next regular city council meeting, whichever is later.

(Ord. 247 § 33 (part), 1978: prior code § 10806)

A. The city shall not issue any permit nor 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 this title if it finds that 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 record at the time of such violation or whether the applicant therefor 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 the city issues a permit or grants approval for the development of any such real property, it 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 and which has been established at such time by this title or any such prior ordinances; except that if a conditional certificate of compliance has been filed for record under the provisions of subsection B of Section 16.40.030 only such conditions stipulated in that certificate shall be applicable.

(Ord. 247 § 33 (part), 1978: prior code § 10806)

Whenever the planning director has knowledge that real property has been divided in violation of the provisions of this title he shall cause the city to file for record with the recorder of the county, a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and 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 notice of violation, the planning director shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date and place at which the owner may present evidence to the planning commission why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall record a release of the notice of intention to record a notice of violation with the county recorder. If, however, after the owner has presented evidence, the planning commission determines that the property has in fact been illegally divided, or if within sixty days of receipt of such copy the owner of such real property fails to inform the city of his objection to recording the notice of violation, the planning commission shall cause to be recorded 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. Any action of the planning commission may be appealed to the city council within ten days, or the next regular meeting of the city council, whichever is later.

(Ord. 247 § 33 (part), 1978: prior code § 10807)

Any violation of the provisions of this title which is not otherwise a criminal offense under the laws of the state shall be unlawful. Each separate day, or portion thereof, during which any violation of the provisions of this title occurs or continues shall constitute a separate offense, punishable as provided in this code. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter shall be voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell shall be binding upon any assignee or transferee or the grantee, buyer or person contracting to purchase, other than those enumerated above, and upon the grantee, vendor, or person contracting to sell, or his assignee, heir or devisee.

(Ord. 378 § 17, 1985: prior code § 10804)