Article 8 — Compliance and Enforcement

(a)

No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by the "Subdivision Map Act" or by this title, until such map thereof, in full compliance with the provisions of the "Subdivision Map Act" and this title has been filed for record by the county recorder.

(b)

No person shall make any conveyance of any part of a division of real property for which a final or parcel map is required by the "Subdivision Map Act" or by this title 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.

(d)

Nothing contained in this chapter shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required by the "Subdivision Map Act" or by this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the "Subdivision Map Act" or of this title is voidable in the same manner and to the extent provided in the "Subdivision Map Act."

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Compliance with the provisions of this title is a condition precedent to the issuance of a building permit by the City for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion or demolition of any building or structure on any lot or parcel of land in the City.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Compliance with the provisions of this title is a condition precedent to City maintenance of streets of all subdivisions, the improvements of which have not been accepted, and from all areas offered for dedication to the public which have not been accepted.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Subdivision improvement work shall not be commenced until after the final map or parcel map is approved and not until after all plans and profiles for such work have been submitted to and approved by the Community Development Director.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

There shall be no final inspection of buildings until curb, gutter, sidewalk, driveway approach, pavement and underground utilities are in place and all required electroliers are installed and connected to electrical circuits from the subdivision entrance to and including the lot in question. Final inspection of all residential, commercial and industrial units shall be withheld until all underground utilities, curb and gutter, sidewalk, electroliers, and required pavement are installed from an existing improved street to and including the frontage of the lot in question.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

No permit shall be issued or approval granted where such permit or approval is necessary to develop any real property, where such property has been divided, or has resulted from a division, in violation of the provisions of the "Subdivision Map Act" or of this title if the person or body having authority to issue such permit or grant such approval finds that development of such real property is contrary to the public health or safety.

(b)

The authority to deny such a permit or such approval shall apply whether the applicant was the owner of record at the time of such violation or whether the 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 or her interest in such real property.

(c)

If a permit is issued or approval is granted for the development of such real property, only those conditions may be imposed which would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at that time by the "Subdivision Map Act" or by this title, except as follows:

(1)

Where the applicant was the owner of record at the time of the initial violation of the provisions of the "Subdivision Map Act" or of this title, who, by a grant of the real property created a parcel or parcels in violation of the "Subdivision Map Act" or of this title, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of the "Subdivision Map Act" or of this title, then conditions may be imposed as would be applicable to a current division of the property.

(2)

If a conditional certificate of compliance has been filed for record pursuant to this chapter, only such conditions stipulated in that certificate shall be applicable.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(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 Community Development Director shall determine, whether such real property complies with the provisions of the "Subdivision Map Act" and of this title.

(b)

Upon making such a determination the Community Development 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 that the division thereof complies with applicable provisions of the "Subdivision Map Act" and of this title. Prior to the recordation of the certificate of compliance the applicant shall pay to the City any fee required for issuance and recording of such certificate.

(c)

If the Community Development Director determines that such real property does not comply with the provisions of the "Subdivision Map Act" or of this title, he shall issue a certificate of compliance only if the real property has been approved for development pursuant to Section 9-7.807 of this article. Otherwise, he shall issue a conditional certificate of compliance.

(d)

The Community Development Director, as a condition to granting a certificate of compliance, may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest, and which had been established at such time by the "Subdivision Map Act" or by this title, except as provided in Section 9-7.808(e), Certificate of Compliance, of this article.

(e)

Where the applicant was the owner of record at the time of the initial violation of the provisions of the "Subdivision Map Act" or of this title who, by a grant of the real property created a parcel or parcels in violation of the "Subdivision Map Act" or of this title, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of the "Subdivision Map Act" or of this title, then the Community Development Director may impose such conditions as would be applicable to a current division of the property.

(f)

Upon making a determination and establishing such conditions, the Community Development 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 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.

(g)

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 Community Development Director.

(h)

A certificate of compliance shall be issued for any real property which has been approved for development upon request by the person owning the real property or a vendee of such person pursuant to a contract of sale. As used herein, "real property which has been approved for development" shall mean:

(1)

Real property with respect to which improvements have been completed prior to the time a permit or grant of approval for development was required by this title or the Coalinga Municipal Code, in effect at the time of the improvement, or

(2)

Real property with respect to which improvements have been completed in reliance upon a permit or grant of approval.

(i)

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

(j)

An official map prepared pursuant to Section 66499.52(b) of the Government Code shall constitute a certificate of compliance with respect to the parcels of real property described and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section, or, with the approval of the Community Development Director, within contiguous sections of land.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Whenever the Community Development Director has knowledge that real property has been divided in violation of the provisions of the "Subdivision Map Act" or of this title, he shall cause to be mailed by certified mail to the then current owner of the property a notice of intention to record a notice of violation.

(b)

The notice of intent shall:

(1)

Describe the real property in detail;

(2)

Name the owners thereof;

(3)

State that an opportunity will be given to the owner to present evidence;

(4)

Specify a time, date, and place for a meeting at which the owner may present evidence to the Community Development Director why the notice should not be recorded:

(5)

Contain a description of the violations; and

(6)

Contain an explanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Section 66412.6 of the Government Code.

(c)

The meeting specified in Section 9-7.809(b)(4) of this article shall take place no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing of the notice of intention.

(d)

If, within fifteen (15) days of receipt of the notice, the owner of the real property fails to inform the Community Development Director of his or her objection to the recording of the notice of violation, the Community Development Director shall cause the notice of violation to be recorded with the county recorder.

(e)

If, after the owner has presented evidence, it is determined that there has been no violation, the Community Development Director shall cause to be mailed a clearance letter to the then owner of record.

(f)

If, however, after the owner has presented evidence, the Community Development Director determines that the property has in fact been illegally divided, the Community Development Director shall cause the notice of violation to be recorded with the county recorder.

(g)

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.

(h)

For purposes of Section 9-7.809(b)(6) of this article, a subject parcel is lawful under subdivisions (a) or (b) of Section 66412.6 of the Government Code in either of the following situations:

(1)

The subject parcel was created prior to March 4, 1972, and resulted from a division of land in which fewer than five (5) parcels were created if at the time of the creation of the parcel there was no ordinance in effect which regulated divisions of land creating fewer than five (5) parcels.

(2)

The subject parcel was created prior to March 4, 1972, and any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the "Subdivision Map Act" or of this title.

(3)

In either of the said situations, it is conclusively presumed under the "Subdivision Map Act" that such parcel or parcels have been lawfully created.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)