Contra Costa County Municipal Code Ch. 92-12 Notices of Violation and Merger and Certificates of Compliance

This chapter supplements the provisions of Government Code Sections 66424.2, 66499.34, 66499.35 and 66499.36 (Subdivision Map Act), pertaining to notices of violation and certificates of compliance. The development of real property in the county which has been divided, or has resulted from a division, in violation of provisions of the Subdivision Map Act and this title is contrary to the public health, safety and welfare.

(Ords. 92-44 § 4, 78-5).

Article 92-12.4. Notice of Violation

Any county official having knowledge of a possible violation of parcels of land pursuant to the provisions of the Subdivision Map Act or of this title, shall convey such information to the director of planning.

(Ords. 92-44 § 5, 78-5).

If the director of planning, either on the director's own initiative or upon investigation of information received, determines that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, the director may cause a notice of intention to record a notice of violation, setting forth the information prescribed by Government Code Section 66499.36, to be recorded with the county recorder.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 92-44 § 5, 78-5).

After recording the notice of intention to record a notice of violation, and at least sixty calendar days prior to the recording of a notice of violation, the director of planning shall advise the owner of the real property, by mail, of the intention to record a notice and specifying a time, date and place at which the owner may present evidence to the planning commission why such notice should not be recorded. The director shall also mail a copy of the recorded notice of intention to the owner.

(Ord. 92-44 § 5, 78-5).

Upon the noticed hearing, the planning commission may wholly or partially affirm, reverse or modify the decision of the director of planning and the recordation of the notice of intention to record a notice of violation. If the planning commission determines that no violation pursuant to the Subdivision Map Act or this title has occurred, it may direct the director of planning to issue and file for the recordation a release of the notice of intention to record a notice of violation.

(Ords. 92-44 § 5, 78-5).

Any hearing before the board of supervisors of an appeal from the planning commission as to the recordation of a notice of intention to record a notice of violation shall be conducted in accordance with the provisions pertaining to such appeals before the commission.

(Ords. 92-44 § 5, 78-5).

All departments, officials, and employees of the county vested with the duty or authority to issue permits necessary to develop any real property shall conform to the provisions of this title, and shall not wilfully issue any permit or license for use or construction or any other purpose in conflict with the provisions of this title or of the Subdivision Map Act; and any such permit or license issued in conflict therewith shall be null and void. 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 title.

(Ord. 92-44 § 5, 78-5).

Article 92-12.6. Certificates of Compliance

Requests for issuance of a certificate of compliance shall be submitted, in legible and readily reproducible writing, to the planning department, on its standardized form accompanied by a plot plan and such supporting information as may be deemed necessary by the director of planning to determine compliance herewith.

(Ord. 78-5).

Upon requesting issuance of a certificate of compliance, the applicant shall deposit with the director of planning for payment to the treasurer of the county, cash or check in a sufficient sum to cover the fee for issuance and recording of the certificate of compliance. The schedule of fees will be that recommended by the director of planning and adopted by the board of supervisors from time to time by resolution.

(Ord. 78-5).

Within fifteen calendar days after filing of the request, the director of planning shall review the request and determine whether the property or the division thereof complies with the provisions of the Subdivision Map Act and this title, and shall determine whether a certificate of compliance should be issued or denied or a conditional certificate of compliance issued and recorded. Any certificate of compliance or conditional certificate of compliance issued shall set forth the information prescribed by Government Code Section 66499.35 and shall be filed for record with the county recorder by the director of planning. If the director of planning determines that such property could be brought into compliance by fulfillment of certain conditions, the director of planning shall so state in the director's decision of denial or the conditional certificate of compliance issued and recorded.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-5).

Upon denial of any request for a certificate of compliance by the planning director, the applicant may still apply to the appropriate division of the county's planning agency in accordance with the provisions of this title for approval of a final or parcel map for the applicant's property.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-5).

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

(Ord. 78-5).