31-6 NOTICES OF VIOLATION AND MERGER AND CERTIFICATES OF COMPLIANCE.

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

Any Town official having knowledge of a possible violation of, or the merger of parcels of land pursuant to the provisions of the Subdivision Map Act or of this chapter, shall convey such information to the Director of Planning.

If the Director of Planning, either on his 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 chapter, he may cause a notice of intention to record a notice of violation, setting forth the information prescribed by California Government Code Section 66499.36, to be recorded with the County Recorder.

After recording the notice of intention to record a notice of violation, and at least sixty (60) 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.

If the Director of Planning, either on his own initiative or upon investigation of information received, determines that contiguous parcels of land have merged pursuant to the provisions of the Subdivision Map Act or of this chapter, he may cause a notice of merger, setting forth the information prescribed by Government Code Section 66424.2, to be recorded with the County Recorder.

At least thirty (30) calendar days prior to the recording of a notice of merger, the Director of Planning shall advise the owner of the parcels or units of land to be affected by the merger, in writing, of the intention to record a notice of merger 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.

Upon the noticed hearing the Planning Commission may wholly or partially affirm, reverse or modify the decision of the Director of Planning and his recordation of the notice of intention to record a notice of violation or noticed intention to record a notice of merger. If the Planning Commission determines that no violation of, or merger pursuant to the Subdivision Map Act or this chapter has occurred, it may direct the Director of Planning to issue and file for recordation a release of the notice of intention to record a notice of violation or not to file a notice of merger.

Any hearing before the Town Council of an appeal from the Planning Commission as to the recordation of a notice of intention to record a notice of violation or proposed recordation of a notice of merger shall be conducted in accordance with the provisions pertaining to such appeals before the Commission.

All departments, officials, and employees of the Town vested with the duty or authority to issue permits necessary to develop any real property shall conform to the provisions of this chapter and shall not willfully issue any permit or license for use or construction or any other purpose in conflict with the provisions of this chapter or of the Subdivision Map Act; and any such permit or license issued in conflict therewith shall be null and void. Nothing in this section shall be deemed to require the recording of a notice of violation or merger as a condition precedent to the enforceability of any of the provisions of this chapter.

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.

Upon requesting issuance of a Certificate of Compliance, the applicant shall deposit with the Director of Planning for payment to the Town Treasurer, 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 Town Council by resolution.

Within fifteen (15) 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 chapter, 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, he shall so state in his decision of denial or the conditional Certificate of Compliance issued and recorded.

Upon denial of any request for a Certificate of Compliance by the Planning Director, the applicant may still apply to the Town’s Planning Commission in accordance with the provisions of this chapter for approval of a final or parcel map for his property.

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