El Centro Municipal Code Art. XI Enforcement—certificates of Compliance

Whenever the city engineer or any other city department finds that the provisions of the Subdivision Map Act or this chapter have been violated, they shall report such violation to the community development director. It shall be the duty of the community development director to investigate such report and enforce the provisions of the Subdivision Map Act and this chapter.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 20, 4-2-13)

Whenever the community development director has knowledge that the provisions of the Subdivision Map Act or this chapter have been violated, he shall cause to be recorded with the county recorder a notice of intention to record a notice of violation. Such notice or intention shall describe the real property in violation, the owners thereof, the violation and the opportunity that will be given the owner to present evidence that a notice of violation should not be recorded. The community development director shall mail a copy of the notice of intention to the owner of the property and shall specify a time, date and place at which the owner may present evidence. If it is determined that there has been no violation after the owner has presented evidence, or if within sixty (60) days from the date specified for presenting evidence, the owner fails to inform the community development director of any objection to recording a notice of violation, the community development director shall record a notice of violation. Such recordation of a notice of violation shall be constructive notice of the violation to all successors in interest of such real property.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 21, 4-2-13)

No building permit, grading permit or any other permit or approval shall be granted that is necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the Subdivision Map Act or this chapter, unless the city council finds that the granting of such permit or development approval is not contrary to the public health or the public safety.

(Ord. No. 08-10, § 1)

Any owner of real property or a potential purchaser of real property pursuant to a contract of sale may request in writing that the community development director make a determination whether such real property complies with the Subdivision Map Act and this chapter. The community development director shall make a determination within forty-five (45) days after receipt of such request that the property either complies or does not comply with the Subdivision Map Act and this chapter and shall notify the owner, setting forth the particulars of compliance or noncompliance.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 22, 4-2-13)

Any person dissatisfied with the decision of the community development director regarding a certificate of compliance may appeal the decision to the planning commission. Any appeal shall be in writing and filed with the community development director within ten (10) days of the decision.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 23, 4-2-13)

Public notice shall be provided to the owners of real property shown on the latest equalized assessment role within three hundred (300) feet of the boundaries of the property for which a certificate of compliance is requested. Any interested party may request a hearing by the planning commission on the proposed certificate of compliance, by written request received by the community development director within ten (10) days of the date of public notice. Notice of the date and time of such hearing by the planning commission need be given only to the person or persons requesting the hearing, the applicant and any other persons who have requested in writing that they be so notified. Additional notice may be given at the discretion of the community development director or planning commission.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 24, 4-2-13)