Imperial County Municipal Code Ch. 12 Enforcement—penalty—certificates of Compliance

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 11, which pertained to the same subject matter, consisted of §§ 90812.00—90812.13, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

Whenever the public informs the county or the county assessor or the head of any other county department finds that the provisions of this Division or the Subdivision Map Act have been violated, he/she shall report such violation to the public works director and the planning director. It shall be the duty of said planning director to investigate such report and enforce the provisions of this division and the Subdivision Map Act.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Whenever the planning director has knowledge that real property has been divided, or has resulted from division, in violation of the provisions of the Subdivision Map Act or County Ordinances enacted pursuant thereto applicable at the time such violation occurred, he/she shall cause to be filed for record with the county recorder a notice of violation. Such notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. No person shall convey any parcel or parcels of real property nor shall any permits be issued nor any construction commenced upon property for which a subdivision map is required by this Division or the Subdivision Map Act, until such map thereof in full compliance with the provisions of this Division and the Subdivision Map Act has been filed for record by the County Recorder.

B. Conveyance of any part of a division of real property for which a final or parcel map is required by this Division or the Subdivision Map Act shall not be made by parcel or block number, initial or other designation, unless such map has been filed for record by the County Recorder.

C. Each violation of this division by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000.00), or by both that fine and imprisonment. Every other violation of this division is a misdemeanor.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Whenever any person submits an application to the Planning and Development Services Department for a building permit, the application together with the plot plan shall be reviewed for determination as to whether such proposed construction would create an illegal subdivision. The Department shall not issue any building permit for such proposed construction until it is determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Upon review if it is determined that a permit or approval is being sought to develop real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or the Subdivision Map Ordinance, or upon receipt of a written request for a determination from the owner of such real property, the planning director, or an appeal, the planning commission shall determine whether such real property is or is not approved for development, and shall so inform the owner thereof and the provisions under Section 90812.07.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any owner of real property may request in writing that the planning director make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and Subdivision Map Ordinance.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Prior to issuing a certificate of compliance or conditional certificate of compliance the planning director or the planning commission shall make the findings required in Section 90805.07 of this Division and shall deny the issuance of said certificate of compliance if any such findings are in the negative.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Subject to the provisions contained in Section 90812.05 of this Division in determining whether the approval or conditional approval should be granted for development of real property divided or resulting from a division in violation of the Subdivision Map Act or the Subdivision Map Ordinance, the planning director shall consider:

A. Whether the owner of the real property can rescind the agreement by which he/she acquired the real property and recover the consideration paid therefore.

B. Whether the real property meets the requirements of the applicable zoning regulations.

C. Whether the real property is served by a public sewer or is approved by the health department for installation of a sewage disposal system in accordance with the Septic Tank Ordinance.

D. Whether the real property has a potable water supply satisfactory to the public health officer.

E. Whether the real property has legal and physical access to a County maintained road.

F. Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or the Subdivision Ordinance had the subdivision by which said real property was created been submitted for approval at the time the current owner acquired the property.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The planning director is hereby granted authority to investigate all requests in the form of an application for determination under this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by planning and development services department) for a certificate of compliance shall be filed with the department, accompanied by all information required along with requisite fee as required in this Title, a title trace of the parcel's origin, a Title Report, a site plan and any other information the department deems necessary.

A. Applications—(General):

1. Property owners name, address and telephone number.

2. Legal description.

3. Assessor's Parcel Number(s).

4. Specific explanation of requested action, i.e. detailed project description.

5. Signature of applicant; and if not property owner, signature of owner(s) or an Owner's Affidavit.

6. Preliminary Title Report not more than six months old.

7. Any supporting documentation necessary for staff to adequately review request.

8. Title trace of parcel(s) origin.

9. Each parcel application must be accompanied by a fee as set forth in this Title for each parcel to be certified. No Certificate of Compliance application proposing the certification of multiple lots will be accepted unless submitted in conjunction with a lot merger, lot line adjustment or waived parcel map.

B. Site Plan: Every application for determination under this Section shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department, and at a minimum shall include the following:

1. All property boundary lines.

2. All property boundary dimensions.

3. All existing structures (below and above ground).

4. All proposed structures (below and above ground).

5. Distance from all structures to property lines and between structures.

6. North orientation.

7. Scale.

8. Legal and physical access from adjacent street/road.

9. All utility locations (i.e. electrical/plumbing).

10. Name and telephone number of person(s) preparing plan.

11. Location of known hazard areas, if any.

12. Assessor's Parcel Number.

13. Public use easement, if any.

14. Parking.

15. Drainage.

The site plan shall be drawn upon substantial paper (eleven (11) inches × fourteen (14) inches minimum) using black ink. "Blue print", and one-piece xerox copies are acceptable. The department shall reject any site plan that is incomplete, inaccurate, illegible or otherwise not acceptable.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Within thirty (30) days of receipt, the application shall either be deemed complete or be returned in writing to applicant if deemed incomplete. Within ten (10) working days from the date the application is deemed complete, the department will consult with the Department of Public Works, and Fire/OES Department and other applicable departments. Within thirty (30) days from the date the application was deemed complete. The planning director shall determine the following:

A. If the real property was divided in compliance with the provisions of the Subdivision Map Act and County Ordinances that were applicable at the time the property was divided, he/she shall cause a Certificate of Compliance to be filed for record with the County Recorder.

B. If the property was divided in violation of the Subdivision Map Act or this ordinance, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, a Certificate of Compliance may be issued by the planning director contingent upon the completion of specified conditions. Such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any decision made by a hearing body (planning director or planning commission) shall be deemed a final decision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon the filling of an appeal from the Director's decision, the Director shall then schedule a hearing on the issue before the planning commission, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the Director on the Certificate of Compliance shall not be appealable to the Board of Supervisors and must be heard by the planning commission.

Any person may appeal the decision of the planning director provided such an appeal meets the following requirements:

A. A written appeal is filed within ten (10) calendar days from the planning director's decision on the Certificate of Compliance.

B. The appeal is filed with the Planning and Development Services Department.

C. The requisite fees are included.

D. The written appeal clearly states the following:

1. Name of person(s) filing appeal.

2. Address and phone number of person(s) filing.

3. Project/decision being appealed.

4. Reason for filing appeal.

5. Facts, condition(s), information, error, or other specifics to warrant appeal.

6. Prior effect(s) made to arrive at acceptable solution if any.

7. Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8. Signature of applicant.

The planning commission's decision is final with no further appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon compliance with all conditions of approval and submittal and completion of all of the following, the planning director shall record a Certificate of Compliance:

1. Full legal description and closure sheets acceptable to the Planning and Development Services Department stamped and signed by a California Licensed Land Surveyor or a California Registered Civil Engineer (licensed to practice in the category of work to be performed) on plain bond paper eight and one-half inches × eleven (11) inches.

2. Letter of approval by the County Surveyor on the new legal description.

3. Current tax certificate issued.

4. Recording fees.

(Ord. No. 1565, §§ 5, 6, 12-15-20)