Lake County Municipal Code Art. XII Certificates of Compliance and Notices of Violation

80.5 If the Planning Director determines that such real property does not comply with the provisions of the Subdivision Map act or of the Lake County Codes enacted pursuant thereto applicable to the property at the time it was acquired by the current owner of record, it may, as a condition of granting a Certificate of Compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by the Subdivision Map Act or Lake County Code enacted pursuant thereto. Upon making such a determination and establishing such conditions, the county shall cause a Conditional Certificate of Compliance to be filed for record with the Recorder of the county. Such Certificate shall serve as notice to the property owner who has 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.

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 County.

(Ord. No. 1148, § 1, 8-19-80)

80.6 Upon written request of the owner of the property, and without further application or proceedings, a Certificate of Compliance shall be automatically issued and filed for record for any real property which has been approved for development pursuant to Section 66499.34 of the Subdivision Map Act and Section 81.2 of this Article.

(Ord. No. 1148, § 1, 8-19-80)

81.3 If an agency or department issues a permit or grants approval for the development of any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or County ordinances enacted pursuant thereto, the Planning Director may impose those conditions that would have been applicable to the division of property at the time the current owner of record acquired the property, and which had been established at such time by the Subdivision Map Act or County ordinances enacted pursuant thereto, except that if a Conditional Certificate of Compliance has been filed for record under the provisions of subsection (b) of Section 66499.35 of the Subdivision Map Act, only such conditions stipulated in that certificate shall be applicable.

In determining whether 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 County ordinance, the Planning Director shall give consideration to:

(a) Whether the owner of the real property can rescind the agreement by which he 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 community sewer or is equipped with a sewage disposal system;

(d) Whether the real property has a domestic water supply;

(e) Whether the real property has the required frontage or access to a public or private roadway;

(f) Whether the current owner would have been required to dedicate land for any public purpose or install any improvements pursuant to the Subdivision Map Act or Chapter 17 of the Code, had the Subdivision or land division by which said property was created been submitted for approval at the time the current owner acquired the property.

(Ord. No. 1148, § 1, 8-19-80)

Any person aggrieved by any action of the Planning Director under the provisions of this Article may appeal such action to the Planning Commission for a public hearing thereon. Notice of said public hearing shall be given by the Planning Commission's Secretary in the manner provided by Section 8.8 of this Chapter.

(Ord. No. 1148, § 1, 8-19-80; Ord. No. 1165, § 20, 11-4-80)

Any action or determination of the Planning Commission may be appealed to the Board of Supervisors for a public hearing thereon. Notice of said public hearing shall be given by the County Clerk in the manner provided by Section 8.8 of this Chapter.

(Ord. No. 1148, § 1, 8-19-80; Ord. No. 1165, § 21, 11-4-80)