Article XII — CERTIFICATES OF COMPLIANCE AND NOTICES OF VIOLATION

The Planning Director is delegated the authority for the issuance of

Certificates of Compliance pursuant to the provisions of Section 66499.35 of the subdivision Map Act and this Article.

(Ord. No. 1148, § 1, 8-19-80)

Any person owning real property may request in writing the issuance of a Certificate of

Compliance stating such real property (or any division thereof) complies with the provisions of the Subdivision Map Act and of the Lake County Code enacted pursuant thereto.

(Ord. No. 1148, § 1, 8-19-80)

may be required of the applicant, the Planning Director shall make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and the Lake County Code, or that such real property does not comply with said provision and shall notify the applicant and owner thereof in writing, setting forth the particulars of such compliance or noncompliance.

(Ord. No. 1148, § 1, 8-19-80)

County Code, the Planning Director shall cause a Certificate of Compliance to be filed for record with the Lake County Recorder. The Certificate of Compliance shall identify the real property and shall state that the

division thereof complies with applicable provisions of the Subdivision Map Act and of the Lake County Code enacted pursuant thereto.

(Ord. No. 1148, § 1, 8-19-80)

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)

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)

respect to the parcel of real property described therein.

(Ord. No. 1148, § 1, 8-19-80)

Certificate of Compliance shall be automatically issued and filed for record for any real property for which an application for waiver of the requirements of a parcel map has been approved under Section 22.13 et seq. of this Chapter.

(Ord. No. 1148, § 1, 8-19-80)

At the time of filing, any request pursuant to this Article intended to result in the issuance of

Certificate of Compliance, there shall be paid to the Planning Department a fee as established by resolution of the Board of Supervisors.

(Ord. No. 1148, § 1, 8-19-80)

provisions of the Subdivision Map Act or the Lake County Code, he shall cause to be filed for record with the recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the Planning Director shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date and place at which the owner may present evidence to the Planning Director why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Planning Director shall record a release of the notice of intention to record a notice of violation with the county recorder. If, however, after the owner has presented evidence, the Planning Director determines that the property has in fact been illegally divided, or if within 60 days of receipt of such copy the owner of such property fails to inform the Planning Director of his objection to recording the notice of violation, the Planning Director shall record the notice of violation with the county recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County recorder shall index the names of the fee owners in the general index.

(Ord. No. 1148, § 1, 8-19-80)

No agency or department of the County of Lake shall issue

any permit or grant any approval necessary to develop 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 the provisions of County ordinances enacted pursuant thereto unless the Planning Director finds that the development of such real property is not contrary to the public health, safety or general welfare. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of the real property at the time of such violation or whether the applicant therefore is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

(Ord. No. 1148, § 1, 8-19-80)

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)

Appeals shall be addressed to the appellate body, in writing, and shall state the

basis of the appeal. Appeals shall be filed in the Planning Department not later than five o'clock p.m. of the fifth working day following the date of the action from which the appeal is taken. Appeals shall be accompanied by the filing fee as specified in the resolution of the Board of Supervisors establishing fees for subdivisions.

(Ord. No. 1148, § 1, 8-19-80)

Appeals shall be governed by the procedures and time limits as set forth

in Government Code Section 66452.5 except as expressly provided herein. For the purposes of this Article "appeal board" shall mean the Planning Commission and "legislative body" shall mean the Board of Supervisors. Both the Planning Commission and the Board of Supervisors on appeal may sustain, modify, reject or overrule any action of the Planning Director or the Planning Commission.

(Ord. No. 1148, § 1, 8-19-80)