Lincoln Municipal Code Ch. 17.52 Certificates of Compliance

Any person owning real property within the city or a vendee of such person pursuant to a contract of sale of such real property may apply for the issuance of a certificate of compliance stating that such real property or any division thereof complies with the provisions of this ordinance and the Subdivision Map Act. Such application shall be filed with the planning director upon such forms and accompanied by such information as may be prescribed by the planning director. The application shall be accompanied by a filing fee as determined by resolution of the council.

(Ord. 347B §7, 1978: Ord. 324B §13-1, 1977)

(a) Within 45 days after the filing of the request, unless such time is extended by agreement with the property owner, the commission shall conduct a hearing to determine whether a certificate of compliance shall be issued.

(b) If the commission determines that the property or division thereof complies with the provisions of the Subdivision Map Act and this title, it shall cause a certificate of compliance to be filed for record with the county recorder.

(Ord. 324B §13-2, 1977)

If the commission determines that the property or division thereof does not comply with the Subdivision Map Act or local ordinances applicable to the property at the time the applicant acquired his interest therein, it may recommend to the council the approval of a conditional certificate of compliance. The council may impose such conditions as would have been applicable at the time the applicant acquired title and which had been authorized at such time by the Subdivision Map Act or local ordinances. The council shall cause the certificate of compliance to be recorded.

(1) Such certificate shall serve as notice to the property owner or vendee 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.

(b) 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 city.

(Ord. 347B §8, 1978: Ord. 324B §13-3, 1977)

No officer, department or agency of the city 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 of the provisions of ordinances enacted pursuant thereto if the council finds that the development of such real property is contrary to the public health and safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee of 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 property.

(Ord. 347B §9, 1978: Ord. 324B §13-4(part), 1977)

The council may grant a conditional certificate of compliance for a division of land which resulted from a violation of the Subdivision Map Act or local ordinance enacted pursuant thereto, if it finds that such approval is not contrary to the public health or safety. It may impose those conditions that 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 local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of subdivision (b) of section 66499.35 of the Subdivision Map Act, only such conditions stipulated in that certificate shall be applicable.

(Ord. 324B §13-4 (part), 1977)