Loomis Municipal Code Ch. 14.64 Enforcement and Penalties

No building permit, grading permit or any other permit or approval necessary to real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title that were applicable at the time such division occurred, unless the planning director, as hereinafter provided, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property. Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that they may file an application with the planning director for a determination as to whether the development of the property would not be contrary to public health, welfare or safety and for the possible issuance of a certificate of compliance.

(Ord. 185 § 1, 1998)

A. Classification of Certificates of Compliance.

1. Certificates of Compliance. A certificate of compliance is used when the real property is in compliance with the Subdivision Map Act and this title.

2. Conditional Certificate of Compliance. A conditional certificate of compliance is used when the planning director determines that the property was divided in violation of the Subdivision Map Act or this title.

3. Certificate of Compliance and a Waiver of a Parcel Map. A certificate of compliance is required on all subdivisions for which the requirement to file or parcel map has been waived. Since there is no map to record, a certificate is necessary to record a legal description of the property which has been divided.

B. Application. The following procedures shall apply to applications for approval of a certificate of compliance. Any owner of real property, including owners denied a permit, may file an application for a certificate of compliance. A separate application shall be made to the planning director, accompanied by the fees 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 waiver of a parcel map. Each completed application shall be accompanied by the following:

1. A map shall be submitted, drawn on a form provided by the planning department. The map shall be legibly drawn, in ink, to an engineer's scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the location, width and names of all streets and roads adjacent to and providing access to the property.

2. The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements.

3. A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection.

4. The map shall show the name, address, telephone number and signature of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner.

5. The map shall show the current zoning on the property and the current assessor's parcel number.

6. The application shall also include:

a. A legible copy of the current owner's grant deed or contract of sale;

b. A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property;

c. Documentation of recorded access to the subject property unless abutting a public street;

d. A legal description for the subject property to be typed on plain white paper, eight and one-half inches by eleven inches in size, with one inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance.

e. A lot book report that shows transactions of the subject property for the previous four years.

C. Processing and Issuance.

1. Certificate of Compliance.

a. Upon receipt of a completed application, the planning director shall review the matter and within fifty days after receipt of the completed application make a final determination as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to the public health, welfare and safety.

b. If the planning director determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided the planning director shall cause certificate of compliance to be filed for record with the county recorder.

2. Conditional Certificate of Compliance.

a. If upon receipt of a completed application the planning director determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, the planning director may issue a certificate of compliance contingent upon the completion of specified conditions.

b. The planning director shall submit the applications to the subdivision review committee at one of its regular meetings for its report, recommendations and to establish appropriate conditions.

c. The planning director may impose 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, except that where the applicant was the owner of record at the time of the initial violation who by a grant of the real property created a parcel or parcels in violation, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the planning director may impose such conditions as would be applicable to a current division of the property or the requirement of filing on a tentative parcel or tract map.

i. When the planning director imposes conditions, the director all file for record with the county recorder a conditional certificate of compliance.

ii. The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

iii. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the town or any other subsequent jurisdiction, unless the property is thereafter included as a part of a legal division of such real property pursuant to the provisions of this title.

3. Upon completion of conditions, the owner shall notify the planning director. If the conditions are satisfactorily completed, the planning director shall then issue and record a final certificate of compliance.

D. Certificate of Compliance and Waiver of Parcel Map.

1. A certificate of compliance is required on all subdivisions for which the requirement to file a parcel map has been waived.

2. The planning director shall distribute the final copy of the certificate of compliance and waiver of parcel map to the building official and county recorder's office.

E. Appeal to Planning Commission. The decision of the planning director regarding a certificate of compliance may be appealed to the planning commission within ten calendar days after the date of the decision by the planning recorder. Upon receipt of a completed appeal, the planning director shall set the matter for before the planning commission, not less than ten days nor more than sixty days thereafter, and shall give written notice of the hearing, by mail, to the applicant. The planning commission shall render its decision within thirty days following the close of the hearing on the appeal and a copy thereof shall be mailed to the appellant.

(Ord. 185 § 1, 1998)

Whenever the planning director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, the director shall cause to be filed for record with the county recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, 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 by certified mail to the owner of such property. The notice shall specify a time, date and the place at which the owner may present evidence to the planning commission why such notice should not be recorded. If, after the owner has presented evidence, the planning commission finds that there has been no violation, the planning director shall file a release of the notice of intention to record a notice of violation with the county recorder. If, after the owner has presented evidence, the planning commission determines that the property has, in fact, been illegally divided, or within sixty days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of such real property fails to inform the planning commission as to why the involved real property has not been illegally divided, 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. 185 § 1, 1998)

A. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy, for which a final subdivision map is required by this title except model homes, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the county recorder.

B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a final parcel map is required by this title, except model homes, until such map thereof in full compliance with the provisions of this title has been filed for record by the recorder.

C. Conveyances of any part of a division of real property for which a final subdivision or parcel map is required by this title, shall not be made by parcel or block number, initial or other designation until such map has been filed for record by the recorder.

D. This section does not apply to any parcel or parcel of a division offered for sale, lease or finance, contracted for sale, lease finance, or sold, leased or financed in compliance with or exempt from this title at the time the land division was established.

(Ord. 185 § 1, 1998; Ord. 207 § 47, 2003)

All remedies provided for in this title shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting a prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

(Ord. 185 § 1, 1998)

Any person who obtains or files an application to obtain an approval of any kind under the provisions of this title shall hold the town, its officers and agents, harmless from any liability or claim of liability, including costs, attorney fees and any claims of the applicant, arising out of the issuance of an approval, or the denial thereof, or arising out of any condition thereof held void or invalid by a court of law.

(Ord. 185 § 1, 1998)