Monterey County Municipal Code Ch. 19.14 Enforcement and Penalty

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, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by this ordinance until such map thereof is in full compliance with the provisions of this ordinance and has been filed for record by the County Recorder.

B. Nothing contained in this ordinance shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required under this Subdivision.

C. Nothing in this Section shall in any way modify or affect the provisions of Section 11018.2 of the Business and Professions Code.

D. No grading or clearing of trees, brush or vegetation exceeding shall be allowed that which is necessary for surveying or on-going land and vegetation maintenance purposes as evidenced by a inspection of the property to be subdivided prior to the approval of a tentative map or tentative parcel map shall be cause for disapproval or the tentative map or tentative parcel map. No application for a tentative map or tentative parcel map may be accepted for processing of a subdivision for a term determined by the Board of Supervisors to allow for proper compaction and re-establishment of disturbed soil covered by appropriate vegetation.

E. No grading or clearing of trees, brush or vegetation shall be allowed exceeding that which is necessary for surveying or on-going land and vegetation maintenance purposes as evidenced by a field inspection of the property to be subdivided prior to the approval of the improvement plans by the Board of Supervisors. Any such grading and clearing of trees, brush or vegetation may be cause for disapproval of the final or parcel map by the Board of Supervisors. No final or parcel map may be processed for a term determined by the Board of Supervisors to allow for proper compaction and re-establishment of disturbed soil covered by appropriate vegetation.

All departments, officials, and public employees of the County of Monterey which are vested with the duty of authority to issue permits or licenses, shall conform to the provisions of this Title, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this Title, and any such permits or licenses, if issued in conflict with the provisions of this Title, shall be null and void.

A. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this Title, and/or any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Title, shall be, and the same is hereby declared to be a violation of this Title, and a public nuisance.

B. Repealed.

(Ord. 3659 § 8, 1993)

Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this Title shall be voidable at the option of the grantee in accordance with the provisions of Sections 66499.32 and 66499.33 of the Government Code of the State of California, as the same may be amended from time to time.

When an application for a Standard or Minor Subdivision is denied by the Appropriate Authority, no new application for a Standard or Minor Subdivision which is substantially the same design as the one denied shall be considered for a period of one year following such denial.

A. A particular parcel which has the status of being a legal parcel shall be determined by consideration of whether the parcel is:

1. Entitled to a Certificate of Compliance pursuant to Chapter.

2. In violation of the Subdivision Map Act or the Monterey County Subdivision Ordinance.

B. An interested person may apply for a Parcel Legality Status Determination by application pursuant to the procedures set forth in this Chapter. If the County determines that the parcel in question is shown on a duly filed and recorded Final Map, Parcel Map, or Official Map (as defined at Government Code Section 66410 et seq.) or entitled to an Unconditional Certificate of Compliance, or has satisfied all conditions of a Conditional Certificate of Compliance, such parcel shall be determined to be a legal parcel so long as it is not combined or merged with another parcel or in violation of the Subdivision Map Act or the Monterey County Subdivision Ordinance. Determination that a parcel is a legal parcel does not entitle the parcel owner to issuance of a building permit or other development permit or approval absent application for and compliance with the requirements for a building permit or other development permit or approval.

1. The application shall consist of a letter of request for a Parcel Legality Status Determination with the following information:

a. The name(s) of the current owner of record;

b. The assessor's parcel numbers(s);

c. The assessor's parcel map(s) with boundary lighted of the parcel in question;

d. Evidence which indicates legality of the parcel of the time of its creation.

2. Evidence of parcel legality shall consist of the requirements as indicated in Section 19.14.045.

3. If a parcel(s) is deemed legal, the County shall record an Unconditional Certificate of Compliance describing said real property.

4. If the County determines that the parcel in question does not meet the requirements, the County shall issue a Conditional Certificate of Compliance pursuant to Section 19.14.050.

A. Any person owning real property, or is buying such land under a contract of sale may request the County to determine by application for Parcel Legality Status Determination whether the real property in question complies with the provisions of the Subdivision Map Act and County Ordinances enacted pursuant thereto.

1. A parcel qualifies for an Unconditional Certificate of Compliance if the real property in question complies with the provisions of the Subdivision Map Act and County Ordinances enacted pursuant thereto as follows:

a. The subject property is 2.5 acres or greater and was conveyed by a separate document as a separate parcel on or before March 7, 1972. Written evidence shall be required to support this finding. Evidence may be in the form of a contract of sale, grant deed, or deed of trust which was recorded on or before March 7, 1972, or other evidence such as copies of receipts for installment payments, etc., or similar written documentation which establishes a bonafide conveyance on or before March 7, 1972;

b. The subject property is less than 2.5 acres and was conveyed by a separate document as a separate parcel on or before March 3, 1964. Evidence may be in the form of a contract of sale, grant deed, or deed of trust which was recorded on or before March 3, 1964 or other evidence such as copies of receipts for installment payments, etc., or similar written documentation which establishes a bonafide conveyance on or before March 3, 1964; and

c. The parcel in question complies with the provisions of the Subdivision Map Act at the time of its creation; and

d. At the time the contract, deed, or other document creating the subject parcel was signed, the subject parcel was signed, the subject parcel complied with the applicable County ordinances then in effect, including the parcel size required by the then applicable zone district; and

e. The parcel in question has not been combined by the owner, and is not subject to merger; or

2. The parcel in question has been "approved for development" pursuant to Government Section 66499.34:

a. By issuance of a permit or grant of approval for development of the parcel in question; or

b. By improvement that have been completed prior to the time a permit or grant of approval for development was required by the County Ordinances in effect at the time of the improvement; or

c. By improvements that have been completed in reliance upon a permit or grant of approval for development; or

3. The parcel in question is conclusively presumed to be lawfully created, pursuant to Government Code Section 66412.6, under the following circumstances.

a. A parcel created by a minor land division shall be conclusively presumed to be lawfully created if: Fewer than five parcels were created at the time of creation of the parcel in question; and the parcel was created on or before March 7, 1972.

b. A parcel owned by a subsequent bonafide purchaser shall be conclusively presumed to be lawfully created if the parcel was created on or before March 7, 1972; and the parcel was acquired by a subsequent purchaser for valuable consideration and without actual or constructive knowledge of a violation of the Subdivision Map Act or County Ordinance enacted pursuant thereto; and

c. At the time of its creation, the parcel complied with the Subdivision Map Act and County Ordinances enacted pursuant thereto. If the parcel owned by the subsequent bonafide purchaser did comply with the Subdivision Map Act and County Ordinances enacted pursuant thereto at the time of its creation, then a Conditional (rather than an Unconditional) Certificate of Compliance shall be issued pursuant to 19.14.050.

4. For purposes of Subsection 19.14.045A1b, a parcel shall be deemed created on or before March 7, 1972, if prior thereto the parcel was conveyed by a deed, deed of trust, or bonafide contract of sale (and in the case of a division creating five or more parcels was in compliance with County Ordinances in effect at the time, including minimum parcel size). A parcel shall not be deemed created if it was:

a. Solely the result of a right-of-way dividing parcels; or

b. Shown solely on an unrecorded subdivision map or an unrecorded parcel map; or

c. As to divisions creating five or more parcels, the parcel did not meet the minimum parcel size of the zoning applicable to the property at the time such parcels were originally created; or

d. The parcel was described as a "parcel" on one deed and the owner is unable to present documentation showing that the parcel was previously separately conveyed by a separate recorded on or before March 7, 1972; or

e. The parcel was created under circumstances which demonstrate an intent to circumvent the Subdivision Map Act or County Ordinances adopted pursuant thereto.

A. If the County determines that the parcel in question does not comply with the provisions of the Subdivision Map Act or County Ordinances enacted pursuant thereto, and does not other wise qualify for an Unconditional Certificate of Compliance, it shall issue a Conditional Certificate of Compliance, as follows:

1. If applicant is the current owner of record and was the owner of record at the time of the initial violation, the County shall issue and record a Conditional Certificate of Compliance imposing conditional as would be applicable to a current division of the property.

2. If applicant was not the owner at the time of the initial violation, the County shall issue and record a Conditional Certificate of compliance imposing such conditions as would have been applicable to the division of the property at the time applicant acquired his or her interest therein.

B. The effect of the Certificate of Compliance is as follows:

1. An Unconditional Certificate of Compliance operates as a final determination that the parcel in question is a legal parcel for the purpose of sale, lease or financing. Such Certificate does not entitle the parcel owner to a building permit or grant of development approval absent compliance with other requirements for such building permit or development approval.

2. A Conditional Certificate of Compliance serves as notice to the applicant or subsequent grantee, transferee, or assignee that fulfillment and implementation of the conditions given shall be required prior to the parcel in question being deemed a legal parcel for the purpose of sale, lease, or financing. For that reason, conditions relating to violation, combination or merger shall be included. Compliance with such conditions does not entitle the parcel owner to a building permit or grant of development approval absent compliance with other requirements for such building permit or development approval.

C. The County may, as a condition to granting a Certificate of Compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and which had been established at such time by this Title enacted pursuant thereto, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this Title enacted pursuant thereto who by a grant of the real property created a parcel or parcel in violation of title enacted pursuant thereto, 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 of this Title enacted pursuant thereto, then the County may impose such conditions as would be applicable to a current division of the property. Upon making such a determination and establishing such conditions, the County shall record a Conditional Certificate of Compliance to be filed for record with the County Recorder. The certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this Title, 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.

D. Whenever the County has knowledge that real property has been divided in violation of the provisions of this Title enacted pursuant to State Law, it shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the appropriate decision making body why the notice should not be recorded. The notice shall also contain a description of the violations and an explanation as to why the subject parcel is not lawful.

E. The meeting shall take place no sooner than thirty (30) days and no later than sixty (60) days from date of mailing. If, within fifteen (15) days of receipt of the notice, the owner of the real property fails to inform the County of his or her objection to recording the notice of violation, the appropriate decision making body shall direct the recording of the notice of violation with the County Recorder. If, after the owner has presented evidence, the appropriate decision making body determines that the property has in fact been illegally divided, the County shall record the notice of violation with the County recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to the successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.

A recorded final map or parcel map, shall constitute a Certificate of Compliance with respect to the parcels of real property described therein.