Chapter 16.24 — CERTIFICATES OF COMPLIANCE

Any person owning real property may request that the city determine whether the real property complies with the provisions of the Subdivision Map Act and of this chapter. Applications for determination shall be filed with the zoning administrator, along with a plot plan and any other information required by the zoning administrator, as well as any fee established by the city council.

(Ord. 1749 § 3)

After the filing of a request for a certificate of compliance, the zoning administrator shall determine whether the property or division of property complies with the provisions of the State Subdivision Map Act and this chapter, and whether a certificate of compliance shall be issued and recorded in the office of the county recorder or denied. (Ord. 1749 § 3)

• A. If the zoning administrator determines that the real property does not comply with the provisions of the Subdivision Map Act or of this chapter, but that development of the real property would not be contrary to public health or the public safety, it may grant a certificate of compliance. In such cases, the zoning administrator may, as a condition of granting a certificate of compliance and in order to protect the public health or the public safety, impose any conditions that would have applied to the division of the property at the time the current owner of record acquired the property. However, if the applicant owned the real property at the time of the noncompliant division of property, the zoning administrator may impose the conditions that would apply to a current division of the property. The provisions of the certificate of compliance shall be consistent with the general plan and any applicable specific plans.

• B. The conditions may be fulfilled and implemented by the property owner who applied for the certificate or by a grantee of the property owner.

  1. If the conditions are not fulfilled or implemented, the certificate of compliance shall have no force and effect upon any subsequent transfer of the property, and any subsequent transferee or assignee shall make a new application for a certificate of compliance.

  2. If the conditions are fulfilled to the satisfaction of the zoning administrator, the current owner of record may request that a notice of compliance be filed with the county recorder. The notice of compliance shall identify the real property, the book and page of the previously recorded certificate of compliance and a statement that the conditions of the certificate of compliance have been fulfilled to the satisfaction of the zoning administrator.

• (Ord. 1749 § 3)

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City of Oroville, CA

SUBDIVISIONS

§ 16.24.040

§ 16.24.070

Any certificate of compliance recorded pursuant to this chapter shall identify the real property and shall state that the division of real property complies with applicable provisions of the Subdivision Map Act and of this chapter. In addition, if the certificate of compliance is issued conditionally pursuant to the requirements of this chapter and Section 66499.35 of the Government Code, Title 7, Division 2, it shall specify such conditions. (Ord. 1749 § 3)

• A. If the zoning administrator determines that the real property does not comply with the provisions of the Subdivision Map Act or of this chapter and that conditions cannot be imposed to protect the public health and public safety, it shall deny the application for a certificate of compliance and shall initiate notice of violation proceedings pursuant to Chapter 16.20. If the owner appeals or applies for approval of a subdivision or parcel map pursuant to this chapter, the notice of violation procedures shall be held in abeyance until a final decision is made with respect to the appeal or map.

• B. Notice of denial of the application for a certificate of compliance shall be mailed to the applicant, advising him or her of the right to appeal the decision to the city council and further advising him or her that unless the applicant files such an appeal as provided in Section 16.04.060, or unless application is made for approval of a subdivision or parcel map, notice of violation procedures shall be initiated.

• (Ord. 1749 § 3)

A recorded final subdivision map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described in the map, provided that either of the following conditions apply:

• A. The map was recorded lawfully and in accordance with all regulations that applied at the time of recording.

• B. The map meets the requirements of Section 66412.6 of the Government Code. (Ord. 1749 § 3)

Any decision of the zoning administrator regarding a certificate of compliance may be appealed by the applicant to the city council as provided in Section 16.04.060. No certificate of compliance shall be recorded until the decision has become final, unless the applicant agrees in writing to waive his or her right to an appeal. (Ord. 1749 § 3)

Downloaded from https://ecode360.com/OR4980 on 2026-07-07

City of Oroville, CA

SUBDIVISIONS

§ 16.28.010

§ 16.28.040