§ 19.48

Whenever the County Assessor or the head of any City department finds that the provisions of this Title or of the Subdivision Map Act have been violated, he shall report such violation to the City Manager. It shall be the duty of the City Manager or his designee to investigate such report and enforce the provisions of this Title and the Subdivision Map Act.

Whenever the City Manager has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of City ordinances enacted pursuant thereto, he 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 the recording of the notice of intention to record a notice of violation, the City Manager or his designee shall mail a copy of such notice to the owner of the real property. The notice shall specify a time, date and place at which the owner may present evidence to the City Manager why such notice should not be recorded. If, after the owner has presented evidence, the City Manager determines that there has been no violation, he shall forthwith file 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 City Manager determines that the property has in fact been illegally divided, or if within 60 days of receipt of a copy of such notice the owner of such real property fails to inform the City Manager of his objection to recording the notice of violation, the City Manager 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 real property. The City Manager's duties under this Section may be delegated to the City Engineer.

(a)

The City or any other responsible agency shall not issue or grant building, grading or any other permit, or 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 City ordinances enacted pursuant thereto applicable at the time such division occurred unless the City Manager or, an appeal to the City Council, finds that development of such real property is not contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of record at the time of such violation or whether the applicant therefore is either the current owner of record or vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property.

(b)

All applications for permits or approvals necessary for the development of real property shall be reviewed by the City Engineer, who shall determine whether the real property has been subdivided or has resulted from a division in violation of the Subdivision Map Act or City ordinances enacted pursuant thereto. The City Engineer shall also make such a determination upon a receipt of a written request from the owner of such real property or the vendee of the current owner of record pursuant to a contract of sale of the real property or upon receipt of written notification of the authority or body responsible for granting a permit or approval. The City Manager may approve real property for development pursuant to Subsection (a) and shall so inform the owner or vendee thereof and the authority or body authorized to issue or grant the permit or approval for development. If it is determined that such real property is approved for development, the City Manager may impose those conditions that would have been applicable to the division of the property and which had been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto and are appropriate to satisfy public health and safety considerations and other considerations as are hereinafter specified unless the applicant was the owner of record at the time of the initial violation in which event the City Engineer may impose such conditions as would be applicable to a current division of property. If a conditional Certificate of Compliance has been filed for record under the

provisions of Section 19.48.040, only such conditions stipulated in that certificate shall be applicable. If real property is approved for development the City Engineer shall cause a Certificate of Compliance relative to the subject real property and reflecting any conditions of development to be filed with the County Recorder pursuant to Section 19.48.040 of this chapter.

(c)

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 City ordinances enacted pursuant thereto, the City Engineer or the City Council shall give consideration to:

(1)

Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefore;

(2)

Whether the real property meets the requirements of the applicable zoning regulations;

(3)

Whether the real property has a satisfactory potable water supply;

(4)

Whether the real property has legal access to a City or county-maintained road;

(5)

Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or City ordinances enacted pursuant thereto had the subdivision by which the real property was created been submitted for approval at the time the current owner acquired the property.

(d)

Approval for development shall be granted for development of real property where improvements have been completed prior to the time a permit or grant of approval was required for development of the property, or for development of real property for which improvements have been completed in reliance on a previous permit or grant of approval for development, unless the City Engineer finds that development is contrary to the public health or safety.

(e)

Whenever any person submits an application for a building or any other permit for proposed construction of more than one main building as defined in Title 20 on any single lot or building site, the Building Director shall refer such application together with the plot plan to the City Engineer for his determination as to whether such proposed construction would create a subdivision. The permit for such proposed

construction shall not be issued unless the City Engineer has approved the plot plan and determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this Title.

(f)

A request for development approval or a Certificate of Compliance shall be accompanied by a fee established by City Council resolution.

(g)

The City Manager's duties under this Section may be delegated to the City Engineer.

(a)

Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the City Manager make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto, or that such real property does not comply with the provisions, and the City Manager shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Manager shall cause a certification of compliance relative to such property to be filed for record with the County Recorder.

If the subject real property is found not to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Manager may issue a notice of violation or a conditional Certificate of Compliance. When issuing a conditional Certificate of Compliance the City Manager may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property and which had been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto. Upon making such a determination and establishing such conditions, the City Engineer shall cause a conditional Certificate of Compliance setting forth such conditions to be filed for record with the County Recorder, fulfillment and implementation of the conditions shall be required prior to the subsequent issuance of a permit or grant of approval for development of the property, but compliance with such conditions shall not be required until such time as a building permit or granting permit is issued by the City.

(b)

Certificates of compliance shall be issued for real property that:

(1)

Has been approved for development pursuant to Section 19.48.030 of this chapter;

(2)

Has been approved for division, and the requirement for preparing, filing and recording a parcel map has been waived pursuant to Section 19.24.150 of this Title.

(c)

A recorded final subdivision map or recorded parcel map shall constitute a Certificate of Compliance with respect to the lots described therein, and no additional certificates of compliance shall be issued therefore.

(d)

The City Manager's duties under this Section may be delegated to the City Engineer.

Any interested person may appeal any action of the City Manager or his designee pursuant to this chapter to the City Council as provided in Section 19.24.140 of this Title.

Any person violating any of the provisions of this Title is guilty of a misdemeanor and shall be subject to imprisonment for a period not exceeding six months and a fine not exceeding $500.00, or by both such imprisonment and such fine.

If any provision of this Title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application thereof, and to this end the provisions of this Title are severable.

(a)

For purposes of this Title, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if at the time of the creation of the parcel there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels.

(b)

For purposes of this Title, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of this division or the local ordinance. Owners of parcels or units of land affected by the provisions of this subdivision shall be required to obtain a Certificate of Compliance or a conditional certificate of compliance pursuant to this chapter prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this Title or the Subdivision Map Act, as required pursuant to Section 19.48.040, the presumption declared in this subdivision shall be operative.

(Ord. No. 90-847, 5-8-90)