§ 21-71

Pursuant to the provisions of California Government Code section 66499.20 3/4, a merger and certificate of merger of existing adjoining parcels of real property may be authorized by the county surveyor and filed for record by the county recorder only where the county surveyor makes all of the following findings:

(a)

The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments; and

(b)

The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificated of compliance issued on them; and

(c)

The merger will not alter the exterior boundary of the parcels to be merged; and

(d)

The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel; and

(e)

All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the board of supervisors of the County of Santa Barbara, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of California Government Code Section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent; and

(f)

All necessary fees and requirements, including a fee for recording the documents, have been provided.

If the finding under subsection (b) above cannot be made, the county surveyor may nevertheless authorize the merger of two or more parcels of land of which at least one was not created in compliance with the Subdivision Map Act and/or local ordinances as an alternative to the issuance of a conditional certificate of compliance after consultation with the director of planning and development or designee.

(Ord. No. 3560, § 1; Ord. No. 4176, § 1: Ord. 4436, § 28)

Sec. 21-71.02. - Concurrent filing of record of survey.

Where a record of survey is deemed to be necessary by the county surveyor or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger.

(Ord. No. 3560, § 1; Ord. No. 4176, § 2)

Sec. 21-71.03. - Merger of parcels.

The filing of said merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.

(Ord. No. 3560, § 1)

Sec. 21-71.04. - Recording of merger without approval prohibited.

No person shall record a document merging separate legal parcels into a single parcel for the purposes of the Subdivision Map Act and local ordinances enacted pursuant thereto except in conformity with the provisions of this chapter.

(Ord. No. 3560, § 1)

Sec. 21-71.05. - Fees.

The board of supervisors shall establish by resolution such fees as may be required for the review and processing of a proposal for voluntary merger.

(Ord. No. 3560, § 1)

Division 12. - Recovery of Costs

Sec. 21-71.1. - Recovery of costs.

(a)

Purpose and Intent. This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this chapter in cases where no permit is required in order to cure a violation. The intent of this section is recoup administrative costs reasonably related to enforcement.

(b)

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein:

(1)

"Costs" means administrative costs, including staff time expended and reasonably related to enforcement, for items including site inspections, summaries, reports, telephone contacts and correspondence. Travel time for site inspections shall not be included.

(2)

"Department" means the planning and development department of the County of Santa Barbara.

(3)

"Director" means the director of the planning and development department, or any person within the department authorized by the director.

(4)

"Owner" means the record owner or any person having possession and control of the subject property.

(c)

The planning and development department shall maintain records of all administrative costs, incurred by responsible county departments, associated with the processing of violations and enforcement of this chapter and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at an hourly rate as established and revised from time to time by the board of supervisors.

(d)

Notice. Upon investigation and a determination that a violation of any of the provisions of this chapter is found to exist, the director, or any person within the department authorized by the director, shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on objections thereto.

The notice shall be in substantially the following form:

NOTICE

The Planning and Development Department has determined that conditions exist at the property at ___________ which violate Section ___________ of the County Code, to wit:

(description of violation)

---

---

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of this violation, at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is _______ per hour of staff time.

You will have the right to object to these charges by filing a Request for Hearing with the Planning and Development Department within ten days of service of the summary of charges, pursuant to Section 2171.1.6.

(e)

At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges you must file a Request for Hearing on the enclosed form within ten days of the date of this notice.

IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE COUNTY FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE COUNTY, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY.

Dated: ___________

---

Director

In the event that (a) a request for hearing is not timely filed, or (b) after a hearing the director affirms the validity of the costs, the property owner or person in control and possession shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county.

(f)

Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the director on his objections to the proposed costs in accordance with the procedures set forth herein.

(1)

A request for hearing shall be filed with the department within ten days of the service by mail of the department's summary of costs, on a form provided by the department.

(2)

Within thirty days of the filing of the request, and on ten days written notice to the owner, the director shall hold a hearing on the owner's objections, and determine the validity thereof.

(3)

In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.

(4)

The director's decision shall be appealable to the board of supervisors.

(Ord. 3609, § 1: Ord. No. 4436, § 26)

Any person who shall erect, construct, alter, enlarge, move or maintain any building or structure, or institute a use for which a permit is required by this article without first having obtained a permit therefor, shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the property, first pay such additional permit processing fees as established from time to time by the board of supervisors.

(Ord. 3609, § 1)

Sec. 21-71.3. - Public hearing notice.

(Ord. No. 4157, § 12)

Sec. 21-71.3.1. - Purpose and intent.

The purpose of this section is to set forth the minimum requirements for providing notice of a public hearing.

(Ord. No. 4157, § 12)

Sec. 21-71.3.2. - Notice of public hearing.

For all projects that require a noticed public hearing, notice shall be given pursuant to sections 6509065096 of the California Government Code. The minimum requirements for such notice shall be as follows:

(a)

Notice shall be published in at least one newspaper of general circulation within the county, and circulated in the area affected by the project, at least ten days prior to the hearing.

(b)

Notice shall be mailed to any person who has filed a written request therefor and has supplied the county with self-addressed stamped envelopes.

(c)

Notice shall be mailed to the applicant(s) and appellant(s).

(d)

Notice shall be mailed to the owners of the affected property and the owners of property within three hundred feet of the exterior boundaries of the affected property. The names and addresses used for such notice shall be those appearing on the equalized county assessment roll, as updated from time to time.

(e)

If the number of owners to whom notice would be mailed or delivered pursuant to section 21-71.3 of this division is greater than one thousand, the county may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least ten days prior to the hearing.

(Ord. No. 4157, § 12)

Sec. 21-71.3.3. - Contents of notice.

The notice shall contain the following information:

(a)

The date of filing of the application and the name of the applicant;

(b)

The resource management department number assigned to the application;

(c)

A description of the project and its location;

(d)

The place, date and general time of the hearing;

(e)

The procedure for the submission of public comments in writing before the hearing;

(f)

The procedure for public comments at the hearing.

(Ord. No. 4157, § 12)

Sec. 21-71.4. - Appeals.

(Ord. No. 4157, § 13: Ord. No. 4436, § 27; Ord. No. 4805, § 5, 10-18-2011)

Sec. 21-71.4.1. - Purpose and intent.

The purpose of this section is to provide procedures for accepting and processing appeals to the board of supervisors and the planning commission.

(Ord. No. 4805, § 5, 10-18-2011)

A.

Who May Appeal. An appeal may only be filed by an applicant or any aggrieved person. An aggrieved person is defined as any person who in person, or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing or decision, informed the decision-maker of the nature of their concerns or who for good cause was unable to do either.

B.

Appeals of Decisions of the County Surveyor or the Planning Commission.

1.

An appeal, which shall be in writing, and accompanying fee, of a decision of the county surveyor or the planning commission shall be filed with the clerk of the board of supervisors within the ten calendar days following the date of the decision that is the subject of the appeal.

a.

The time within which the appeal shall be filed shall commence on the day following the day on which the decision or determination was made. In the event the last day for filing an appeal falls on a non-business day of the county, the appeal may be timely filed on the next business day.

2.

The appellant shall use the form provided by the clerk of the board of supervisors in addition to any other supporting materials the appellant may wish to furnish explaining the reasons for the appeal. The appellant shall state specifically how the decision or determination of the county surveyor or the planning commission is inconsistent with the provisions and purposes of chapter 21 (Land Division) of the County Code or other applicable law, or the error or abuse of discretion committed by the county surveyor or the planning commission.

C.

Appeals of Decisions of the Planning Director or the Zoning Administrator.

1.

Filing, Form and Timing of an Appeal.

a.

An appeal, which shall be in writing, and accompanying fee, of a determination of the planning director or a decision of the zoning administrator shall be filed with the planning and development department within the ten calendar days following the date of the decision that is the subject of the appeal.

(1)

The time within which the appeal shall be filed shall commence on the day following the day on which the decision or determination was made. In the event the last day for filing an appeal falls on a non-business day of the county, the appeal may be timely filed on the next business day.

b.

The appellant shall use the form provided by the planning and development Department in addition to any other supporting materials the appellant may wish to furnish in compliance with subsection C.2 (Requirements for contents of an appeal) below, explaining the reasons for the appeal.

2.

Requirements for Contents of an Appeal. The appellant shall specifically provide in the appeal all of the following:

a.

The identity of the appellant and their interest in the decision.

b.

The identity of the decision or determination appealed which may include the conditions of that decision or determination.

c.

A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with the provisions and purposes of chapter 21 (Land Divisions) of the County Code or other applicable law.

d.

If it is claimed that there was an error or abuse of discretion on the part of the decision-maker, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the evidence presented for consideration leading to the making of the decision or determination that is being appealed, or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision was made, then these grounds shall be specifically stated.

3.

Acceptance of an Appeal. An appeal shall not be accepted by the planning director unless it is complete and complies with all requirements of subsection C.2 (Requirements for contents of an appeal) above. This decision of the planning director is final and not subject to appeal.

4.

Urban Lot Splits. The decision of the planning director on an urban lot split and modifications to an urban lot split is final and not subject to appeal.

D.

Appeal Fees. The appellant shall pay the required filing fee in compliance with the applicable fee established by the board of supervisors at the time of the filing of the appeal.

E.

Effect of Filing an Appeal. The filing of the appeal shall have the effect of staying the issuance of any permit or approval that is dependent on the decision that is the subject of the appeal until a final action has occurred on the appeal.

F.

Public Hearing Required. The decision-maker shall consider all appeals of decisions of the county surveyor, planning commission or zoning administrator in a noticed public hearing. Notice of the time and place of

the hearing shall be given and the hearing shall be conducted in compliance with section 21-71.3. (Public hearing notice).

(Ord. No. 4805, § 5, 10-18-2011; Ord. No. 5237, § 18, 2-11-2025)

Sec. 21-71.4.3. - Appeals to the planning commission.

A.

Decisions Appealed to the Planning Commission. The following decisions and determinations may be appealed to the planning commission provided the appeal complies with the requirements of section 2171.4.2 above.

1.

A determination by the planning director that an application for a conditional certificate of compliance is incomplete for processing in compliance with section 21-71.30.B.2.d.(2) (Appeal of determination).

2.

Any final action of the zoning administrator to approve, conditionally approve, or deny an application where the zoning administrator is designated as the decision-maker in compliance with section 21-6 (Discretionary decision-maker jurisdiction and designation of responsibility) and the property that is the subject of the application is located outside of the Montecito Community Plan area may be appealed to the planning commission.

B.

Report to the Planning Commission. The planning and development department shall transmit to the planning commission copies of the permit application including all maps and data and a statement identifying the reasons for the decision by the zoning administrator before the hearing on an appeal.

C.

Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D.

Action on Appeal. The planning commission shall affirm, reverse, or modify the decision of the zoning administrator.

(Ord. No. 4805, § 5, 10-18-2011)

Sec. 21-71.4.4. - Appeals to the board of supervisors.

The following decisions and determinations may be appealed to the board of supervisors provided the appeal complies with the requirements of section 21-71.4.2 above.

A.

Decisions Appealed to the Board of Supervisors.

1.

County Surveyor. Any final action on decisions of the county surveyor to approve or deny an application where the county surveyor is designated as the decision-maker in compliance with section 21-6 (Discretionary decision-maker jurisdiction and designation of responsibility), including a decision that an application for a certificate of compliance shall be processed as a conditional certificate of compliance and determination to record a notice of violation.

2.

Planning Commission. The following decisions of the planning commission may be appealed to the board of supervisors provided the appeal complies with the requirements of section 21-71.4.2 above.

a.

Any final action on decisions or determinations that are appealed to the planning commission in compliance with section 21-71.4.3 (Appeals to the planning commission) above.

b.

Any final action of the planning commission to approve, conditionally approve, or deny an application where the planning commission is designated as the decision-maker in compliance with section 21-6 (Discretionary decision-maker jurisdiction and designation of responsibility).

B.

Report to the Board of Supervisors.

1.

Appeals of Decisions of the Planning Commission. The planning and development department shall transmit to the board of supervisors copies of the permit application including all maps and data and a statement identifying the reasons for the decision by the planning commission before the hearing on an appeal.

C.

Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D.

Action on Appeal. The board of supervisors shall affirm, reverse, or modify the decision of the county surveyor or the planning commission. The decision of the board of supervisors shall be final.

(Ord. No. 4805, § 5, 10-18-2011; Ord. No. 4932, § 1(C), 8-25-2015)

Division 13. - Certificates of Compliance and Conditional Certificates of Compliance

Sec. 21-71.10. - Purpose and intent.

A.

Certificates of Compliance. This division provides procedures for the filing, processing, and approval or denial of applications for certificates of compliance, consistent with the requirements of chapter 21 (Land Division) of the County Code, and other applicable provisions of the County Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

B.

Conditional Certificates of Compliance. This division provides procedures for the filing, processing, and approval, approval with conditions or denial of applications for conditional certificates of compliance, consistent with the policies and standards of the Comprehensive Plan, the Local Coastal Program, article II and sections 35-1 and 35-2 of chapter 35, Zoning, of the County Code (the coastal zoning ordinance, the county land use and development code and the Montecito Land Use and Development Code), including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

(Ord. No. 4805, § 6, 10-18-2011)

Sec. 21-71.20. - Applicability.

A.

Certificates of Compliance. A certificate of compliance is a document recorded by the county recorder which acknowledges that the real property which is the subject of the application for the certificate of compliance is considered by the county to have been created in accordance with state law and local ordinance at the time of its creation.

B.

Conditional Certificates of Compliance. A conditional certificate of compliance is used instead of a certificate of compliance to validate real property which is the subject of the application for the conditional certificate of compliance that was not legally subdivided or that is a remainder of a subdivision of land by a government agency.

(1)

Applications for conditional certificates of compliance shall also be processed in compliance with the requirements of section 21-32A, Agricultural Buffers, of division 5, Subdivision Standards and Principles, of article I, Subdivisions, of this chapter.

(Ord. No. 4805, § 6, 10-18-2011; Ord. No. 4854, § 5, 4-16-2013)

Sec. 21-71.30. - Application filing and review.

A.

Who May Apply. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance or conditional certificate of compliance.

1.

Certificate of Compliance. An application for a certificate of compliance shall be filed with the county surveyor.

2.

Conditional Certificate of Compliance. Upon the county surveyor's determination that the certificate to be recorded is required to be a conditional certificate of compliance, an application for a conditional certificate of compliance shall be filed with the planning and development department.

B.

Contents of Application.

1.

Certificate of Compliance. An application for a certificate of compliance shall be filed on a county surveyor's office application form, together with required fees and/or deposits, and all other information and materials as identified in the county surveyor's office application for a certificate of compliance.

2.

Conditional Certificate of Compliance. An application for a conditional certificate of compliance shall be filed with the planning and development department in compliance with the following:

a.

Application Contents. Each application for a conditional certificate of compliance together with required fees and/or deposits, shall be filed with the planning director on a planning and development department application form, together with required fees and/or deposits, and all other information and materials as identified in the planning and development department application for the conditional certificate of compliance. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the planning director.

b.

Application Fees.

(1)

Timing of Payment. Required fees and/or deposits shall be paid at the time of filing the application with the planning director and no processing shall commence until the fee/deposit is paid.

(2)

Refunds and Withdrawals. The required application fees and/or deposits cover county costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the planning director shall have the discretion to authorize a partial refund based upon the pro-rated costs todate and the status of the application at the time of expiration or withdrawal.

c.

Filing and Acceptance of an Application. An application is considered to be filed after it has been accepted for processing by the planning and development department and required fees and/or deposits have been paid. The planning director shall review each application for receipt of all submittal requirements and accuracy prior to acceptance of the application. The planning director's acceptance of an application for processing shall be based on the planning and development department's required application contents (see subsection B.2.a, above).

d.

Special Provisions for Applications in Compliance with California Government Code Section 65943.

(1)

Notification of Applicant. Within thirty calendar days of either the initial application filing or subsequent filings after a determination of application incompleteness has been made, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the Incomplete letter, shall be provided.

(2)

Appeal of Determination. After an initial determination of application incompleteness, where the planning director has determined for a second or additional time that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the planning director is not required, the applicant may appeal the planning director's determination within the ten calendar days following the determination to the planning commission. The applicant may appeal the planning commission's action on the appeal within the ten calendar days following the final action by the planning commission.

(3)

Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness or incompleteness shall occur. The time available to an applicant for submittal of additional information is limited by subsection B.2.d.(4) (Expiration of application), below.

(4)

Expiration of Application.

(a)

If an applicant fails to provide the additional information specified in the planning director's letter within ninety days following the date of the letter, the application shall expire and be deemed withdrawn, without any further action by the county.

(b)

The planning director may grant one ninety-day extension.

(c)

After the expiration of an application, future county consideration shall require the submittal of a new, complete application and associated fees.

(5)

Environmental Information. After an application has been accepted as complete, the planning director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the requirements of the California Environmental Quality Act Guidelines.

e.

Referral of Application. At the discretion of the planning director, or where otherwise required by this chapter, the county code, or state or federal law, an application may be referred to any county department or public agency that may be affected by or have an interest in the application.

f.

Right of Entry/Inspection. Every applicant seeking a conditional certificate of compliance in compliance with this chapter shall allow county staff involved in the review of the application access to any premises or property which is the subject of the application at all reasonable times.

g.

Coastal Development Permit Requirement.

(1)

If an application for a conditional certificate of compliance is submitted for property located in the coastal zone, then an application for a coastal development permit shall also be submitted and shall be processed concurrently and in conjunction with the conditional certificate of compliance application except as follows:

(a)

The coastal commission is the decision-maker for the coastal development permit when the real property is located either within the retained permit jurisdiction of the coastal commission in compliance with Public Resources Code Section 30519(b) or in areas where the county's local coastal program has not been certified by the coastal commission.

(b)

The application for the coastal development permit shall be submitted and processed in compliance with Section 35.82.050 of section 35-1, the County Land Use and Development Code, of the County Code, or Section 35.472.050 of section 35-2, the Montecito Land Use and Development Code, of the County Code, as applicable depending on the location of the property for which the conditional certificate of compliance is applied for.

(Ord. No. 4805, § 6, 10-18-2011)

Sec. 21-71.40. - Processing.

A.

In General. After receipt of an application for a certificate of compliance, the county surveyor shall review all available information and determine whether the real property was divided in compliance with chapter 21 (Land Division) of the County Code, and other applicable provisions of the County Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application. The determination of the county surveyor is final subject to appeal in compliance with section 21-71.4 (Appeals).

B.

Certificates of Compliance. If the county surveyor determines that the real property was divided in compliance with subsection A. above, then the county surveyor shall cause the certificate of compliance to be filed for record with the county recorder in compliance with subsection E. below.

C.

Conditional Certificates of Compliance.

1.

If the county surveyor determines that the real property was not divided in compliance with subsection A. above, then the county surveyor shall direct that an application for a conditional certificate of compliance to be filed with the planning and development department.

(a)

The county surveyor shall also prepare a written analysis that will serve as the basis for processing of a conditional certificate of compliance. The analysis shall include:

(1)

A description of the history of the land division.

(2)

The reason the property was not legally divided or, in the case of remainders created by transfers to a government agency, the legal status of the property at the time of the transfer together with the date of that transfer.

(3)

References to provisions of state law and county ordinances applicable to the subdivision at the time the division or parcel creation in question occurred.

2.

After receipt of an application for a conditional certificate of compliance, the planning and development department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3.

The planning and development department shall refer the application for a conditional certificate of compliance to the subdivision/development review committee for review and recommendation to the decision-maker.

4.

The decision-maker shall hold at least one noticed public hearing on the requested conditional certificate of compliance and coastal development permit, if applicable, and either approve or conditionally approve the request.

5.

The action of the decision-maker is final subject to appeal in compliance with section 21-71.4 (Appeals).

6.

At the time that the conditional certificate of compliance is approved or conditionally approved, the decision-maker may impose conditions as provided by subsection D. (Conditions of approval), below.

D.

Conditions of Approval.

1.

Owners are Original Subdividers. If the owners of the real property for which a conditional certificate of compliance is being recorded are the original subdividers, then the decision-maker, in compliance with the Subdivision Map Act, may impose any conditions that would be applicable to a current subdivision of the property, regardless of when the property was divided.

2.

Owners are Not Original Subdividers. If the owners of the real property for which a conditional certificate of compliance is being recorded had no responsibility or are not "successors in interest" of the subdivision that created the real property, then the decision-maker may only impose conditions that would have been applicable to the subdivision at the time the real property was acquired by the current owners.

3.

Compliance with Conditions. Compliance with these conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the county.

E.

Completion of Process.

1.

Certificate of Compliance. The county surveyor shall file for record a certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the division complies with chapter 21 (Land Division) of the County Code, and other applicable provisions of the County Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable.

2.

Conditional Certificate of Compliance. Following expiration of the applicable appeal period of the final action by the decision-maker, the county surveyor shall file for record a conditional certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions adopted in compliance with subsection D. above, shall be required before subsequent issuance of a permit or other approval for the development of the property.

F.

Effective Date of Certificate. A certificate of compliance or conditional certificate of compliance shall not become effective until the document has been recorded by the county recorder.

(Ord. No. 4805, § 6, 10-18-2011)

Division 14. - Notices of Violation

Sec. 21-71.50. - Purpose and intent.

A.

Notices of Violation. This division provides procedures of issuing notices of intent to record notice of violation and to record notices of violation of California Subdivision Map Act or subdivision violations of this chapter of the County Code. Notices of violation are governed by provisions of California Government Code Section 66499.36 and this division.

(Ord. No. 4932, § 1(D), 8-25-2015)

Sec. 21-71.51. - Applicability.

A.

Notices of Violation. A notice of violation is a document issued by the county surveyor and recorded by the county recorder which serves as a constructive notice of violation to all successors in interest in a real property that the property has been conveyed in violation of the California Subdivision Map Act or this chapter. Reconveyance of a property with a notice of violation recorded against it is a further violation of the law. No permit or approval may be issued by the county for a property with a notice of violation prior to clearance of the violation by use of a conditional certificate of compliance, resubdivision or other affirmative action or approval by the county provided that the decision maker finds that such development would be contrary to the public health and safety.

(Ord. No. 4932, § 1(D), 8-25-2015)

Sec. 21-71.52. - Processing.

A.

The county surveyor shall make a preliminary determination that a property has been divided in violation of the Subdivision Map Act or this chapter. Upon such preliminary determination the procedures as outlined in this section shall be implemented.

Preliminary determination of a subdivision violation may arise as follows:

1.

If a property is determined to be illegally divided pursuant to an application for a certificate of compliance under division 13 of this Code and the owner does not apply for a conditional certificate of compliance within thirty days of notice of the determination of illegality.

2.

If a county agency or officer becomes aware that a property has been subdivided in apparent violation of the Subdivision Map Act or this chapter and reports said violation to the county surveyor.

3.

If a complaint by a member of the public is made to the county surveyor and a preliminary determination supports such complaint of an illegal subdivision of land.

The preliminary determination by the county surveyor shall include a review of prior actions by the county concerning the parcel and a search for any permits that may have been issued for the property that might legalize the parcel pursuant to California Government Code Section 66499.35(c).

B.

Upon such preliminary determination of a violation the county surveyor shall mail by certified letter to the then current owner or owners of record of the property a notice of intention to record a notice of violation, describing the real property in detail including the nature of the violation, naming the owners thereof, and stating that opportunity will be given to the owner to present evidence. The notice shall specify a time,

n of a violation the county surveyor shall mail by certified letter to the then current owner or owners of record of the property a notice of intention to record a notice of violation, describing the real property in detail including the nature of the violation, naming the owners thereof, and stating that 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 county surveyor 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 under subdivision (a) or (b) of Section 66412.6. The notice shall describe the evidence upon which the county surveyor is relying and inform the owner that this evidence is available for inspection. The notice shall include a statement that there has been no issuance of a permit that might serve to legalize the division pursuant to California Government Code Section 66499.35(c).

C.

The meeting shall take place no sooner than thirty days and no later than sixty days from date of mailing. If, within fifteen days of receipt of the notice, the owner of the real property fails to inform the county surveyor of his or her objection to recording the notice of violation, the county surveyor shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the county surveyor shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the county surveyor determines that the property has in fact been illegally divided, the county surveyor shall record the notice of violation with the county recorder not sooner than fifteen days thereafter. The surveyor shall prepare and issue a document with the finding of facts supporting the surveyor's decision.

D.

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.

E.

Should the owner disagree with the determination of the county surveyor, that owner may appeal within fifteen days of the county surveyor's written determination to the board of supervisors pursuant to section 21-71.4.2 of this Code. The board shall support its decision with written findings of the facts supporting the board's decision.

(Ord. No. 4932, § 1(D), 8-25-2015)

Article II. - Flood Control

Division 1. - Flood Control Fees for Division of Land Not a Subdivision