Santa Clara County Municipal Code Part 2 Certificate of Compliance—Notice of Violation

(a) Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the County shall determine, whether such real property complies with the provisions of this chapter. Upon making such a determination, the Planning Office shall cause a certificate of compliance to be filed for record with the County Clerk-Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of this chapter.

(b) If the County determines that such real property does not comply with the provisions of the chapter it 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 interest therein, and which has been established at such time by this chapter. Upon making such a determination and establishing such conditions, the County shall cause a conditional certificate of compliance to be filed for record with the County Clerk-Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, 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.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the County.

(c) A certificate of compliance shall be issued for any real property which has been approved for development pursuant to this chapter.

(d) A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 41, 12-13-16)

Whenever the County has knowledge that real property has been divided in violation of the provisions of this chapter, it 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, and 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 local agency shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date, and place at which the owner may present evidence to the Board or advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the County shall record 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 Board or advisory agency determines that the property has in fact been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the County of his objection to recording the notice of violation, the Board or advisory agency 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.

(Ord. No. NS-1203.35, § 4, 3-13-78)