Tuolumne County Municipal Code Ch. 16.22 Administration and Enforcement

Sections:

• 16.22.010 Policy-Compliance required.
• 16.22.020 Issuance or denial of permit-Imposition of conditions.
• 16.22.030 Certificate of compliance.
• 16.22.040 Notice of intention to record a notice of violation.
• 16.22.050 Noncompliance a misdemeanor.
• 16.22.060 Enforcement responsibility.
• 16.22.070 Administrative enforcement.
• 16.22.080 Expiration of application review.

policy of the County to strictly enforce the provisions of state law and this County's ordinances relative to division of land. The primary focus of the County's enforcement efforts shall be in regard to ongoing divisions of land. The County will also investigate cases where a certificate of compliance has been requested or information is obtained indicating the possibility of a division of land without compliance with the applicable provisions of law.
(Ord. 3290 § 4, 2015; Ord. 1562 § 2 (part), 1987)

Imposition of conditions. A. The County shall not issue any permit or grant 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 and this Title if it finds that development of such real property is contrary to the public health or the public safety.
The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a 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/her interest in such real property. B. If the County issues a permit or grants approval for the development of any such real property, it may impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his/her interest in such real property, and which has been established at such time by the Subdivision Map Act or this Title, except that where the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act and this Title who, by a grant of the real property created a parcel or parcels in violation of the Subdivision Map Act and this Title, 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 the Subdivision Map Act and this Title, then the County may impose such conditions as would be applicable to a current division of the property, and except that, if a conditional certificate of compliance has been filed for record under the provisions of Section 16.22.030, only such conditions stipulated in that certificate shall be applicable. (Ord. 3290 § 4, 2015; Ord. 1562 § 2 (part), 1987)

(Ord. 3290 § 4, 2015; Ord. 2612 § 14, 2005; Ord 2295 § 4, 1999; Ord. 2018 § 1 (part), 1993)

A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request a determination, by application to the County Surveyor, as to whether such real property complies with the provisions of the Subdivision Map Act and this Title. An application for Certificate of Compliance signed by the property owner or vendee shall be submitted along with a Chain of Title prepared by a Title Company and/or other supporting documents, as required by the County Surveyor, necessary to make the determination.
Upon making such a determination, the County Surveyor shall cause a certificate of compliance to be filed for record with the County Recorder and shall notify the property owner in writing of such recording within ten days. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this Title.
B. If the County Surveyor determines that such real property does not comply with the 16-30

provisions of the Subdivision Map Act and this Title, he/she 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/her interest therein, and which had been established at such time by the Subdivision Map Act and this Title, except that where the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or this Title who by a grant of the real property created a parcel or parcels in violation of the Subdivision Map Act or this Title, 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 the Subdivision Map Act or this Title, then the County Surveyor 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 Surveyor shall cause a conditional certificate of compliance to be filed for record with the County Recorder and shall notify the property owner in writing of such recording within ten days. 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. Some or all of the applicable conditions may be waived or modified if it is found that:

1. There are unique attributes of the particular parcel of land such that it would not be feasible to comply with the conditions;
2. The applicant has satisfactorily shown that he/she was a bona fide purchaser without knowledge of the violation;
3. Such action would not be contrary to the public safety. C. A request for a certificate of compliance shall be accompanied by the applicable fees set forth in Chapter 3.40 of this Code. D. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 16.22.020. E. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Ord. 3290 § 4, 2015; Ord. 2325 § 12, 2000; Ord. 1562 § 2 (part), 1987)

of violation. A. Whenever the County Surveyor has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act and this Title, he/she 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 describing the violation. The notice of intention shall also contain an explanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Government Code Section 66412.6 and shall state that an opportunity will be given to the owner to present evidence. The notice of intention shall specify a time, date, and place at which the owner may present evidence to the County Surveyor as to why the notice of violation should not be recorded.
The meeting shall take place no sooner than thirty days and not later than sixty days from date of mailing. B. If the owner of the real property fails to notify the County Surveyor of his/her objection to recording the notice of violation by the date set forth in the notice of intention, the County Surveyor shall record the notice of violation with the County Recorder.
C. If, after the owner has presented evidence, the County Surveyor determines 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.
D. A recorded notice of violation 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. (Ord. 3290 § 4, 2015; Ord. 2325 § 14, 2000; Ord. 1562 § 2 (part), 1987)

person shall sell, lease or finance any parcels of real property for which a final or parcel map is required, except as provided in Government Code section 66499.30(a) or (b), until such map thereof in full compliance with state law and this Title has been filed for record with the recorder of the county in which any portion of the subdivision is located.
Except as otherwise provided, any person who violates any provision of this Title shall be guilty of a 16-31

misdemeanor. (Ord. 3290 § 4, 2015; Ord. 1562 § 2 (part), 1987)

provisions of this Title shall be enforced by the County Surveyor, except enforcement of any restrictive conditions continuing after recordation of a final or parcel map shall be enforced by the Code Compliance Officer. (Ord. 3290 § 4, 2015; Ord. 2296 § 29, 1999)

Enforcement of any restrictive conditions continuing after recordation of a final or parcel map shall be enforced as provided in Chapter 1.10 of this Code.
(Ord. 3290 § 4, 2015; Ord. 2296 § 30, 1999)

A. Applications provided for in Title 16 for which no entitlement is approved within one year following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant, destroyed by the County or retained within the applicable County department’s files. The Director or County Surveyor, as applicable, may extend the time for application review if the applicant is making a good faith effort through information submitted by the applicant in a written statement describing the efforts being made. Application fees are not refundable if the application review expires as provided herein. Upon expiration of the application review, a new application and fees are required to reestablish review of the project. B. Any application open as of the effective date of this Section shall be deemed to have been opened on the effective date of this Section for purposes of Subsection A, above. (Ord. 3290 § 4, 2015)

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