Article 17 — Enforcement — VenturaCounty Municipal Code

8217-0 - Purpose.

This Article addresses the enforcement of the provisions of this Chapter, the Subdivision Map Act and conditions of approval of subdivisions. The enforcement procedures and remedies set forth and referenced herein are cumulative and not exclusive of any other civil or criminal enforcement rights and remedies available to the County under the zoning ordinances, Subdivision Map Act, and other applicable law.

(Ord. No. 4566, § 1, 6-16-2020)

8217-1 - Applicability to map conditions.

The conditions of approval imposed by the County as part of the approval of a tentative parcel map, tentative tract map, or parcel map waiver are binding in perpetuity and run with the land on each lot created by the subject subdivision unless and until amended in accordance with this Chapter. Development that is inconsistent with applicable conditions of approval shall constitute a violation of the conditions of the map, this Chapter, and the Subdivision Map Act.

(Ord. No. 4566, § 1, 6-16-2020)

8217-2 - Definitions.

For purposes of this Chapter, the following definitions apply:

"Violation" means the lack of compliance with the Subdivision Map Act, provisions under this Chapter, or with conditions of approval.

"Violator" means the owner(s) of the property on which a violation exists.

(Ord. No. 4566, § 1, 6-16-2020)

8217-3 - Public nuisance.

In addition to other penalties provided in this Article, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall also be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate public nuisance.

(Ord. No. 4566, § 1, 6-16-2020)

8217-4 - Violation as misdemeanor.

Any person who violates any provision of this Chapter, including a condition of approval of a subdivision approved by and recorded with the County, is guilty of a misdemeanor pursuant to Section 13 of the Ventura County Ordinance Code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued, or permitted by such person, and shall be punishable therefore as provided in Section 13-2 of the Ventura County Ordinance Code.

Where a violation is identified on a commonly held lot within a subdivision, all property owners with an interest in the subject subdivision share individual and collective responsibility and liability for the violation.

(Ord. No. 4566, § 1, 6-16-2020)

8217-5 - Enforcement authority.

The Planning Director is hereby designated as the enforcing agent of this Chapter. Pursuant to the authority vested in the Board of Supervisors of the County of Ventura by Penal Code section 836.5, the Planning Director shall have the power of arrest without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor consisting of a violation of the provisions of this Chapter, any other ordinance or statute, or conditions of approval.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6 - Notice of violation—Illegal lot. 8217-6.1 - Notice of intention to record a notice of violation regarding illegal subdivision.

Whenever the County has evidence that a lot has been subdivided in violation of the subdivision laws and a conditional certificate of compliance is not recorded, a notice of intention to record a notice of violation — illegal subdivision (notice of intention) shall be sent by certified mail to the then current owner(s) of record of the property. The notice of intention shall include the following information:

A description of the real property in detail;

The names of record owners of the lot;

A description of the subdivision law violations and an explanation as to why the subject lot is not lawful under subdivision (a) or (b) of Government Code section 66412.6;

The time, date, and place of the public hearing as determined in accordance with Section 8217-6.2.1.1 of this Chapter where the owner(s) may present evidence to the advisory agency as to why the notice of violation-illegal subdivision should not be recorded. The notice of intention shall also state that the public hearing shall not take place unless the owner(s) files with the Clerk of the advisory agency a written objection to the recording of the notice of violation-illegal subdivision within fifteen (15) days of the date of the mailing of the notice of intention.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.1.1 - Failure to file written objection.

If no timely written objection to the recording of the notice of violation—illegal subdivision is filed pursuant to Section 8217-6.1(d) of this Chapter, the public hearing shall be taken off calendar and the advisory agency shall cause the notice of violation to be recorded in the office of the county recorder.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.2 - Designated advisory agency—Illegal subdivision; public hearing on notice of intention to record a notice of violation. 8217-6.2.1 - Designated advisory agency—Illegal subdivision.

The advisory agency shall consist of the Planning Director, the Director of Code Compliance, and the Director of Real Estate Services in the Public Works Agency. The Clerk of the Planning Commission shall serve as the Clerk, and the Planning Director shall serve as the Chair, of the advisory agency.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.2.1.1 - Public hearing date.

If written objection to the notice of intention is timely submitted pursuant to Section 8217-6.1(d) of this Chapter, or if an appeal from the denial of a certificate of compliance is timely submitted pursuant to Section 8214-5.2.1 of this Chapter, then a public hearing before the advisory agency shall take place. The public hearing shall be set for a date no sooner than thirty (30) days and no later than sixty (60) days from date of mailing of the notice of intention or the letter of determination, as the case may be. The parties may extend the date of the public hearing to a different date by mutual written agreement.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.2.1.2 - Evidence.

The notice of intention and/or the letter of determination shall be lodged with the advisory agency as evidence of the alleged violation of the subdivision laws, in addition to any other evidence presented in support of the violation. The advisory agency shall also consider the materials and information submitted with the written objection to the recording of the notice of violation or the appeal of

the denial of the certificate of compliance, in addition to any other evidence provided at the public hearing or submitted to the Clerk of the advisory agency by the appellant or property owner prior to or during the public hearing.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.2.1.3 - Public hearing procedures and decision.

Unless otherwise provided herein, the public hearing shall be conducted in accordance with Chapter II, Policy 11, Rule 42 of the County Administrative Manual entitled "Public Hearings for Planning and Zoning Matters (Land Use Matters)." The public hearing shall consist of the de novo review of the subject lot(s)' legal status under the subdivision laws.

If the advisory agency decides the subject lot is not in compliance with the subdivision laws, it shall cause a notice of violation to be recorded against the subject lot in the Office of the County Recorder. When recorded, the notice of violation shall be deemed to be constructive notice of the violation to all successors in interest in such property. The Office of the County Recorder shall index the names of the fee owners in the general index. If the advisory agency finds that the lot is in compliance with the subdivision laws, a clearance letter shall be issued to the lot owner or applicant and, upon payment of the necessary fees in accordance with the Board- adopted Fee Schedule, a certificate of compliance shall be recorded. If the advisory agency needs additional information to make a determination, it may continue the public hearing for a reasonable time not to exceed the time limits set forth in Section 8217-6.2.1.1 of this Chapter, unless a longer time is agreed to in writing by all of the interested parties. The burden of establishing the lot is a legal lot is on the appellant.

The decision of the advisory agency shall be verbally announced at the conclusion of the public hearing. The decision shall thereafter be stated in written minutes or a resolution. The written decision shall include findings to support the decision. Notice of the decision shall be provided to the lot owner(s) and appellant by first-class mail. The decision shall be final and not appealable.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.3 - No permits issued on illegal lots.

In accordance with Government Code section 66499.34, no permits or grants of approval for development on an illegal lot shall be approved by the County under the Zoning Ordinances or any other County ordinance until such time the lot is made legal. However, permits or approvals referenced in Section 8214-3.1.1 of this Chapter that do not constitute approval for development may be issued.

(Ord. No. 4566, § 1, 6-16-2020)

8217-6.4 - Rescission of notice of violation.

The recordation of a conditional certificate of compliance, certificate of compliance, or map constituting a certificate of compliance for a lot that is the subject to a notice of violation setting forth a violation(s) that is fully abated by the recordation of said certificate or map shall constitute the County's automatic rescission of the notice of violation. The County shall simultaneously record a release of the notice of violation upon recordation of said certificate or map and payment of release fees in accordance with the Board-adopted Fee Schedule.

(Ord. No. 4566, § 1, 6-16-2020)

8217-7 - Enforcement procedures.

Except as otherwise provided in this Article, the procedures authorized by and set forth in Article 14 of the NCZO for violations of the NCZO shall apply to the enforcement of violations of this Chapter, the Subdivision Map Act, and conditions of approval. All notices regarding enforcement shall be sent by first class mail to the last known address of the violator and shall be deemed served three (3) days after the date of mailing.

(Ord. No. 4566, § 1, 6-16-2020)