Compliance with the appropriate ordinance provisions must precede the issuance of a building permit, zoning permit, use permit, variance permit, or any other land use approval by any person authorized to issue such permits or authorizations for the city. Any such permit or authorization issued without such prior compliance shall render the permit or authorization void. Related permits must be approved and/or issued prior to building permits.
(Ord. 214 § 1, 2012.)
A. 
No person shall sell, lease, finance, convey, transfer or gift any parcel or parcels of real property or commence construction of any building for sale, lease, financing, conveyance, transfer or gift thereon, except for model homes, agricultural purposes or for site restoration. A final map or parcel map as required by this title or the Map Act, must be filed with the county recorder prior to occupancy of new parcels. However, nothing herein shall be deemed to prohibit an offer or contract to sell, lease, finance or otherwise transfer or convey real property or to construct improvements thereon where the offer or construction is expressly conditioned upon the filing of a final or parcel map.
B. 
Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the county recorder.
C. 
This section does not apply to any subdivision parcel or parcels sold, leased, conveyed or transferred in compliance with or exempt from all laws and ordinances regulating the subdivision design and improvement, in effect at the time the subdivision was established.
(Ord. 214 § 1, 2012.)
A. 
A violation of this title is a public nuisance.
B. 
The city shall not issue a 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 Map Act or 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 approval shall apply whether the applicant was the owner of record at the time of such violation or whether the applicant is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
C. 
If the city issues a permit or grants development approval of any real property illegally subdivided, the city may impose those additional conditions which would have been applicable to the property division at the time acquired by the current owner of record. If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of this title, only those conditions stipulated in that certificate shall be applicable.
(Ord. 214 § 1, 2012.)
A. 
Any owner of real property or other person named in a contract of sale of such real property, may request in writing, that the city make a determination whether such property does or does not comply with the provisions of the Map Act and this title. The requestor shall be entitled to present any facts or documents to the city. If a compliance determination is made the city clerk shall file the certificate with the county recorder.
B. 
Applicability. Any owner of real property within the city may file an application to request the city engineer to determine whether such real property complies with the provisions of this title and the Map Act. The city engineer may then either issue a certificate of compliance or conditional certificate of compliance. (Government Code Section 66499.35.)
C. 
Submittal Requirements. An application for a certificate or conditional certificate of compliance shall consist of the following:
1. 
A completed application form for each parcel.
2. 
Five copies of an eight and one-half inch by 11 inch plot plan.
3. 
One copy of the latest deed recorded for the property showing the current ownership, and one copy of a preliminary title report.
4. 
Legible copies of all documents that show when the parcel was originally created. These documents include, but are not limited to, grant deeds, contracts of sale, records of survey, and court adjudications.
5. 
Copies of any available building permits, if applicable.
6. 
One list (on mailing labels) of all owners of record property located within 300 feet of the boundaries of the subject parcel(s).
7. 
An affidavit of mailing signed by the person preparing the list shall accompany the labels.
8. 
The required filing fee.
D. 
Issuance. If the city engineer determines that the real property was divided in compliance with the Map Act and this title in effect at the time the property was divided, the city clerk shall file a certificate of compliance with the county recorder. If the city engineer determines that the real property was divided in violation of a section or sections of the Map Act or this title that were applicable at the time the property was divided, the city clerk may, as a condition of granting the certificate of compliance, impose such conditions as would have been applicable to the division of property at the time the owner acquired his or her interest therein, and which had been established at such time by this title and the Map Act. Upon making such a determination and establishing such conditions, the city clerk shall file a conditional certificate of compliance with the county recorder. Such certificate shall serve as notice to the property owner, future purchaser, 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.
E. 
A final map or parcel map filed for record shall constitute a certificate of compliance with respect to the lots created therein.
(Ord. 214 § 1, 2012.)
If the planning commission or city clerk have knowledge that real property has been divided in violation of the provisions of the Map Act or this title, a notice of intention to record a notice of violation shall be mailed by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Map Act Section 66412.6(a) and (b). The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the city attorney why a notice of violation should not be recorded.
The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the city a written objection to recording the notice of violation, the city shall file the notice of violation for record with the county recorder. If, after the owner has presented evidence, staff determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, staff determines that the property has in fact been illegally divided, the city shall record the notice of violation for record with the county recorder. 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. 214 § 1, 2012.)