Except as otherwise provided herein, the planning director is authorized and directed to enforce these regulations and the Subdivision Map Act for subdivisions within the city in accordance with the requirements of the provisions of Waterford Municipal Code and the requirements of state law.
(Ord. 08-01 §1, 2008)
Any officer or employee of the city who has knowledge that real property has been divided in violation of the Subdivision Map Act or these regulations, shall immediately so notify the planning director.
A. 
Upon receipt of said information and careful review of the matter to assure that a violation does indeed exist, the planning director shall file a notice in the manner and form prescribed by the Subdivision Map Act Section 66499.36.
B. 
The planning director shall also schedule a hearing before the planning commission for the purpose of determining whether a final notice of violation shall be recorded in the manner and form as prescribed by the Subdivision Map Act.
C. 
The owner of the real property shall be notified of the time, date, and place of the hearing, of his or her right to present evidence at the hearing, and shall be advised that if the planning commission determines a violation to have occurred a final notice of violation shall be recorded.
(Ord. 08-01 §1, 2008)
Any person owning real property or a vendee or such person pursuant to a contract of sale of such real property may file an application for a certificate of compliance to determine whether such real property complies with the provisions of the Subdivision Map Act Section 66499.35 and of this title at the time such parcel was created.
A. 
Such application shall be filed with the planning director who shall be responsible for the issuance and recordation of same. The form of the application shall be prescribed by the city planning director. A nonrefundable fee in an amount specified by resolution of the city council for each lot or parcel for which a certificate is sought shall accompany the application.
B. 
A subdivision shall be deemed established on the date of recordation of the final map or parcel map for purposes of subdivision (d) of Section 66499.30 of the Subdivision Map Act and this code except that in the case of: (1) maps filed for approval prior to March 4, 1972, and subsequently approved by the local agency; or (2) subdivision exempted from map requirements by a certificate of exception (or the equivalent) applied for prior to March 4, 1972, and subsequently issued by the local agency pursuant to local ordinance.
(Ord. 08-01 §1, 2008)
After the filing of the application for a certificate of compliance, the planning director shall grant or conditionally grant the certificate.
A. 
If, at any time during the processing of the application for a certificate of compliance, the planning director determines that additional information or data is required, the applicant shall be promptly advised in writing, by mail, of the additional material to be supplied before further action may be taken on the application.
B. 
If the application for a certificate of compliance is to be conditionally granted, the planning director shall impose all conditions necessary to assure compliance with the general plan and protect the public health, safety and welfare.
C. 
The applicant shall be notified, in writing, of the action taken on the application and of the findings of fact supporting the decision.
D. 
If, during the process of reviewing the application for a certificate of compliance, it is determined that the subject property was created in violation of the Subdivision Map Act and this chapter, a notice of violation shall be filed in accordance with the provisions of the Subdivision Map Act and this title.
E. 
A copy of said notice shall be filed with the county office of the district attorney for possible prosecution in accordance with the requirements and standards of state law and the Subdivision Map Act. Issuance of a conditional certificate of compliance shall set forth the requirements necessary for correcting the violation.
(Ord. 08-01 §1, 2008)
The certificate of compliance shall be filed for record with the Stanislaus County recorder by the planning director.
A. 
Such certificate shall identify the real property and shall state that the configuration thereof complies with applicable provisions of this code regulating the division of land within the city.
B. 
When appropriate, such certificate shall contain a statement setting forth all on-site and off-site improvements which must be constructed prior to the issuance of a permit or other grant of approval for the development of such parcel.
C. 
A certificate of compliance granted with conditions shall not be recorded until all conditions have been met, or until assurance that such conditions will be met, in a form approved by the city attorney, is accepted by the planning director.
(Ord. 08-01 §1, 2008)
No board, commission, officer or employee or agent of the city shall knowingly issue any certificate or permit, or grant any approval necessary to develop any real property within the city that has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or this title.
(Ord. 08-01 §1, 2008)
Any offer to sell, contract to sell, or sale contrary to the provisions of this title shall be a misdemeanor, and any person who violates any of the provisions or does any of the acts so declared to be a misdemeanor, upon conviction thereof shall be punished as provided in Chapter 1.12 of this code, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the city or any other political subdivision or person may otherwise be entitled, and the city or any other political subdivision may file a suit or pursue criminal prosecution in accordance with state and federal law.
(Ord. 08-01 §1, 2008)