Whenever the county assessor or the head of any city department finds that the provisions of this title or of the Subdivision Map Act have been violated, he shall report such violation to the director of building and planning and the city engineer. It shall be the duty of the director of building and planning to investigate such report and enforce the provisions of this title and the Subdivision Map Act.
(Prior code § 16.48.010; Ord. 2860 § 1, 1975)
Whenever the director of building and planning has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of city ordinances enacted pursuant thereto, he shall file and mail all notices required by section 66499.36 of said act.
(Prior code § 16.48.020; Ord. 2860 § 1, 1975; Ord. 3125 § 1, 1977)
A. 
No building permit, grading permit or any other permit shall be issued or any approval granted that is 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 or city ordinances enacted pursuant thereto applicable at the time such division occurred unless the city engineer and the director of building and planning or, on appeal, the city council find that development of such real property is not 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 the real property at the time of such violation or whether the applicant therefor is the current owner of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property.
B. 
Whenever any person submits an application to the director of building and planning for a building permit for proposed construction of more than one main building as defined in the zoning ordinance on any single lot or building site, the director of building and planning shall refer such application together with the plot plan or site development plan to the director of building and planning for his determination as to whether such proposed construction would create a subdivision. The director of building and planning shall not issue a building permit for such proposed construction unless the director of building and planning has approved the plot plan or the site development plan and determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this title.
C. 
Upon receipt of either:
1. 
A written notification from the issuing authority that a permit or approval is being sought to develop real property which has been subdivided or which has resulted from a division in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto; or
2. 
A written request from the owner of such real property;
the director of building and planning, or, on appeal, the city council, shall determine whether such real property is or is not approved for development and shall so inform the owner thereof and the authority or body which has originated said notification. If it is determined that such real property is approved for development, the director of building and planning, or the city council, whichever had made such determination, may impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by said act or city ordinance enacted pursuant thereto, and are appropriate to satisfy public health and safety considerations and other considerations as are hereinafter specified, and the director of building and planning shall cause a certificate of compliance relative to the subject real property and reflecting such conditions to be filed with the county recorder pursuant to Section 16.48.040 of this chapter.
D. 
In determining whether approval or conditional approval should be granted for development of real property divided or resulting from a division in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto, the director of building and planning or the city council shall give consideration to:
1. 
Whether the real property meets the requirements of the applicable zoning regulations and the general plan;
2. 
Whether the real property has a satisfactory potable water supply;
3. 
Whether the real property has legal access to a city or county maintained road;
4. 
Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or city ordinances enacted pursuant thereto had the subdivision by which said real property was created been submitted for approval at the time the current owner acquired the property.
(Prior code § 16.48.030; Ord. 2860 § 1, 1975; Ord. 3125 § 1, 1977)
A. 
Any owner of real property may request in writing that the director of building and planning make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto, or that such real property does not comply with said provisions, and the director of building and planning shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and city ordinances enacted pursuant thereto, the director of building and planning shall cause a certificate of compliance relative to such real property to be filed for record with the county recorder.
B. 
Certificates of compliance shall be issued only for real property that:
1. 
Was divided or resulted from a division in compliance with city ordinances regulating the division of real property and the Subdivision Map Act applicable at the time such real property was divided or resulted from such division; or
2. 
Has been approved for development pursuant to Section 16.48.030 of this chapter. Such certificates of compliance may be granted subject to conditions as specified in Section 16.48.030, and such conditions may be fulfilled and implemented by the property owner who has applied for a certificate of compliance or by a grantee of such property owner. If such conditions are not fulfilled or implemented by the applicant, property owner or the grantee, the certificate of compliance shall have no force or effect upon any subsequent transfer of the property, and any subsequent transferee or assignee shall make a new application for a certificate of compliance, and said certificate of compliance shall be subject to such conditions as would have been applicable at the time such assignee or transferee acquired the property. In any case, no permit or other approval necessary to develop said real property shall be issued or granted until such conditions have been fulfilled and implemented; or
3. 
Has been approved for division, and the requirement for preparing, filing and recording a parcel map has been waived pursuant to Section 16.24.150 of this title.
C. 
A recorded final subdivision map or recorded parcel map shall constitute a certificate of compliance with respect to the lots described therein, and no additional certificates of compliance shall be issued therefor.
(Prior code § 16.48.040; Ord. 2860 § 1, 1975)
Any interested person may appeal any action of the director of building and planning pursuant to this chapter to the city council as provided in Section 16.24.140 of this title.
(Prior code § 16.48.050; Ord. 2860 § 1, 1975)
Any person violating any of the provisions of this title shall be guilty of an infraction and shall be subject to the provisions of the general penalty clause as set out in the El Cajon municipal ordinances.
(Prior code § 16.48.060; Ord. 2860 § 1, 1975)
If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application thereof, and to this end the provisions of this title are severable.
(Prior code § 16.48.070; Ord. 2860 § 1, 1975)
The provisions of the Subdivision Map Act as defined in this title and any amendments thereto, and this title, shall not apply to any map which has been approved pursuant to the Subdivision Map Act as it was in effect on April 30, 1975, and the predecessors to this title as they were in effect on April 30, 1975. Such maps shall be processed under the law which applied to them at the time of such approval, provided the subdivider completes the subdivision process within the period of the initial approval of the map or any extension granted prior to May 1, 1975, or by March 1, 1976, whichever occurs first. Any map for which an extension is granted after May 1, 1975, shall comply with the provisions of this title. Notwithstanding the fact that a map or request for extension thereof was filed prior to May 1, 1975, such map or request for an extension shall comply with the provisions of this title if it has not been approved prior to May 1, 1975.
(Prior code § 16.48.080; Ord. 2860 § 1, 1975; Ord. 2874 § 1, 1975)