Chapter 17.18 ENFORCEMENT

Chapter 17.18
ENFORCEMENT

Sections:

17.18.020 Illegal subdivisions – Notices.

17.18.030 Illegal subdivisions – Subsequent permits and approvals.

17.18.050 Appeals of actions of Community Development Director or City Engineer.

17.18.010 Enforcement – Generally.

Except as otherwise provided herein, the Community Development Director is authorized and directed to enforce this title and the Subdivision Map Act for subdivisions within the City. The City Attorney is authorized on behalf of the City of Dixon to file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act, this title, or the conditions and term of approvals granted thereunder. [Ord. 09-026.]

17.18.020 Illegal subdivisions – Notices.

Whenever the City has knowledge that real property has been divided in violation of the Subdivision Map Act or this title, the Community Development Director shall, upon receipt of information of such violation, file the notices required by Section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that section. The hearing required by that section shall be held before the Commission. [Ord. 09-026.]

17.18.030 Illegal subdivisions – Subsequent permits and approvals.

No officer or employee of the City shall issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a subdivision, in violation of the provisions of the Subdivision Map Act or this title, if either the Community Development Director finds and determines that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit 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 thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

If the officer or employee of the City issues a permit or grants approval for the development of any real property illegally subdivided, the officer or employee shall impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property as determined by the Community Development Director. If the property has the same owner of record as at the time of the initial violation, the Community Development Director or City Engineer, or both, 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 DMC 17.18.040, only those conditions stipulated in that certificate shall be applicable. [Ord. 09-026.]

17.18.040 Certificate of compliance.

The City shall issue certificates of compliance or conditional certificates of compliance as authorized in Section 66499.35 of the Subdivision Map Act as follows:

A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the Community Development Director to determine whether the real property complies with the provisions of the Subdivision Map Act and this title. A written application for a certificate of compliance shall be accompanied by a preliminary title report not more than six (6) months old that shows the legal owners of the property.

B. If the Community Development Director determines that the real property complies with the provisions of the Subdivision Map Act and this title, the Department shall file a certificate of compliance for record with the Solano County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this title.

C. If the Community Development Director determines that the real property does not comply with the provisions of the Subdivision Map Act or this title, the Community Development Director may, as a condition to granting a certificate of compliance, impose conditions in accordance with DMC 17.18.030. Upon the Community Development Director’s making such a determination and establishing such conditions, the Department shall file a conditional certificate of compliance of record with the Solano County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate, 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 City.

D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

E. Subject to the provisions of Section 66499.35(E) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52(B) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein.

F. A fee shall be charged to the applicant for making the determination and processing the certificate of compliance in the amount provided for by resolution of the Council. [Ord. 09-026.]

17.18.050 Appeals of actions of Community Development Director or City Engineer.

The actions of the Community Development Director and City Engineer under this chapter shall be subject to appeal to the Commission as provided in DMC 17.01.050. [Ord. 09-026.]