Chapter 22.120
VIOLATIONS
Sections:
22.120.010 Voidability of documents.
22.120.015 Action on alleged violations.
22.120.020 Action by the Director.
22.120.025 Procedure before the Planning Commission.
22.120.030 Consolidation of actions.
22.120.005 Misdemeanor.
Any person who violates the provisions of this title shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.120.010 Voidability of documents.
Any deed or conveyance, sale or contract to sell made contrary to the provisions of this title is voidable to the extent and in the same manner as provided in Section 66499.32 of the Government Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.120.015 Action on alleged violations.
All officials and public employees of the City vested with the duty or authority to issue permits or other forms of entitlement for the development of land shall comply with the provisions of this title and shall not issue any permit, license or other entitlement for use, construction or other purpose in conflict with the provisions of this title or the provisions of the Subdivision Map Act. If any official or employee of the City or any private citizen becomes aware of any alleged division of land which may be in violation of this title or of the Subdivision Map Act, such person shall, in writing, bring such violation to the attention of the Public Works Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.120.020 Action by the Director.
The Director, upon receipt of a written notice of violation pursuant to EGMC Section 22.120.015, shall:
A. Set for public hearing before the Planning Commission the issue of whether there has been a violation of the Subdivision Map Act and/or this title, as alleged.
B. File a “notice of intention to record a notice of violation” with the Sacramento County Clerk-Recorder. Said notice shall include:
1. The date, time and place of public hearing.
2. A description of the alleged violation.
3. A statement to the owner that he or she may present evidence regarding the alleged violation.
4. A description of the location of the property involved including the parcel number or numbers.
5. A statement that a finding of a violation may result in the filing with the Sacramento County Clerk-Recorder the notice of such violation which will be constructive notice of such violation to subsequent purchasers of the property.
6. A statement that a finding of violation may result in the institution of a criminal action against the owner of the property.
C. Mail a copy of the notice of violation to the property owners as shown on the latest assessment roll not less than thirty (30) days before the date of the hearing.
D. Advise all departments of the City to refuse issuance of any permits or other entitlements relating to land use pending a decision upon the alleged violation.
E. Prepare a staff report on the alleged violation.
F. Give notice of the public hearing as specified in EGMC Section 22.20.020. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.120.025 Procedure before the Planning Commission.
The Planning Commission shall conduct a public hearing on the alleged violation and shall, during such hearing, consider the staff report of the Director and all other relevant evidence. At the conclusion of the hearing, the Planning Commission shall determine:
A. Whether the alleged violation has been proved, and if proved, whether the violation is contrary to the public health and the public safety. No public official, department, or agency of the City thereafter shall issue any permit or other entitlement which may authorize the development of the property until such time as a certificate of compliance has been issued as provided in this title.
B. If the Planning Commission determines that no violation has occurred, it shall cause the Director to issue and record a certificate of compliance which shall constitute a release of the notice of intention to record a notice of violation previously recorded.
C. The Planning Commission’s determination shall be supported by written findings. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.120.030 Consolidation of actions.
If, at any time prior to the hearing on the alleged violation, the property owner completes an application for a certificate of compliance, the Planning Commission shall consolidate its action on the notice of violation and shall otherwise consider the matter as an application for a certificate of compliance as provided in this title. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]