§ 16.15.030. Certificate of compliance.

A.

Any person owning real property or a vendee of the current owner of record pursuant to a contract of sale may request the town engineer to determine whether the real property complies with the provisions of this title and the Subdivision Map Act.

B.

Upon making a determination, the town engineer shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of this code and the Subdivision Map Act.

C.

If the town engineer determines that the real property does not comply with the provisions of this code or the Subdivision Map Act, the town engineer may, as a condition to granting a certificate of compliance, impose conditions that could have been imposed at the time the applicant acquired his/her interest in the property, except that where the applicant was the owner of record at the time of the initial violation, then conditions may be imposed that are applicable to a current division of the property. Upon making a determination and establishing conditions, the town engineer or authorized representative shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner 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 the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued. (G.C. 66499.35(b))

D.

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

E.

A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

F.

Any sale, lease, or financing of designated remainder lots created pursuant to Government Code Section 66424.6 shall require the application and approval of a certificate of compliance or a conditional certificate of compliance from the town as set forth in this title. (Ord. 203 §2(part), 1990)