§ 20-160. Illegally created parcels.

(a)

Subject to subsection (b) below, no county officer, department or employee shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the State Subdivision Map Act or of the provisions of this chapter if the development of such real property is 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 with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property; provided, however, that such permits shall be issued or approval granted if development of such real property is not contrary to the public health or the public safety and a certificate of compliance is issued pursuant to this chapter.

(b)

No building, septic tank or other land use permit of any type shall be issued by any department, board or commission for any parcel created between October 4, 1956, and June 27, 1963, in violation of Ordinance No. 557 unless the person owning said parcel, at the time of application for such permit, either:

(1)

Provides the access required by Ordinance No. 557; or

(2)

Executes an affidavit showing that as of the date he acquired ownership, said owner was unaware that said parcel was created in violation of Ordinance No. 557. Each owner of record as of the date of said application shall execute such an affidavit. "Owner" shall include a person holding an option to purchase or a purchaser under a contract of sale. Any permits issued pursuant to such an affidavit shall be limited to one (1) single-family dwelling unit, together with accessory structures for each such parcel.

An applicant under this subsection shall be deemed to be a "subdivider" for the purpose of appealing any decision rendered pursuant to section 20-160.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)