§ 20-167. Conditional issuance of certificate of compliance.
Latest version.
If the advisory agency or zoning administrator determines that such real property
does not comply with the provisions of the Subdivision Map Act or of this chapter,
but that development of such real property would not be contrary to public health
or the public safety, it shall grant a certificate of compliance. In such cases the
advisory agency or zoning administrator may, as a condition of granting a certificate
of compliance, and in order to protect the public health or the public safety, 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; except that where the applicant
was the owner of record at the time of the initial violation of the provisions of
this chapter or of local ordinances enacted pursuant thereto who by a grant of the
real property created a parcel or parcels in violation of this chapter or local ordinances
enacted pursuant thereto, and such person is the current owner of record of one (1)
or more of the parcels which were created as a result of the grant in violation of
this chapter or local ordinances enacted pursuant thereto, then the local agency may
impose such conditions as would be applicable to a current division of the property.
Such conditions may be fulfilled and implemented by the property owner who applied
for the certificate or by a grantee of such property owner. If such conditions are
not fulfilled or implemented, 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 pursuant
to section 20-166; and the advisory agency or zoning administrator may impose such conditions as would
have been applicable at the time such assignee or transferee acquired the property.
If such conditions are fulfilled to the satisfaction of the advisory agency or zoning
administrator, the current owner of record may request that a notice of compliance
be filed with the Butte County Recorder. Said notice of compliance shall identify
the real property and the book and page of the previously recorded certificate of
compliance and shall state that the conditions of the certificate of compliance have
been fulfilled to the satisfaction of the advisory agency or zoning administrator.
