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HomeMy WebLinkAbout1411Ordinance No. 141]. AN ORDI:NAtvCE AM~DING CHAPTER 20 OF TH:~ BUTTE COUNTY CODE 1 2 3 4. 5 6 ~~I 8', S' 10' 11' 12 x3 14 15 16 17 18 19 20 " 21 22 23 The Board of Supervisors of the County of Butte, State~of California DO ORDAIN as follows: I. Section 20-41 of the Butte County Code is amended to ~ read as follows: Section 20-41. Illegally Created Parcelso 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 subdivision Map Act (Chapter 2 of Part 2 of Division 4 of ~ the Business and t'rofessions Code) or of the provis ions of this chapter if the development of such real property is contrary to the public health or the public safetyo The authority to deny such a permit or such ap~:roval shall apply whether the applicant therefor was the owner of the real property at the time of such violation oz whether with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real propertyo Provided, however, that such permits may be issued or approval granted if development of such real property is not contrary to the public health or the public safety and a Certificai of Compliance is issued pursuant to this chapterp B. No burl ding, septic tank, or other land use permit of any type shall be issued by any department, board or commission ~4 for an arcel created between October 4 1956 and June 27, 19&3 26 Y P ~ in violation of Ordinance Noo 557 unless the person owning said parcel, at the time of application for such permit, either: ie 1 1. i'rovides the access required by Ordinance Noo 2 557 ; or 3 2. executes an affidavit showing that as of the 4 date he acquired ownership, said owner was unaware that said parcel b was created in violation of Ordinance lvTo, 557. teach owner of e record .as of the date of said application shall execute such an 7 affidavit. "Owner" shall include a person holding an option to $ purchase or a purchaser under a contract of sale. Any permits 9 issued pursuant to such an affidavit sha11 be limited to one single 10 family dwelling unit, together with accessory structures for each 11 such parcel. 12 An applicant under this subsection shall be deemed to 1~ be a "subdivider" for the. purpose ~~ appealing any decision 14 pursuant to :section 2C-~6 aboveo 15 xl. Section 2D-42 is hereby added to the butte County Code 16 to read as follows: 17 Section 20-:~2.: ~~~otice of Violation. T~lhenever any county 18 officer has knowledge that real property may have been divided in i9 violation of the provisions of the Subdivision I1ap Act or of this 20 chapter, he shall report such knowledge to the Subdivision Cvmmitte~ 21 which shall-review the report, and if the Committee finds the circumstances warrant, it shat].: 22 ~.) Set for hearing before the Subdivision Committee 23 the question whether or not there has been a division of land in 24 violation of the Subdivision 1~1ap Act or this chapter, and whether 2S a Notice of Violation shalt be recorded in the office of the 26 County Recorder. 2. 1 2) Mail a notice of said hearing to the owners of the 2 property affected as shown an the latest assessment roll, said 3 mailing to be not less than fifteen {15 ) days before the date of 4 said hearingo Said notice shall contain a description of the fi location of the property involved, the assessor's parcel number or B numbers9 a description of the possible violation, and a statement ? that a finding of a violation may result in the recordation in the 8 office of the County Recorder of a notice of such violation which 9 will be constructive notice of such violation to subsequent owners lU of the property, may result in the denial of permits or approvals 1Z necessary for the development of the said property, or may result ~-~ in the institution of criminal action against the owner of the 13 propertyo 14 3) Deliver a copy of said notice to the Planning, Public 15-Works and Health Departmentso After such delivery no permits or 16 approvals sha11 be issued until a final determination has been 17 made regarding recordation of a Notice of ViolationQ 18 TIIo Section 20-43 is hereby added to the Butte County Code ~~ to read as follows: 20 Section 20-43fl Action b~ 5ubdiyi,sion Committee Re Notice of 2I ViolationQ .At the time of said hearing, after hearing the evidence 22 presented by the representative or representatives of the county, 23 the owners of the property, and any other interested persons, the 24 Subdivision Committee shall determine whether or not the property ~ a,s, =b,een divided or has resulted from a division in violation of 28 ~~rchapter or the Subdivision Map Acto 3, 1 2 3 4 5 e 8 9 10 11- 12 13 14 15- 36 17 18 ].9 !i 20 21 22 23 24 2~ ',Z6 If the Committee determines that the property has been divided or has resulted from a division in violation of this chapter or of the Subdivision Map Act, it shall mail a notice so stating to the owners of the property affected as shown on the latest assessment role, advising them of their right to appeal this decision to the Board of Supervisors and further stating that it shall record a Notice of Violation with the County Recorder containing the information specified in Section 1153802 of the Business and Professions Code, when its decision thereon has becomE ~ina1R Where appropriate, the Committee may forward a copy of such notice to the District Attorney for possible prosecution, Tf the Committee determines that no violation has occurred or that a violation has occurred but has been correctedA it~shall record a Certificate of Compliance in the form specified in this 'chapterp TVp Section 20-44 is hereby added to the Butte County Code Ito read a s follows Section 20-44p Effect of Recordation of Notice of Violation Upon recordation of such Notice of Violation, no county departmentp R 9 p D o u p p o 0 0 0 6 0 0 p R o a o o p 0 0 9 O O O O q ~ p O i p J 9 1 officer or employee sha11 issue any permit or grant any approval 2 necessary to develop said property unless and until a Certificate 3 of Compliance has been issued for said property pursuant to this 4 chapter. Any permit or grant of approval. issued in conflict with 5 the provisions of this chapter shall be null. and voido e V. Section 20-45 is hereby added to the Butte County Code 7 to read a s fallows $ Section 20-45. Recordation of Notice of Violation not ~ Exclusive Reme~r, Nothing in this chapter shall be deemed to 1D require the recording of a Notice of Violation as a condition ~-~-. precedent to the enforceability of any of the provisions of this 12 chapter or the Subdivision Map Act. 13 VI, Section 20-46 is hereby added to the Butte County Code 14 to read a s f oliows 15 Section 20-46. Certificate of Com lia nce. Any person owning 16 real property may request the County to determine whether such real 17' property complies with the provisions of the Subdivision Map Act 18 and of this chaptero Applications for such determinations shall 19 be filed with the Subdivision Committee together with a plot plan, 20 such information as may be prescribed by the Committee, and an ~~- application fee in the amount of $100:00. 22 VxT. Section 20-47 is hereby added to the Butte County Code 23 ~o read as follows: 24 Section 20-47. Action b~Subdiyisian Committee on Re nest ~ for Certificate of Com lianceo Within fifteen (l5) days of a 28 filing of a request by a property owner for the issuance of a 50 i 1 Certificate of Compliance, the Subdivision Committee shall commence 2 ~a review of the request to determine whether the property or the 3 ~~division thereof complies with the provisions of the Subdivision ~ Map Act and this chapter, and whether a Certificate of Compliance 5 shall be issued and recorded in the office of the Recorder or deni e VYYY. Section 20-48uis hereby added to the Butte County Co ? to read as follows: 8 Section 20-48o Conditional Issuance of Certificate of 9 Com lip anceo If the Subdivision Committee determines that such ~~~~real property does not comply_ with the provisions of the Subdivisic 11-Map Act or of this chapter, but that development of such real 12`property would not be contrary to the public health or the public 1~ I~safety, it may grant a Certificate of Compliance. In such cases 14 the Committee may, as a condition of granting a Certificate of ~~ ~~ompliance, and in order to protect the public health or the public 16- 17' 18 29. 20 2~. 22 23 safety, impose such conditions as would have been applicable to the division of the property at the :`time the current owner of record acquired the property. Such conditions may ue rulr~.l~.ea ana ~:mplemented by the property owner who applied for the certificate 1 nor by a grantee of such property owner. Yf such conditions are not fulfilled or implemented, the Certificate of Compliance shall have no force or effect upon any subsequent transfer of the property, and any subsequent transferee or assignee shall make a new applica~ 24 ~~tion fora Certificate of Compliance pursuant to Section 20--4b, and 2°5~~the Subdivision Committee may impose such conditions as would have ~$ ~Ibeen applicable at the time such assignee or transferee acquired 6, 1 2 3 4 5 8 7 8 gl 10 11 12 13 14° 1S 1B 17 18 19, 20: 21; 22 23 2~ 23 28 the property. IXo Section 20-49 is hereby added to the Butte County Code to read as follows: Section 20-49e Content of Certificate of Gom lia ncee Any Certificate..of Compliance recorded pursuant to this chapter shall identify the real property and shall state that the division therec complies with applicable provisions of the Subdivision Map Act and of this chapter, In addition, if the Certificate of CompliancE is issued conditionally pursuant to Section 20-48 of this chapter and Section 1153803{b) of the Business and Professions Codes it sh€ :specify such conditionso Xo Section 20-50 is hereby added to the Butte County Cade 1 to read as follows: Section 20-54, Denial of Certificate of Compliance. if the Subdivision Committee determines that such real property does not comply with the provisions of .the Subdivision Map Act or of this chapter and that canditxn.s cannot be imposed to protect the public health and the public safety, it shall deny the application for a Certificate of Compliance and shall initiate Notice of Violation proceedings pursuant to Section 20-42 unless the owner appeals or applies for approval of a subdivision or parcel map pursuant to thi chapter, in which event the Notice of Violation procedures shall be !held in abeyance until a final decision is made with respect to .l appeal or mapo Notice of denial of the application fora Certifica e of Compliance shall be mailed to the applicant advising him of his. right to appeal the decision to the Board of Supervisors and furthe 7, i i~ 2 3~ 4 6~ 6 7~I 8 9 10 1Z I2' 13' 14 15 18 17 18 xs zo 2~. 22 23: z4 2~ 2B advising that unless such an appeal is timely filed or application is made for approval of a subdivision or parcel map, Notice of Violation procedures shall be initiated. XI. Section 20-51 is hereby added to the Butte County Code to read as follows: Section 20-51. Subdivision Map or Parcel~Map as Compliance, A recorded final subdivision map or parcel map shall constitute a Certificate of Compliance with respect to the parcels of real property described thereino XIIa Section 20-52 is hereby added to dze Butte County Code '~ to read a s follows : Section 20-52p Attendance of Count Counsel at Hearings; Continuance, The Subdivision Committee shall notify the Butte Cou Counsel of all hearings to be held with respect to notices of violation and certificates of compliances The said County Counsel or his designated deputy shall attend such hearings to advise the (Committee on legal mattersa Such hearings or the Committee's deliberation on the evidence after close of the hearing may be continued from time to time, not Ito exceed a reasonable timed XIIIo Section 20-53 is hereby added to the Butte County Code t to read a s follows Section 20-53q Appeal.. Any decision of the Subdivision Committee regarding a Notice of Violation or Certificate of Y Compliance may be appealed by any interested person to the Board of Supervisors within 10 days of the mailing of notice of the Commute 's 80 1 dec~.sion thereon, pursuant to Section 20-3b of this chapter. No 2 Notice of Violation or Certificate of Compliance shall be recorded 3 until the decision thereon has become final, 4 XIVa This Ordinance shall take effect 30 days after the 6 date of its adoption, and prior to the expiration of fifteen {15 ) 8 days from the passage thereof shall be published at least once 7 in the Chico Ender rise _~, a newspaper of general circulation, 8 published and circulated in the County of Butte with the names of 9 the members voting for and against the cameo 10 PASSED AND ADOPTED by the Butte County Board of Supervisors ~.], this lath day of November 1973 by the following vote: 12 AYES: Supervisors Cameron, Oilman, Madigan and Chairman.McKillop 1~ NOES : Superi;.sor Ladd 3.4 ABSENT: None 35 NOT VOTING: None 16 ~' cKILLOP, a firma n t e 17 rd of Supervisors 18 TTEST: 19 CLARK A. NELSON, County Clerk and 20 ex-officio Clerk of the Board 27. Y___. _~.________~ .~ 22 _,~_.___. 23 24 23 28 9.