§ 1400-925. CERTIFICATES OF COMPLIANCE

(a)

Application Requirements. Any owner of real property, or a vendee pursuant to a sale, may file an application for a certificate of compliance. The application shall be made to the Development Services Department on a form prepared by the Department and shall be accompanied by the following:

(1)

A fee as required by resolution of the Board of Supervisors;

(2)

A legible map drawn in ink or a clear "blue-line" print. The map shall show the subject property with dimensions, the scale of the map, the gross and net area, access to the property, nearby or adjacent street or road names and right-of-way locations. If the map exceeds 11 inches by 17 inches in size, an eight and one-half inches by 11 inches reduction shall also be required;

(3)

A legible copy of the current owner's grant deed or a contract of sale showing fee ownership or sale of the subject property;

(4)

Legible copies of all deeds affecting the property beginning with the deed that describes the property prior to its current configuration to the present unless the parcel was created through a recorded final map, parcel map or official map or unless waived by the Department. A typed copy of all handwritten deeds shall be prepared by the applicant along with copies of all handwritten deeds and copies of earlier deeds in the chain of title or deeds describing adjacent properties shall be submitted by the applicant if requested by the Development Services Department, and

(5)

A preliminary title report prepared within the last six months or other documents showing past title, financing or leasing of the subject property if required by the Department.

(b)

Review and Approval. Upon receipt of a complete application, the Department shall make one of the following determinations:

(1)

The parcel was created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance.

(2)

The parcel was not created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance.

If the Department determines that the parcel was created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance, it shall issue a certificate of compliance.

If the Department determines that the parcel was not created in conformance with the Subdivision Map Act and the Sutter County Subdivision Ordinance, it shall issue a conditional certificate of compliance. The Department may impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest therein. Where the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or the Sutter County Subdivision Ordinance and who created a parcel or parcels in violation of the Subdivision Map Act or the Sutter County Subdivision Ordinance and is the current owner of record of one or more of the parcels that were created, the Department may impose any conditions which would be applicable to a current division of the property.

(c)

Notice of Determination to Applicant. Upon making a determination as required in section b above, the Department shall notify the applicant of its decision.

(d)

Notice of Appeal. Any property owner disagreeing with a decision of the Department on a certificate of compliance may file an appeal with the Board of Supervisors by filing a notice thereof in writing with the County Clerk within ten days after such decision is issued. If the tenth day falls on a Saturday or Sunday, then Saturday and Sunday will be considered holidays and the appeal may be filed on the immediately following business day. The notice of appeal shall set forth in detail grounds of the appeal. The notice shall be accompanied by a fee as required by resolution of the Board of Supervisors.

(e)

Report of the County Clerk to the Development Services Department. The County Clerk shall report the filing of the appeal to the Development Services Department within two working days of receipt of the appeal. Within 30 60 days of receipt of an appeal from the County Clerk, the Department shall prepare a written report to the Board of Supervisors on the determination or requirement being appealed, and shall provide the report to the Board of Supervisors and the aggrieved party at least three days prior to the hearing.

(f)

Action on Appeal. The Board of Supervisors shall set the matter for hearing within 60 days of the date that the Board receives the appeal. The hearing may be continued by the Board of Supervisors for a period not to exceed 60 days. Upon conclusion of the hearing, the Board of Supervisors shall declare its findings based upon the evidence received.

The Board of Supervisors may approve, disapprove, or modify the decision or determination of any matter appealed. The Board may enter any such orders as are in harmony with the spirit and purposes of this Chapter.

(g)

Recordation of Approved Certificate. Upon the approval of a certificate of compliance or conditional certificate of compliance, the Department shall record the approved certificate.

([1334, 1404] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 4, May 28, 2013)