ARTICLE XI. - CERTIFICATES OF COMPLIANCE


Sec. 21-140. - General.

The processing, review and approval of a certificate of compliance shall be pursuant to the provisions of the Subdivision Map Act and this article.

(Ord. No. 559, § 44, 2-4-97)

Sec. 21-141. - Application.

The provisions of this article shall apply to a certificate of compliance as described in the Subdivision Map Act.

(Ord. No. 559, § 44, 2-4-97)

Sec. 21-142. - Procedures for filing an application for a certificate of compliance.

(a)

An original certificate of compliance application, and three copies of the certificate of compliance application, must be filed with director of community development with such non refundable fees as established by resolution or order of the board of supervisors, to cover the cost of processing, reviewing and recording the certificate of compliance approval.

(b)

The application for the certificate of compliance shall be in a manner and form prescribed by the director of community development. Copies of such an application form shall be available to the public at the planning division of the community development agency. The original application filed with the director of community development shall be suitable for recording and must be neatly and accurately lettered and be legible.

(c)

The application form shall be eight and one-half by 11 inches in size and shall contain the following information:

(1)

The name of the property owner(s) of record for the subject property.

(2)

The legal description of the subject property.

(3)

The assessor's parcel number for the subject property.

(4)

Record data for the subject property including copies of the deeds and other instruments of record title.

(d)

The application shall be deemed filed when all provisions of this article have been met.

(e)

The certificate of compliance form must be signed by the director of community development and the Kings County Public Works Director prior to recording.

(f)

At the time of filing an application for a certificate of compliance, the applicant shall pay the planning division of the community development agency a non-refundable fee in an amount established by ordinance of the board of supervisors.

(Ord. No. 559, § 44, 2-4-97; Ord. No. 566, § 3, 12-16-97; Ord. No. 599.1, § 18, 7-28-09)

Sec. 21-143. - Procedure for review, determination and completion of a certificate of compliance application.

(a)

A certificate of compliance is a ministerial action and shall be administratively reviewed by the director of community development, who shall determine whether the real property was created in compliance with the Subdivision Map Act, the Kings County Land Division Ordinance, the Kings County General Plan, and the Kings County Zoning Ordinance. The director of community development shall consult with the public works department in order to review the certificate of compliance.

(b)

A certificate of compliance shall not be recorded which does not conform to state law, local ordinance, or other regulation.

(c)

Upon completion of the review of the certificate of compliance, the director of community development shall notify the applicant that either additional information is necessary, and specify what that information is, or inform the applicant that the application is in order and may proceed by recording the certificate of compliance.

(d)

The certificate of compliance form, recorded pursuant to the certificate of compliance approval, shall be reviewed and approved by the director of community development prior to being recorded.

(e)

Recording of the certificate of compliance shall constitute the completion of the procedures by the local agency.

(Ord. No. 559, § 44, 2-4-97; Ord. No. 599.1, § 19, 7-28-09)