Chapter 17.72 PARCEL MAPS*

17.72.010 Short title.

17.72.020 Purpose.

17.72.030 Definitions.

17.72.040 Parcel map committee.

17.72.050 Parcel map committee chairman.

17.72.060 Law governing divisions.

17.72.100 Preparation of parcel map.

17.72.110 Number of prints of parcel map.

17.72.120 Size of prints of parcel map.

17.72.130 Reassembly of parcels.

17.72.140 Tentative parcel map.

17.72.141 Hearing before planning commission.

17.72.150 Fees.

17.72.160 Filing.

17.72.170 Distribution.

17.72.180 Parcel map committee action.

17.72.184 Construction of improvements.

17.72.185 Driveway access.

17.72.186 Improvement agreements.

17.72.187 Public utilities.

17.72.190 Approval of parcel map.

17.72.200 Appeal to the board of supervisors.

17.72.210 Action on appeal.

17.72.220 Building, land use and zoning permits.

17.72.230 Variance procedure.

17.72.240 Voidability of conveyance.

17.72.250 Compliance.

17.72.260 Enforcement procedures.

17.72.270 Penalty for violation.

17.72.280 Waiver of parcel maps.

17.72.350 Certificate of tax collector-Treasurer.

17.72.360 Reapplication for parcel map, waiver, variance or lot line adjustment.

* Prior ordinance history: Ords. 298-B-188, 298-B-201, 298-B-257, 298-B-288, 304, 304-A, 304-B, 304-C, 304-D, 304-E, 304-F, 378, 385, 404, 404-A, 404-B, 404-C, 404-D, 404-E, 404-H, 404-I, 404-J, 404-K, 449-A, 469, 542 and Res. 72-539A.

17.72.010 Short title.

This chapter shall be known as the “Parcel Map Ordinance.” (Ord. 278N § 16(part), 2004).

17.72.020 Purpose.

The purpose of this chapter is to promote the orderly development of the land within the unincorporated area of the county wherein this land does not constitute a subdivision which requires a tentative and final map within the meaning of the Subdivision Map Act of the state; to protect purchasers and surrounding land owners; to prevent circumvention of existing subdivision, zoning and building ordinances and regulations; and to insure the reservation of adequate streets for vehicular traffic and adequate access to land so divided; to assure compliance with the sewer and water ordinances of the county; and to avoid danger and expense to the public through adequate control and regulation of surface drainage; and to provide for the local administration of the State Subdivision Map Act as embodied in Title 7 of the Government Code, commencing with Section 65000. (Ord. 278N § 16(part), 2004).

17.72.030 Definitions.

A. “Person” means an individual, firm, partnership, association, corporation, trust, syndicate, agent, broker or escrow agent.
B. Any reference to the “last assessment map” in this chapter means the master parcel map dated March 1, 1967, and designated as assessor’s books 64, 65 and 66 on file in the office of the planning director of the county.
C. Division means any sale, contract to sell, lease or financing arrangement which results in a division of a parcel as shown on the “last assessment map.” (Ord. 278N § 16(part), 2004).

17.72.040 Parcel map committee.

There is herewith established a parcel map committee composed of the county assessor, the county road commissioner, the county planning director, the county environmental health director, the county fire department and the county surveyor; or, in their absence, duly authorized deputies. (Ord. 278N § 16(part), 2004).

17.72.050 Parcel map committee chairman.

The county planning director shall act as chairman of the parcel map committee and all files and records shall be maintained in and by the planning department. (Ord. 278N § 16(part), 2004).

17.72.060 Law governing divisions.

Every person acting as grantor, grantee, vendor, vendee, purchaser, buyer, broker for any such person, escrow agent for any such person or agent of any such persons, shall divide or participate in the division of any parcel of land as the same appears upon the master parcel map on file in the office of the planning director, shall so divide the land in compliance with this chapter, except a subdivision, which requires a tentative and final map as provided for in the Subdivision Map Act (Government Code Section 66410, et seq.) (Ord. 278N § 16(part), 2004).

17.72.100 Preparation of parcel map.

The parcel map shall be prepared by a registered civil engineer or licensed land surveyor, licensed in the state of California. The parcel map shall conform to all the following provisions:
A. The map shall be clearly and legibly drawn on good quality tracing cloth or polyester based drafting film. If polyester based film is used, it shall have a minimum of four mils and shall be of a washable type. It shall include certificates, except that such certificates may be legibly stamped or printed upon the map with opaque ink when approved by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to insure permanent legibility.
B. Minimum lettering size on any part of the map including certificates and legal descriptions shall be L120 (approximately one-eighth of an inch base height).
C. The size of each sheet shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
D. The exterior boundary of the land included within the parcel map shall be indicated by a blue line of approximately one-eighth of an inch in width.
E. Each parcel shall be numbered.
F. The map shall show the definite location of the original parcel or parcels, and particularly its relation to surrounding surveys, based upon a field survey made in conformity with the Land Surveyors Act when the area of a parcel is less than forty acres. When the area of a parcel is forty acres or more, the boundaries of that parcel map may be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel if the location of at least one of these boundary lines can be established from an existing monumented line. All existing structures and improvements located on the original parcel, together with their dimensions; the distance between structures and to the boundary; and the number of stories or the height of each structure. The map shall show any significant natural features or improvements within two hundred feet of the proposed parcels that have a direct bearing on the useable area of the parcels.
G. The location and name of all streets; center lines of streets; the length, tangents, radii, central angle and radial bearings of curves; the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated and the width of any existing dedication. All street and road construction shall take place within dedicated rights-of-way. Therefore, new rights-of-way shall be sufficient width to allow construction of the required road section plus cut or fill slopes in accordance with county requirements. An offer of dedication of land for street, highway or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such land unless, and only to the extent, an intent to dedicate such facility is expressly stated in the certificate.
H. The location and dimensions of any public areas, and the acreage contained therein to the nearest one hundredth of an acre.
I. Locations and widths of drainage channels, flood lines and flood hazard boundaries. Locations of existing and proposed flood controls works.
J. Locations and widths of railroad rights-of-way. Identify the owner.
K. Waivers of rights of access to and from highways and water courses, where appropriate.
L. Locations, widths and names of streets and alleys adjacent to the subdivision.
M. Net dimensions of each parcel. If ditto marks are used, include actual dimension on the line at each end of the series.
N. All dimensions shall be given in feet and hundredths of feet.
O. All angles shall be given in degrees, minutes and seconds, to the nearest second.
P. Location and description of suitable primary survey control points including section corners or other monuments accepted outside the boundary of the subdivision.
Q. Boundaries of easements or private rights-of-way abutting or traversing any part of the original parcel. These boundaries shall be shown by means of a dotted line and the name of the person or firm holding right-of-easement or right-of-way shown on the map.
R. At the time of making the survey for the final map, the engineer or surveyor shall set durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code at the angle points along the exterior boundary of the original parcel, along the division lines and along the limiting lines of highways, roads or streets.
S. Date of preparation and issuance of soils report, together with the name of the engineer or engineering firm that prepared the report. Soils report shall include: percolation rates for sewage disposal; R-values for road construction with test locations consistent with proposed road alignments and is sufficient number as approved of by the road commissioner; a determination as to whether the soil is expansive or not, and if expansive minimum recommendations for foundation requirements for single family dwellings; and slope stability analysis for proposed cuts or fills greater than 2:1.
T. Submit a computer disk or a coordinate sheet printout listing all boundary points and closure information for the original parcel and all parcels created by this map. If the map is produced using a CAD program, a disk containing the .dwg or .dxf file is acceptable.
U. Certificates shall appear on a parcel map as follows:

1. “APPLICANT’S CERTIFICATE

I hereby apply for approval of the division of real property shown on this parcel map and certify that I am the legal owner of said property and that the information shown hereon is true and correct to the best of my knowledge and belief.

______________________
(Legal Owner)

______________________
(Address)

______________________
(Telephone)

______________________
Date

The map must be signed by all those individuals holding record title interest (as defined in Section 66436 of the Subdivision Map Act) in the property.

All signatures must be acknowledged (notarized). All maps must be accompanied by a title report, issued by a title company, with a guarantee of not less than $1,000, covering all land encompassed by the map.”

2. “SURVEYOR’S CERTIFICATE

This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.

(Signed) _______________________

R.C.E. (or L.S.) No. ___________.”

3. “COUNTY SURVEYOR’S CERTIFICATE

This map conforms with the requirements of the Subdivision Map Act and County ordinances.

(Signed) _______________________
COUNTY SURVEYOR

Date: ______________.”

4. “RECORDER’S CERTIFICATE

Filed this _______ day of ________, 20__ at _____m. in Book ____________ of Maps at Page _____ of Madera County Records at request of ________________________________

___________________________
COUNTY CLERK-RECORDER

by _________________________
Deputy.”

5. “PARCEL MAP COMMITTEE APPROVAL

Approved: __________________________________
Chairman, Parcel Map Committee
Madera County, California

Date:_____________________________

For the Parcel Map Committee.”

(Ord. 278N § 16(part), 2004).

17.72.110 Number of prints of parcel map.

A sufficient number of prints of the parcel map shall be filed with the parcel map committee at the office of the planning department. (Ord. 278N § 16(part), 2004).

17.72.120 Size of prints of parcel map.

The prints of the parcel map required under Section 17.72.110 shall be on paper eight and one-half inches by eleven inches, or eleven inches by seventeen inches, or eighteen inches by twenty-six inches. Whichever size is chosen, it is required that the image be readable without the aid of optical magnification. (Ord. 278N § 16(part), 2004).

17.72.130 Reassembly of parcels.

A. A parcel map may be submitted according to the requirements of this chapter, wherein parcels are assembled in a new way, provided that not more than the original number of parcels results.
B. Lot lines removed by this action shall be shown on the parcel map by means of lines composed of short dashes separated by two dots.
C. In the event that additional parcels are to be created subsequent to such a reassembly, a separate map, subject to the requirements of this chapter, shall be submitted not less than fifteen days following the recording of the related map showing the reassembly. (Ord. 278N § 16(part), 2004).

17.72.140 Tentative parcel map.

A tentative map drawing shall be filed at the time of application for a parcel map division. Such map should contain all of the information required for a final parcel map, except the surveyor’s certificate, recorder’s certificate or parcel map committee approval, or county surveyor’s certificate. The tentative parcel map shall be approved or submitted to the planning commission by the parcel map committee upon the following conditions:
A. Said tentative map shall be eight and one-half inches by eleven inches, eleven inches by seventeen inches, or eighteen inches by twenty-six inches.
B. Such map may show dimensions of lot lines as best estimated and need not show bearings. The tentative parcel map should be drawn to a scale of one inch equals one hundred feet unless another scale is approved by the chairman of the parcel map committee.
C. The original and a sufficient number of copies shall be filed with the application for the parcel map, and can include any other record or data that bears on the past or present ownership of the property involved may be required by staff to verify ownership (i.e., grant deeds, escrow papers, etc.) with tentative map submission (prior to initiation of the parcel map processing).
D. The filing fee required by the application shall be paid at the time of filing the tentative parcel map. All other fees such as field surveying by the county surveyor or the county road department, shall be paid as specified in this chapter.
E. The chairman of the parcel map committee shall give notice of a meeting of the parcel map committee to consider the approval of said tentative map, or the submission thereof to the planning commission.
F. The notice of the meeting of said parcel map committee shall be given to the following persons:
1. Road commissioner;
2. County engineer;
3. County environmental health director;
4. County assessor;
5. County fire department;
6. To the applicant for the division of land;
7. To the owner of the land to be divided;
8. To the owner of each parcel of land within three hundred feet of the parcel of land to be divided pursuant to the tentative map submitted with the application;
9. The mailing of notice shall constitute service of said notice upon the person or parties addressed. Such fact may be established by an affidavit of mailing
executed by the chairman of the parcel map committee, or his authorized agent.
G. Said notice shall contain the following information:
1. The name of the applicant for the division of land;
2. The name of the owner of the land to be divided;
3. A description of the land to be divided, identifying said land in common terms such as address, location as to named roads and intersections, so as to give as clear an indication as is possible as to its ownership and location;
4. The time and place of the meeting of the parcel map committee, but in no event shall the meeting be set for a time less than ten days from the date of mailing the notice or more than thirty days from the date of mailing the notice;
5. The notice shall specify a public hearing date, time and location on the division;
6. All members of the parcel map committee (road department, engineering department, environmental health department, fire department, assessor’s office and the planning department) shall have their recommendations in connection with said parcel map on file with the planning department on or before the date of said meeting;
7. The notice shall contain any other information which is pertinent as determined by the chairman of the parcel map committee.
H. The meeting of the parcel map committee in connection with any parcel map shall consider and determine the following:
1. If no comments, either oral or written, have been filed with the parcel map committee, and the recommendations have been filed as required by the departments, then the parcel map shall be forwarded for hearing by planning commission in accordance with the provisions of this chapter and said recommendations;
2. The parcel map committee shall make rules and regulations pertaining to continuances with the proceedings provided for herein; provided, that no continuance shall be granted for a greater period of time than sixty days. Said sixty days shall include the accumulation of any continuances. If the sixty days shall expire without a determination by the parcel map committee, then the chairman of the committee shall automatically set the parcel map and its consideration for hearing before the planning commission. (Ord. 278N § 16(part), 2004).

17.72.141 Hearing before planning commission.

The hearing before the planning commission shall be noticed as herein specified and said hearing shall be scheduled at the earliest possible time; provided, that at the hearing the planning commission may, for good cause, continue the hearing, but not for a period of time in excess of sixty days. Said hearing and appeal therefrom shall be conducted upon the following conditions:
A. The commission shall consider the division of land and determine whether the division is in accordance with the rules and regulations established by state statute, and the ordinances of the county and whether any substantial injury would be caused to any real property right or interest of any person objecting to said parcel map.
B. The commission may approve, disapprove or approve said division of land upon specific terms and conditions.
C. The order of the planning commission shall be followed in the processing of said parcel map.
D. The order of the commission may be appealed to the board of supervisors by any department, or any person appearing at said hearing and adversely affected by the decision thereof. Said appeal shall be made in writing within fifteen days from the date of the decision by the planning commission, upon the payment of an appeal fee.
E. Failure to file the appeal within the time specified herein is jurisdictional. (Ord. 278N § 16(part), 2004).

17.72.150 Fees.

A. Fees shall be as specified by resolution of the board of supervisors.
B. Additional fees may be required for field work accomplished by the county surveyor, road department, fire department and/or planning department. Such fees shall be as established by resolution of the board of supervisors. (Ord. 278N § 16(part), 2004).

17.72.160 Filing.

The parcel map shall be filed with the planning department during its normal working hours. The chairman of the parcel map committee or his duly authorized deputy shall have the authority to reject the parcel map for reasons of inaccuracy, illegibility or incompleteness, according to the requirements of this chapter. The chairman of the parcel map committee shall not accept a map for filing unless the filing fee has been paid and, further, shall not sign a parcel map as approved until the cost of field work reported under Section 17.72.150 has been paid. Refusal of the chairman of the parcel map committee to accept a parcel map shall be subject to appeal to the board of supervisors according to the rules for appeal. (Ord. 278N § 16(part), 2004).

17.72.170 Distribution.

The chairman of the parcel map committee shall then distribute the copies of the parcel map to each member of the parcel map committee, together with a memorandum containing other significant information pertaining to this land division. (Ord. 278N § 16(part), 2004).

17.72.180 Parcel map committee action.

The members of the parcel map committee shall review the parcel map, approving or disapproving, within twenty calendar days of receipt of the parcel map and may approve the parcel map only if all of the following conditions prevail:
A. The division conforms to all applicable zoning and subdivision regulations of the county pertaining to the size of lots, shape and dimensions of lots, location and distance requirements of structures; and potential land uses applicable under the existing zoning;
B. The angle of intersection with the abutting streets and the location, grade and alignment of any new streets established by the division and intended for vehicular access conform to the standards established by the county;
C. The disposal of sewage from or within the parcels will not, in the opinion of the environmental health director constitute a problem; or does not violate the requirements of Chapter 7.24 and Articles I and II of Title 13 of this code;
D. 1. An offer of dedication is made to the county for any access from a county road or roadway to each parcel created pursuant to the map. Such offer of dedication shall be by separate instrument or other recordable document, acceptable to the county road commissioner and shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest.
2. The requirement of this subsection does not imply that the county must accept the offer. The board of supervisors shall act upon such offers according to state law and provisions of Government Code Sections 66492 and 66494 with respect to the policy of the board as established by resolution.
3. The parcel map committee chairman shall not approve the parcel map until and unless it has the certificate of county counsel approving the separate instrument or other recordable document acceptable to the county road commissioner dedicating the proposed right-of-way. The planning department shall file all offers of dedication made pursuant to this section with the county recorder.
4. Notwithstanding the other provisions of subsection D of this section, the parcel map committee may accept, in lieu of an offer of dedication for highway purposes, a photostatic copy of a use permit for highway purposes granted by the United States Forest Service to the person or persons applying to the county for the division of property. If the parcel map committee does accept the use permit as specified in this section, then, in that event, the parcel map shall have inscribed the following certificate upon it:
CERTIFICATE
The division of land by this Parcel Map requires access across government forest land. The United States Forest Service has granted a use permit to the undersigned for road purposes. Any maintenance, construction or repair required in connection with said road is the responsibility of the undersigned and the United States Forest Service. The undersigned, or any person claiming title to land by reason of this parcel Map, shall not make any demands upon the County of Madera for maintenance and repair of said road.

E. Any existing or new street intended for, or serving as, principal means of vehicular access to the property shown on the parcel map, has a minimum right-of-way width of sixty feet if the original parcel is capable of being divided into more than four building sites under this chapter or any applicable subdivision or zoning regulation of the county. Wider street right-of-way may be required by the road planning and/or department;
F. Every parcel, each of a gross area of forty acres or less, has an access approved by the county road department to a county roadway. Such approval shall include, but shall not be limited to, any construction required by the county road and/or planning department in connection with the offer of dedication required by subsection D of this section. (Ord. 278-Q § 1, 2006: Ord. 278N § 16(part), 2004).

17.72.184 Construction of improvements.

Except as provided by Section 17.72.186, no parcel map shall be recorded unless all improvements required pursuant to this chapter are completed and accepted, unless bonded pursuant to Section 17.72.186 of this title. (Ord. 278N § 16(part), 2004).

17.72.185 Driveway access.

A. Except as permitted by this chapter, driveway access to parcels shall be from the driveway location within the parcel’s deeded frontage or offered for dedication frontage as depicted on the parcel map.
B. Driveway access shall be certified by a registered civil engineer, licensed in the state of California and shall include the following representations:
1. The driveway can be constructed in the location shown on the tentative and final maps in compliance with the requirements of Public Resources Code Section 4290 and county development standards. If it is determined that a driveway cannot be constructed for each parcel, the applicant will be required to file an amended tentative map which will provide driveways to each parcel as re-recorded on the map.
2. The driveway meets the AASHTO or Caltrans requirements for adequate sight distance to permit safe road access.
C. The road commissioner or his designee, in his discretion, may permit design exceptions to allow driveway access at other points within the parcel frontage so long as the driveway meets the requirements of Public Resources Code Section 4290, county development standards and AASHTO or Caltrans requirements for adequate sight distance, unless the access rights have been waived. If access has been waived, the driveway must be constructed in the exact location shown on the recorded parcel map. (Ord. 610 § 2, 2005).

17.72.186 Improvement agreements.

Prior to the recordation of a final parcel map, the county may enter into an agreement with the applicant to provide for the completion of designated improvements required pursuant to this chapter. At the time of filing the agreement, the subdivider will deposit with the county an acceptable security. The amount of this security will be equal to one hundred fifty percent of a California registered civil engineer’s cost estimate. The cost estimate must be approved by the county engineer, road commissioner or their designee. The security amount (one hundred fifty percent of the approved estimate) includes one hundred percent for performance and fifty percent for labor and materials. The agreement shall specify the date by which the improvements shall be completed. Existence of the agreement shall be noted on the final parcel map or in the resolution approving a parcel map waiver and the agreement shall be recorded in the official records of the county. (Ord. 278N § 16(part), 2004).

17.72.187 Public utilities.

Prior to final map recordation, the applicant or his authorized agent will provide the planning director with will serve letters from the appropriate water, wastewater, power and telephone companies. (Ord. 278N § 16(part), 2004).

17.72.190 Approval of parcel map.

Providing the requirements of all ordinances and regulations of the county and this chapter are met, such parcel map may be approved by the parcel map committee. Upon approval of the parcel map by the members of the committee:
A. The original parcel map shall be endorsed by the chairman of the parcel map committee. One copy of the signed, approved parcel map shall be made and permanently filed in the planning department;
B. The planning department shall immediately notify the property owner of the approval of the parcel map;
C. The parcel map, along with the recording fee supplied by the applicant, shall then be submitted for recording to the office of the county recorder by the planning department. All maps must be accompanied by a certificate from the county counsel’s office that all required signatures appear on the map;
D. The property may then be divided as shown on the approved parcel map. (Ord. 278N § 16(part), 2004).

17.72.200 Appeal to the board of supervisors.

In the event that the applicant, or any member of the parcel map committee, or any other person, firm or corporation is not satisfied with the action of the planning commission, within fifteen days of such action, an appeal may be filed in writing to the board of supervisors. Such an appeal shall be accompanied by a fee, as specified by resolution of the board of supervisors, payable through the planning department to the general fund of the county, to defray the costs of hearing in the appeal, except that members of the parcel map committee shall not be required to pay the fee. No building or land use permit shall be issued while such appeal is being processed and any related building or land use permit issued shall be null and void, and any construction thereunder immediately terminated. (Ord. 278N § 16(part), 2004).

17.72.210 Action on appeal.

Upon receipt of the written appeal and subsequent to the payment of the appeals fee, the board of supervisors shall set a date for a hearing on the appeal. The board of supervisors shall give such notice as it shall determine. The board of supervisors shall hear the appeal and shall render its decision on the appeal within forty days of the filing of the appeal, unless said forty-day period is waived by the appellant. (Ord. 278N § 16(part), 2004).

17.72.220 Building, land use and zoning permits.

Compliance with this chapter is a condition precedent to the issuance of a building permit, land use or zoning permit by any person authorized to issue such permits in the unincorporated territory of the county.
Building permits, land use and zoning permits issued without prior compliance with this chapter, subsequent to its passage, are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the building inspector to notify the person to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with.
This chapter shall be deemed complied with, if the division of land accomplished does not vary from the parcel map submitted to the parcel map committee in an amount greater than three percent of the area of each parcel or lot affected. (Ord. 278N § 16(part), 2004).

17.72.230 Variance procedure.

A variance to any provisions of this chapter, except the requirement of, or the waiver procedure for, a parcel map, may be granted by the board of supervisors upon the following conditions:
A. A written application stating the specific reasons for the variance request accompanied by a fee established by resolution of the board of supervisors;
B. A public hearing held before the board within sixty days of the filing of the application and upon notice as required by law;
C. The following findings are made in writing by the board of supervisors:
1. The variance is necessary because of special circumstances related to the applicant’s property which do not exist on adjacent properties,
2. The applicant will be deprived of a substantial property right if the variance is not granted,
3. Granting the variance will not amount to a special privilege for this applicant otherwise not available to other property owners;
D. The resolution granting the variance shall be printed on the face of the parcel map. (Ord. 278N § 16(part), 2004).

17.72.240 Voidability of conveyance.

Any conveyance or contract to convey made contrary to the provisions of this chapter is voidable to the extent and in the same manner provided in Section 66499.32 of the Government Code of the state. (Ord. 278N § 16(part), 2004).

17.72.250 Compliance.

It is unlawful for any person, firm, association, syndicate, partnership, corporation, trust, escrow agent or any other legal entity, as a principal, agent or otherwise, to sell, to contract to sell, or to cause or permit to be sold, or participate in the sale of, lease or use for financing, any portion of any division of land regulated by this chapter, improved or unimproved, in the county, unless and until all the requirements hereinbefore provided have been complied with. Any offer for sale shall be contingent on compliance with all requirements hereinbefore prescribed. (Ord. 278N § 16(part), 2004).

17.72.260 Enforcement procedures.

A. Upon discovery of an apparent violation of this chapter, each member of the parcel map committee shall immediately report by memorandum to the chairman of the parcel map committee all available information concerning the apparent violation. The chairman of the parcel map committee shall review such information and determine that an apparent violation has or has not occurred. If he/she determines that an apparent violation has occurred, he/she shall cite the grantor(s), the grantee(s), the vendor(s), the vendee(s), and any principal(s), agent(s), broker(s), escrow agent(s) or any other involved person(s) to appear at a specified time to show cause, if they have any, why a parcel map was not filed in accordance with this chapter. The citation shall be served personally or by certified mail, return receipt requested. The mailing of the citation shall constitute service.
B. The chairman of the parcel map committee shall conduct the hearing and if he/she determines that a violation of this chapter has occurred, he/she shall require the filing of a parcel map pursuant to this chapter within
thirty days. Failure to file the parcel map within thirty days as ordered by the chairman of the parcel map committee shall thereafter require doubling the fees that would normally be required for the filing fee for any map in connection with any such violation. The chairman of the parcel map committee is authorized and directed to collect this additional fee in the event that more than thirty days has passed from the date of notification as provided in this section. Such fee shall be deposited in the general fund as provided in Section 17.72.200.
C. If an acceptable parcel map is not filed thereafter within an additional thirty days, the chairman of the parcel map committee is authorized and directed to refer the matter to the district attorney or the county counsel for appropriate legal action. (Ord. 278N § 16(part), 2004).

17.72.270 Penalty for violation.

The penalty for violation of this chapter shall be as prescribed in Chapter 1.12 of this code, except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the county, any other political subdivision, or any person may otherwise be entitled, and the county, any other political subdivision, or any person may file an action in the superior court of the county to restrain or enjoin any attempt or proposed division, subdivision, or sale, in violation of this chapter. Each person or other legal entity shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted, and shall be punishable therefor as provided by this chapter. (Ord. 278N § 16(part), 2004).

17.72.280 Waiver of parcel maps.

The requirements under this chapter for a parcel map may be waived by the board of supervisors as follows:
A. The application for a waiver shall be in writing, shall state the specific reasons for the waiver, shall be accompanied by a filing fee established by resolution of the board of supervisors.
B. The application shall be accompanied by a tentative parcel map conforming to Section 17.72.140; a property description; the established fee for a parcel map; a litigation guarantee insuring the county in an amount not less than one thousand dollars; written consents, in a format acceptable to the county, from all persons holding record title interest in the property for which the waiver is sought; information sufficient for the board to make the findings required of subsection D of this section; and any other information requested by the parcel map committee.
C. The parcel map committee shall review the application and tentative map and submit written comments to the clerk of the board of supervisors within thirty days of the filing date of the application.
D. The board of supervisors shall, within thirty days from the date of receipt of the parcel map committee comments, hold a public hearing to consider those comments and receive any other evidence. The board may grant the waiver if specific findings based upon the evidence are made that the proposed division complies with applicable requirements as to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the State Subdivision Map Act (Government Code Sections 66410 et seq.) and this code. The board may place reasonable conditions upon granting the waiver to insure the public health, safety and welfare, and shall require a description satisfactory to the county engineer of the property for which the waiver is sought.
E. A waiver granted by the board shall be effective only upon recording a copy of the board resolution, the consent(s) of the record title interest holders and any record of survey or other property description required by the board, and upon fulfilling any conditions placed upon the waiver by the board. The waiver shall be void and of no effect unless all requirements and conditions are satisfied within six months after the board action. (Ord. 278N § 16(part), 2004).

17.72.350 Certificate of tax collector-Treasurer.

Before any parcel map may be recorded, the applicants shall obtain a certificate from the tax collector-treasurer that all delinquent property taxes on that property covered by said parcel map have been paid. The
applicants shall also cause to be discharged prior to approval of said parcel map and any and all liens against the property covered by said parcel map, which liens are in favor of the county. (Ord. 278N § 16(part), 2004).

17.72.360 Reapplication for parcel map, waiver, variance or lot line adjustment.

Unless denied without prejudice, no person, including the original applicant, shall reapply for the same parcel map, parcel map waiver, variance or lot line adjustment on the same parcel or parcels within a period of one year from the date of the final decision on such previous application, unless a request for reapplication is granted according to the procedures and standards set forth in Section 18.108.210. (Ord. 278N § 16(part), 2004).