(a) When the Director determines that the property for which an applicant requests a certificate of compliance under section 81.1103 does not comply with the SMA or this division or any earlier ordinances the County adopted pursuant to the SMA, the application for a certificate of compliance shall be treated as an application for a conditional certificate of compliance.
(b) The Director shall provide notice of the application by U. S. mail to the owners of all property located within 300 feet of the exterior boundaries of the property for which the certificate is requested. The notice shall state that the Director will make a decision on the application and that any person notified may submit written comments no later than 20 days after the notice. The notice shall also provide information on methods by which the property owner may review the decision or request notice or a copy of the Director's decision.
(c) The Director may deny issuance of a conditional certificate of compliance if the Director determines the effect of issuing the certificate would be to effectively subdivide the property without complying with the SMA.
(d) The Director may as a condition of issuing a conditional certificate of compliance, impose any condition that would have been applicable to the division of property at the time the applicant acquired an interest in the property, and that had been established pursuant to the SMA or a County ordinance adopted pursuant to the SMA. If, however, the applicant was the owner of record at the time of the initial violation of the SMA or a County ordinance adopted pursuant to the SMA, who by a grant of real property created one or more parcels in violation of the SMA or a County ordinance, and the applicant is the current owner of record of one of more of the parcels created by the violation, then the Director may impose any condition that would be applicable to a current division of the property.
(e) The Director's decision granting or denying issuance of a conditional certificate of compliance shall be final.
(f) If the Director determines that the conditional certificate of compliance shall be issued, the Director shall cause the conditional certificate of compliance to be filed with the County Recorder at the applicant's expense.
(Added by Ord. No. 8393 (N.S.), effective 6-10-94; amended by Ord. No. 7389 (N.S.), effective 11-6-87; amended by Ord. No. 10037 (N.S.), effective 3-26-10)