Certificate of Compliance Question

[mpallamary]

As everyone may know, the issuance of a Certificate of Compliance is a ministerial act and once an application is made, the governing municipality must issue the COC. There is no discretion involved. The only options for the agency are to issue an unconditioned COC or a conditional COC.

Due to some recent cases, there appears to be some confusion as to how long an agency has to issue this document.

Does anyone know what the timing requirements are? 30 days? 60 days? 90 days? Ten years?

Thanks all.

[hellsangle]

Michael,

I recall at one of the Subdivision Map Act seminars . . . that C/Cs are not subject to Permit Streamlining process. Therefore . . . whenever.

I wrote something in the CalSurveyor, incorrectly I might add, and Rick Marshall of the Napa County Surveyor's Office straightened me out. (So Rick, if you're listening, chime in. Or Michael, contact Rick directly?)

Take care,

Phil - Sonoma

[hellsangle]

Should have been "Permit Streamlining ACT" not "process"

[mpallamary]

Thanks Phil, I have found some conflicting information on this topic. If it is not clear, it seems like a change in the law might make sense. What is to stop a municipality from stonewalling an applicant, leaving the property owner in perpetual purgatory?

[dmi]

is that the purpose of a writ of mandate?

[mpallamary]

Yes, a writ is one option. They can be expensive though.