Ord 1753 - AMEND THE TOWN CODE TO MAKE NONSUBSTANTIVE CHANGES TO THE LETTERING OF THAT SECTION WHICH ALLOWS CERTAIN CLASSES OF CERTIFICATES OF COMPLIANCE TO BE ISSUED BY THE TOWN ENGINEER AND PLANNING DIRECTORORDINANCE NO. 1753
AN ORDINANCE OF THE TOWN OF LOS GATOS TO
AMEND THE TOWN CODE TO MAKE NONSUBSTANTIVE
CHANGES TO THE LETTERING OF THAT SECTION
WHICH ALLOWS CERTAIN CLASSES OF CERTIFICATES
OF COMPLIANCE TO BE ISSUED BY THE
TOWN ENGINEER AND PLANNING DIRECTOR
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
Section 27 -6.5 of the Town Code is amended to read:
Sec. 27 -6.5 Violations, merger and compliance.
(a) The question of whether real property has been divided in violation of
the provisions of the Subdivision Map Act or of town ordinance, or has
merged by operation of law under the provisions of the Subdivision Map Act
and town ordinance is considered by the Town attorney after consultation
with the town engineer and planning director.
(b) Notices of intention to record a notice of violation (Government Code
section 66499.36) and notices of merger (Government Code section 66424.2)
are prepared and filed for record by the town attorney after consultation
with the town engineer and planning director, and are signed by the
planning director.
(c) The advisory agency determines whether land fails to comply with the
provisions of the Subdivision Map Act or town ordinance in the same way it
determines applications for tentative map approval. The advisory agency
may condition issuance of the certificate in the manner provided by the
Subdivision Map Act. The advisory agency may deny issuance of a certifi-
cate of compliance only in those instances where it finds that compliance
by the landowner with the conditions permitted under Government Code sec-
tion 66499.35 is impossible. The advisory agency also determines whether
to record notices of merger.
Ij C'
(d) The planning director and town engineer jointly issue certificates of
compliance (Government Code section 66451.30) for unmerged parcels for
which a notice of merger has not been recorded.
(e) Certificates of compliance and notices of merger are prepared and filed
by the town attorney and are signed by the town engineer and planning di-
rector.
(f) The filing fees for applications for certificates of compliance deter-
mined by the advisory agency are the same as those for tentative parcel
maps.
(g) The filing fees for applications for certificates of compliance deter-
mined by the planning director and town engineer are as determined by the
Town Council.
(h) Neither proceedings under this section, nor issuance of a certificate
of compliance, bars any civil remedy, including the remedies mentioned in
Government Code section 66499.33, nor any criminal prosecution.
SECTION II.
This ordinance takes effect 30 days after the date it is adopted. Within
15 days after this ordinance is adopted the Town Clerk shall cause it to be
published once in a newspaper of general circulation published and circulated
in the Town.
MMM
This ordinance was introduced at a regular
meeting of the Town Council of the Town of Los Gatos on May 2 1988
and adopted by the following vote as an ordinance of the Town of Los Gatos at a
regular meeting of the Town Council on May 16 , 1988.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito
Robert L. Hamilton, Brent N. Ventura and Mayor Eric D.
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
PLNOI:TC 4/18 #4
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