Ord 1757 - AMENDING THE TOWN SUBDIVISION ORDINANCE REGARDING PROCEDURES FOR NOTICES OF VIOLATION AND CERTIFICATES OF COMPLIANCEORDINANCE NO. 1757
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN SUBDIVISION ORDINANCE
REGARDING PROCEDURES FOR NOTICES
OF VIOLATION AND CERTIFICATES OF COMPLIANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
Section 27 -6.5 of the Town Code is amended to read:
Section 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) are prepared and filed for record by the Town Attorney af-
ter 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.
(d) Certificates of Compliance:
Certificates of Compliance may be used for the following purposes:
(1) To recognize an existing parcel as a separate unit from other units
of land.
(2) To terminate a notice of violation.
(3) To evidence the unmerger of a parcel shown as a unit or contiguous
units on the latest equalized county assessment roll in accordance with Sections
66451.30 and 66451.31 of the Subdivision Map Act.
(e) The advisory agency may condition issuance of the Certificate of Compli-
ance in the manner provided by the Subdivision Map Act and Town Zoning Ordi-
nance. The advisory agency may deny issuance of a Certificate of Compliance on-
ly in those instances where it finds that compliance by the landowner with the
conditions permitted under Government Code Section 66451.30 and 66499.35 is im-
possible.
(f) Certificates of Compliance are prepared and filed by the Town Attorney
and are signed by the Town Engineer and Planning Director.
(g) The filing fees for applications for Certificates of Compliance deter-
mined by the advisory agency are set by Town Council Resolution.
(h) Neither proceedings under this section, nor issuance of a Certificate of
Compliance, bars any civil remedy, including the remedies mentioned in Govern-
ment 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.
This ordinance was introduced at a regular meet-
ing of the Town Council of the Town of Los Gatos on July 18 , 1988 and
adopted by the following vote as an ordinance of the Town of Los Gatos at a reg-
ular meeting of the Town Council on August 1 , 1988.
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L.Hamilton,
Brent N. Ventura & Vice -Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
None
Eric D. Carlson
SIGNED: / /
VI 7 F THE / TOWN F LOS GATOS
ATTEST:
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