Ord 1757 - AMENDING THE TOWN SUBDIVISION ORDINANCE REGARDING PROCEDURES FOR NOTICES OF VIOLATION AND CERTIFICATES OF COMPLIANCE

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ORDINANCE 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