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Ord 1433 - AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING VIOLATIONS AND LOT MERGERORDINANCE NO. 1433 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING VIOLATIONS AND LOT MERGER THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION 1. Sec. 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, has been illegally divided or has merged, (Government Code sections 66499.35 66499.36,,.66424.2). (d) The advisory agency determines whether to issue certificates of compliance (Government Code section 66499.35) in instances where land has been divided in violation of the Subdivision Map Act or 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 certificate of compliance only in those instances where it finds that compliance by the landowner with the conditions permitted under Government Code section 66499.35 is impossible. The advisory agency also determines whether to record notices of merger. (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 director. (f) The filing fees for applications for certificates of compliance are the same as those for tentative parcel maps. (g) 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 2. 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 meeting of the Town Council of the Town of Los Gatos on May 21,1979 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on June 4,1979 AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualti Peter W. Siemens, John B. Lochner NOES: COUNCIL MEMBERS None ABSTAIN: CA CIL MEMBERS None ABSENT: COUNCIL MEMBERS None OF LOS ATTEST: '/ CLERK OF THE TOWN OF LOS GATO -2-