Ord 1433 - AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN OF LOS GATOS CONCERNING VIOLATIONS AND LOT MERGER

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ORDINANCE 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.