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Ord 1244 - AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN CONCERNING VIOLATIONS AND CERTIFICATES OF COMPLIANCEORDINANCE NO. 1244 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE SUBDIVISION ORDINANCE OF THE TOWN CONCERNING VIOLATIONS AND CERTIFICATES OF COMPLIANCE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 27 -6.5 is added to the Code of the Town of Los Gatos to read: SEC. 27 -6.5 VIOLATIONS AND COMPLIANCE a. The question of whether real property has been divided in violation of the provisions of the Subdivision Map Act or of the subdivision ordinance of the Town shall be determined by the Town Attorney after consultation with the Town Engineer and Planning Director. b. Notices of violation (Government Code section 66499.36) shall be prepared and filed for record by the Town Attorney after consultation with the Town Engineer and Planning Director, and shall be signed by the Planning Director. C. If it is determined in the manner provided in subdivision (a) of this section that land does not comply with the provisions of the Subdivision 00 Map Act or the subdivision ordinance of the Town, no certificate of compliance (Government Code section 66499.35) shall issue except on application to, and approval by, the Architecture and Site Committee. d. The matter of issuance of certificates of compliance (Government Code section 66499.35) in instances where land has been divided in violation of the Subdivision Map Act or the subdivision ordinance of the Town shall be determined by the Architecture and Site Committee in the same manner as applications for tentative parcel map approval. The Committee may either impose conditions on issuance of the certificate as provided by the Subdivision Map Act, or may determine that imposition of conditions is not necessary in order to make the land conform to Town subdivision standards and that the division of the land is consistent with The Committee m; compliance only that compliance permitted under is impossible. e. Certificates of the public health and public safety. ay deny issuance of a certificate of in those instances where it finds by the landowner with the conditions Government Code section 66499.34 compliance shall be prepared and filed -2- by the Town Attorney and shall be signed by the Town Engineer and Planning Director. f. When applications for certificates of compliance are filed for hearing by the Architecture and Site Committee, the fees shall be those provided for processing tentative parcel maps. g. Neither this section 27 -6.5 nor issuance of a certificate of compliance shall bar any remedy mentioned in Government Code section 66499.33, nor any criminal prosecution. SECTION 2. This ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption. The Town Clerk of the Town of Los Gatos shall cause this ordinance to be published once within fifteen (15) days after its adoption, in the Los Gatos Times-Saratoga Observer, a, newspaper of general circulation, published and circulated in the Town of Los Gatos. The above and foregoing ordinance was duly and regularly introduced at a. regular meeting of the Town Council of the Town of Los Gatos held on the 7th day of July , 1975. PASSED AND ADOPTED as an ordinance of the Town of Los Gatos, California, at a regular meeting of the Town Council, held on the 21st day of July 1975 -3- by the following vote: AYES: COUNCILMEN Ruth Cannon Mark B. DiDuca John B. Lochner Albert B. Smith Egon Jensen NOES: COUNCILMEN None ABSENT: COUNCILMEN None SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK F 'fffE OF CLOS GATOS