Ord 1739 - TO AMEND THE TOWN CODE CONCERNING AMENDMENTS TO ALLOW CERTAIN CLASSES OF CERTIFICATES OF COMPLIANCE TO BE ISSUED BY THE TOWN ENGINEER AND PLANNING DIRECTORORDINANCE NO. 1739
AN ORDINANCE OF THE TOWN OF LOS GATOS TO
AMEND THE TOWN CODE CONCERNING AMENDMENTS
TO ALLOW CERTAIN CLASSES OF CERTIFICATES
OF COMPLIANCE TO BE ISSUED BY THE
TOWN ENGINEER AND PLANNING DIRECTOR
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I.
Section 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 op-
eration of law under the provisions of the Subdivision Map Act and town ordi-
nance is considered by the town attorney after consultation with the town engi-
neer and planning director.
(b) Notices of intention to record a notice of violation (Government Code sec-
tion 66499.36) and notices of merger (Government Code section 66424.2) are pre-
pared 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 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) The planning director and town engineer jointly issue certificates of com-
pliance (Government Code section 66451.30) for unmerged parcels for which a no-
tice of merger has not been recorded.
(f) 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.
(g) The filing fees for applications for certificates of compliance determined
by the advisory agency are the same as those for tentative parcel maps.
(h) The filing fees for applications for certificates of compliance determined
by the planning director and town engineer are as determined by the Town Coun-
cil.
(i) 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 continued regular meeting
of the Town Council of the Town of Los Gatos on October 26 1987 and adopted
by the following vote as an ordinance of the Town of Los Gatos at a regular meeting
of the Town Council on November 16 1987.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito,
Robert L. Hamilton, and Vice -Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Mayor Brent N. Ventura
SIGNED: 0 ,
VICE- MAYOR OF "HE TOWN OF LOS GA OS
ATTEST: -----
CLERK OF E TOWN OF LOS GA U
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