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
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