Chapter 16.68
MODIFICATIONS – VIOLATIONS
Sections:
16.68.015 Amending final maps.
16.68.020 Reference to other laws.
16.68.030 Approval of map not to waive other requirements.
16.68.040 Sales contrary to requirements of title.
16.68.050 Compliance of lot prerequisite to building permit issuance.
16.68.080 Remedies cumulative.
16.68.010 Modifications.
Whenever in the opinion of the City Council the land involved in a land division is of such size or shape or is subject to such title limitations or record, or is affected by such topographical location or conditions, or is to be devoted to such use, or is subject to such regulation by the zoning ordinance that it is impractical in the particular case to conform to the strict application of the requirements of this title, the City Council may make such modifications thereof as in its opinion are reasonably necessary; provided, that the modifications are in conformity with the spirit and intent of the Subdivision Map Act and of this title. [Ord. 529 § 7.1, 1973].
16.68.015 Amending final maps.
In addition to the correction and amendment of maps after a final map or parcel map is filed in the office of the County Recorder pursuant to Section 66469 of the Subdivision Map Act, such a map may be modified by a certificate of correction or amending map if the local agency finds that there are changes in the circumstances which make any or all of the conditions of the map no longer appropriate or necessary pursuant to Section 66472.1 of the Subdivision Map Act. Such modification shall be set for public hearing before the City Council. The City Council shall confine the hearing to consideration of and action on the proposed modification. [Ord. 1047 § 1, 1999].
16.68.020 Reference to other laws.
Whenever reference is made to any portion of this title or other ordinance or statute, such reference applies to all amendments and additions now and hereafter made. [Ord. 529 § 7.2, 1973].
16.68.030 Approval of map not to waive other requirements.
Neither the approval nor conditional approval of any tentative or final map shall constitute or waive compliance with any other applicable provision of this title, other City ordinances or State law, or authorize a violation or failure to comply with this title, other City ordinances or State law. [Ord. 529 § 7.3, 1973].
16.68.040 Sales contrary to requirements of title.
Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title is voidable to the extent and in the same manner as is provided for in Section 11540 of the Subdivision Map Act and shall constitute a violation of this title and a misdemeanor. [Ord. 529 § 7.4, 1973].
16.68.050 Compliance of lot prerequisite to building permit issuance.
No building permit shall be issued for the erection or use of any structure or part thereof, located or to be located on a lot or parcel of land created or established otherwise than in accordance with the provisions of this title. Any permit issued contrary to the provisions of this title shall be void and of no effect. [Ord. 529 § 7.5, 1973].
16.68.060 Legal procedure.
Any building or structure erected or maintained on a lot or parcel of land created or established contrary to the provisions of this title is unlawful and a public nuisance and the City Council may file a suit in the Superior Court of the County to commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such building or structure. [Ord. 529 § 7.6, 1973].
16.68.070 Separate offenses.
Each separate sale, contract for sale, or each separate attempt or other to sell any land from a division of land without first complying with the provisions of this title and the Subdivision Map Act is a separate offense. [Ord. 529 § 7.7, 1973].
16.68.080 Remedies cumulative.
All remedies provided herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof. [Ord. 529 § 7.8, 1973].