Chapter 17.28
MODIFICATIONS--ENDORSEMENT--PENALTIES--VALIDITY
Sections:
17.28.010 Waiver of Requirements.
17.28.020 Reference to other laws.
17.28.030 Violation of other laws.
17.28.040 Sales contrary to requirements of this title.
17.28.050 Building permit not to be issued.
17.28.110 Tolling of procedural time limitations for action--Provisions for lodging tentative maps.
17.28.010 Waiver of Requirements.
(a) Except for the required filing of a tract map, the city council may waive all or any portion of the requirements of Title 17, including but not limited to the requirements for improvement, design and payment of fees, if it has found and determined that the strict application of the requirement in question would (Ord. 783, Sec. 32, 2001):
(1) Result in undue practical difficulties or unnecessary hardship inconsistent with the purposes of this title, and it is found that a waiver of the required improvement would not be materially detrimental to the public health, safety and general welfare, nor detrimental to property and improvements thereon in the immediate vicinity of the subject property;
(2) A waiver may be granted at any time prior to the approval of a tentative map and may be accompanied by reasonable conditions including a fee in lieu of the requirement waived, which fee must be paid prior to the recording of the final map. The amount of such fees shall be established, from time to time, by resolution. (Ord. 415 Sec. 2, 1978: Ord. 307 Sec. 1, 1974: Ord. 233 Sec. 7.1, 1972)
17.28.020 Reference to other laws.
Whenever reference is made to any portion of this title or other ordinance or statute, the reference applies to all amendments and additions now and hereafter made. (Ord. 233 Sec. 7.2, 1972)
17.28.030 Violation of other laws.
Neither the approval or 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. 233 Sec. 7.3, 1972)
17.28.040 Sales contrary to requirements of this 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 66499.32 of the Subdivision Map Act and shall constitute a violation of this title and a misdemeanor. (Ord. 783, Sec. 33, 2001; Ord. 233 Sec. 7.4, 1972)
17.28.050 Building permit not to be issued.
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. 233 Sec. 7.5, 1972)
17.28.060 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 enjoyment 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. 233 Sec. 7.6, 1972)
17.28.070 Separate offenses.
Each separate sale, contract for sale, or each separate attempt or offer to sell any lands from a division of land without first complying with the provisions of this title and the Subdivision Map Act shall be deemed a separate offense. (Ord. 233 Sec. 7.7, 1972)
17.28.080 Remedies.
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. 233 Sec. 7.8, 1972)
17.28.090 Penalties.
Repealed Ord. 634, 1991) (Ord. 527 Sec. 11, 1984: Ord. 233 Sec. 7.9, 1972)
17.28.100 Validity.
If any section, subsection, paragraph, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this title. The city council declares that it would have passed the ordinance codified herein and each section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, paragraph, sentences, clause or phrase hereof is declared invalid or unconstitutional. (Ord. 233 Sec. 7.10, 1972)
17.28.110 Tolling of procedural time limitations for action--Provisions for lodging tentative maps.
(a) Notwithstanding any procedural time limitations for actions on tentative maps and/or parcel maps as provided in Title 17 of the Norco Municipal Code, including but not limited to Sections 17.16.110 and 17.16.120 thereof, or any other provisions of said code, the time limitations shall be tolled and suspended from the date of their commencement until all the objectives, criteria and procedures as provided in city’s Resolution No. 74-9 and any amendments thereto for the evaluation of the environmental impact of any proposed subdivision, as shown on a tentative tract map or any minor land division, as shown on a parcel map, have been met and completed, including the preparation and certification of any environmental impact reports, if required. Upon the tolling of said time limitations and the suspension thereof, the time period shall not commence to rerun until the environmental evaluation has been completed.
(b) No tentative map and/or parcel map submitted to the city for review and approval shall be considered filed within the meaning of Section 66452 of the Subdivision Map Act or within the meaning of Sections 17.16.060 and 17.16.110 of the Norco Municipal Code until the environmental evaluation of the proposed subdivision or minor land division, as shown on said maps, has been completed by the city. During the interim between the time of the submission to the city and the completion of the environmental evaluation, the maps shall be considered lodged with the city. Upon completion of said environmental evaluation, the tentative maps shall be considered filed. (Ord. 783, Sec. 34, 2001; Ord. 300 Sec. 2, 1974)