CHAPTER 1
SUBDIVISIONS
ARTICLE 20. PENALTIES
SECTION:
§8332: Supplemental Improvements Required
§8333: Supplemental Improvements; Reimbursement Agreement; Funding Procedures
§8334: Supplemental Improvements; Drainage, Sewerage, Bridges And Major Thoroughfares
§8336: Grading And Erosion Control
§8330 PENALTY FOR VIOLATIONS
Any person, firm, corporation, partnership or co-partnership who violates any of the provisions or fails to comply with any of the mandatory requirements of this Chapter or of the Map Act is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the City jail for not to exceed six (6) months or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the City or other political subdivision, or any person, firm, corporation, partnership or co-partnership may otherwise be entitled, and the City or any other political subdivision or person, firm, corporation, partnership or co-partnership may file a suit in the superior court of the County of Mendocino, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Chapter or of the Map Act. (Ord. 533, §13.1, adopted 1958; amd. by Ord. 682, §21, adopted 1976)
§8331 FEES IN GENERAL
The City may, from time to time, establish by ordinance those fees which are authorized by the Map Act. (Ord. 682, §22, adopted 1976)
§8332 SUPPLEMENTAL IMPROVEMENTS REQUIRED
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost or such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of this Chapter. (Ord. 682, §23, adopted 1976)
§8333 SUPPLEMENTAL IMPROVEMENTS; REIMBURSEMENT AGREEMENT; FUNDING PROCEDURES
No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to public notice, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for hearing. (Ord. 682, §24, adopted 1976)
§8334 SUPPLEMENTAL IMPROVEMENTS; DRAINAGE, SEWERAGE, BRIDGES AND MAJOR THOROUGHFARES
If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this ordinance, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this ordinance. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein. (Ord. 682, §25, adopted 1976)
§8335 ENVIRONMENTAL IMPACT
No parcel or tentative map filed pursuant to the provisions of this chapter shall be approved until environmental clearance is given in accordance with the provisions of the California environmental quality act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (Ord. 682, §26, adopted 1976)
§8336 GRADING AND EROSION CONTROL
Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off site property, set forth in the California building code as from time to time adopted by the city. (Ord. 682, §27, adopted 1976; Ord. 1114, §2, adopted 2009)
§8337 APPEALS
Any interested person may appeal any decision of the planning commission or city engineer relative to actions taken pursuant to this chapter of the map act to the city council. Such appeal and the hearing thereon shall be conducted in the manner provided by section 66452.5(a) of the Government Code. (Ord. 682, §28, adopted 1976)