Bishop Municipal Code Ch. 16.12 Administration and Enforcement

A. A report as to the conformity to the general plan, which is required pursuant to Government Code § 66473.5 as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

B. Such report is not required for a proposed subdivision which involves:

1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

2. Acquisitions, dispositions or abandonments for street widening; or

3. Alignment projects, provided that the advisory agency expressly finds that any such disposition for street purposes, including acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

(Prior Code, § 17A-4; Code 1985, § 16.12.010)

The planning commission is designated as the advisory agency for purposes of this title. The planning commission shall have all the powers and duties with respect to making investigations and reports on the design and improvement of any proposed division of real property for which a tentative, parcel or final map is required and/or filed; shall have authority to impose requirements and conditions for all such divisions of land; and to approve, conditionally approve, or disapprove such maps and divisions of land. The planning commission shall report the approval, disapproval or conditional approval thereof directly to the subdivider.

(Prior Code, § 17A-6; Code 1985, § 16.12.020)

Before commencing any improvement, the subdivider shall deposit with the city such security as is estimated by the department of public works to cover:

A. The actual cost of checking plans for, and inspection of, all improvements under his jurisdiction; and

B. The building inspector's estimated cost of making necessary inspections for all underground electrical power distribution and street lighting systems. Plan checking security deposits are to be made when plans are submitted for checking. Deposits of security shall be made in the form permitted by Government Code § 66499.

(Prior Code, § 17A-163; Code 1985, § 16.12.030)

Upon completion and payment in full for the inspections provided in section 16.12.030, all security deposited shall be returned to the subdivider.

(Prior Code, § 17A-164; Code 1985, § 16.12.040)

If the security deposit required by section 16.12.030 is insufficient to secure the payment of all costs of plan checking, inspection, etc., the subdivider, upon demand of the public works department or city clerk, shall pay to the city an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the city may recover the same by action in any court of competent jurisdiction, in which proceeding it will be entitled to all its attorney's fees, costs and expenses. Until such deficiency is paid in full, the improvement shall be considered uncompleted.

(Prior Code, § 17A-165; Code 1985, § 16.12.050)

To assure that the work specified in this agreement referred to in chapter 16.20 will be satisfactorily completed and paid for, two corporate surety bonds must be furnished in a penal sum equal to the cost of the work as estimated or approved by the department of public works, one bond guaranteeing the faithful performance of the work, the second bond as security for material suppliers and laborers.

(Prior Code, § 17A-166; Code 1985, § 16.12.060)

The agreement referred to in section 16.24.110 shall be accompanied by a faithful performance bond to the city in a penal sum which, in the opinion of the city surveyor, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement.

(Prior Code, § 17A-167; Code 1985, § 16.12.070; Ord. No. 585, § 2, 3-13-2023)

All tax bonds for special assessments furnished under authority of the Subdivision Map Act, Government Code § 66410 et seq., and all bonds referred to in this title shall be furnished by a surety company authorized to write the same in the state and subject to the approval of the city attorney.

(Prior Code, § 17A-168; Code 1985, § 16.12.080)

In lieu of any bond specified in this chapter, a deposit may be made either with the city clerk or to a responsible escrow agent or trust company, subject to the approval of the city council, or money or negotiable bonds in the same amount of the kind approved by provisions of law for securing deposits of public money in banks.

(Prior Code, § 17A-169; Code 1985, § 16.12.090)

When any portion of an improvement which amounts to 25 percent or more of the total improvement has actually been fully completed, the department of public works may inspect such improvement and may authorize from time to time a reduction in the bonds or a partial withdrawal of funds, or a partial reassignment and withdrawal of savings and loan certificates or shares, which bonds, funds, certificates, or shares were deposited in lieu of a bond required by this chapter, equal to the estimated cost of such completed portion. This section does not authorize a reduction or withdrawal for partial completion of any or all of such improvements.

(Prior Code, § 17A-170; Code 1985, § 16.12.100)

Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the city council may, upon notice in writing of not less than ten days, served upon the person or entity signing such contract, or upon notice in writing of not less than 20 days, served by certified mail addressed to the last-known address of the person or entity signing such contract, determine that the improvement work or any part thereof is uncompleted and may cause to be forfeited to the city such portion of the sum of money, bonds or other security actually given or deposited for the faithful performance of the work, or may cash any savings and loan certificates or shares deposited and assigned to ensure the faithful performance of the work in such amount, as may be necessary to complete such improvement work, refunding to the depositor subdivider any excess thereof.

(Prior Code, § 17A-171; Code 1985, § 16.12.110)

It is unlawful to sell, offer for sale or cause or permit to be sold or offered for sale any portion of any division of real property, improved or unimproved, in the city unless and until the requirements set forth in this title have been complied with.

(Prior Code, § 17A-188; Code 1985, § 16.12.120)

Any person or entity violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00, by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. Each such person or entity shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person or entity and shall be punishable therefor as provided by this title.

(Prior Code, § 17A-189; Code 1985, § 16.12.130)

When the city has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act, Government Code § 66410 et seq., or this title, the city shall cause to be filed for record with the county recorder a notice of violation, describing the real property in detail, naming the owners thereof and describing the violation. Such notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Prior Code, § 17A-190; Code 1985, § 16.12.140)

No parcel or tentative map filed pursuant to the provisions of this title shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of this title. 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.

(Prior Code, § 17A-193; Code 1985, § 16.12.150)

Every map approved pursuant to this title 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 this title.

(Prior Code, § 17A-194; Code 1985, § 16.12.160)