Colfax Municipal Code Ch. 16.52 Reversions to Acreage

Proceedings to revert subdivided property to acreage may be initiated by a petition of all of the owners of record and shall be in a form prescribed by the city engineer.

(Prior code § 9-1.1510)

The council, at the request of any person or on its own motion, may initiate proceedings to revert property to acreage. The council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

(Prior code § 9-1.1515)

Petitioners shall file the following:

A. Evidence of title to the real property; and

B. Evidence:

1. Of the consent of all the owners of an interest in the property; or

2. That none of the improvements required to be made have been made within two years after the date the final map was filed for record or within the time allowed by agreement for the completion of the improvements whichever is later; or

3. That no lots shown on the final map or parcel map have been sold within five years after the date such final map or parcel map was filed for record.

(Prior code § 9-1.1520)

Petitions to revert property to acreage shall be accompanied by a fee equal to the fee for filing a subdivision map. If the proceedings are initiated by the council, the person who requested the proceedings shall pay the costs incurred by the city. Initiation fees shall not be refundable.

(Prior code § 9-1.1525)

A public hearing shall be held before the council on all final map proceedings for reversions to acreage. Notice of the public hearing shall be given as provided in the Subdivision Map Act of the state. The city engineer may give such other notice as he or she deems necessary or advisable. The council may approve a reversion to acreage only if it makes the findings required by the Subdivision Map Act of the state. The council may require as conditions of the reversion:

A. That the owners dedicate or offer to dedicate streets or easements; and

B. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish the purpose of the Subdivision Map Act of the state or this chapter.

(Prior code § 9-1.1530)

Except as provided in the Subdivision Map Act of the state, upon the filing of the final map for reversion to acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the council.

(Prior code § 9-1.1535)

After the hearing before the council and approval for the reversion, the final map shall be delivered to the county recorder.

(Prior code § 9-1.1540)

Property previously subdivided, consisting of four or less contiguous parcels under the same ownership, may be reverted to acreage pursuant to the following provisions of this chapter.

(Prior code § 9-1.1545)

Proceedings shall be initiated by a petition of all the owners of the property. The petition shall be on a form prescribed by the city engineer and shall be accompanied by:

A. Evidence of ownership;

B. Evidence of non-use or lack of necessity of any streets or easements to be vacated or abandoned; and

C. A parcel map.

(Prior code § 9-1.1550)

The petition shall be accompanied by a fee equal to the fee for filing a tentative map-parcel map, no part of which shall be refundable.

(Prior code § 9-1.1555)

A public hearing shall be held before the council on the petition. Notice thereof shall be given as provided in the Subdivision Map Act of the state. Additional notice may be given as deemed necessary or advisable by the city engineer. The council shall approve the petition if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion are unnecessary for present or future public purposes.

(Prior code § 9-1.1560)

After the approval of the petition, a parcel map shall be delivered to the county recorder. The parcel map shall have attached thereto a certificate signed and acknowledge by all parties having any record title interest in the property that the parties consent to the preparation and recordation of the parcel map.

(Prior code § 9-1.1565)