Imperial County Municipal Code Ch. 10 Reversion to Acreage

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 10, which pertained to the same subject matter, consisted of §§ 90810.00—90810.07, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

Subdivided property may be reverted to acreage pursuant to provisions of this Chapter.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Planning Director. The petition shall contain the information required by Section 90810.03 and such other information as required by the Planning Director.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Board of Supervisors on its own motion may by resolution initiate proceedings to revert property to acreage. The Board of Supervisors shall direct the Public Works Director to obtain the necessary information to initiate and conduct the proceedings in accordance with Government Code Section 665499.12 (Subdivision Map Act).

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Petitioners shall file the following:

A. Evidence of title to the real property and Preliminary Title Report (not more than six months since issuance);

B. Evidence of the consent of all of the owners of an interest in the property;

C. Evidence that none of the improvements required to be made or have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement, for completion of the improvements, whichever is later;

D. Evidence that no lots shown on the final map or parcel map have been sold within five years from the date such final map was filed for record;

E. A tentative map in the form prescribed by Chapter 3 of this Division;

F. Applicable applications for minor subdivision or major subdivision as prescribed in Chapter 5 and 6 of this Division;

G. A parcel map or final map in the form prescribed by Chapters 5 and 6 of this Division which delineates dedications which will not be vacated and dedications required as a condition to reversion;

H. Applicable fees for the reimbursement of the processing of the petition for Reversion of Acreage.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Hearing process as prescribed in Chapters 5 and 6 of this Division for minor subdivision or major subdivisions along with the process for the approval of a parcel map or tract map. All reversions to acreage must be heard by the Board of Supervisors.

The Board of Supervisors may approve a reversion to acreage only if it finds and records in writing that:

A. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

B. Either:

1. All owners of an interest in the real property within the subdivision have consented to reversion; or

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

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

C. The Board of Supervisors may require the following as conditions of reversion:

1. The owners dedicate or offer to dedicate streets or easements.

2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon filing of the parcel map or final map for reversion of acreage with the County Recorder, all fees and deposits for improvements shall be returned to the subdivider, and all improvement securities shall be released by the Board of Supervisors.

In accordance with Government Code Section 66499.17 those fees necessary to reimburse the County for the processing of the original minor or major subdivisions defined in Chapters 5 and 6 of this Division and those costs of processing of the Petition for Revision of Acreage shall be retained by the County and not returned to the property owner.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

After the hearing before the Board of Supervisors and approval of the reversion, the parcel map or final map shall be delivered to the County Recorder.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Reversion shall be effective upon the parcel map or final map being filed for record by the County Recorder. Upon filing, all dedication and offers of dedication not shown on the parcel map or final map for reversion shall be no longer in force and effect.

(Ord. No. 1565, §§ 5, 6, 12-15-20)