§ 9-27

a.

Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

b.

Reduction of Improvement Security. If the subdivision improvements are to be financed and installed pursuant to special assessment proceedings, at the option of the city engineer, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor.

c.

Amount. The improvement security for faithful performance of the agreement shall be 100 percent of the total estimated improvement cost, as determined by the city engineer, in accordance with Section 66499.3 of the Subdivision Map Act.

The improvement security securing payment to the contractor, subcontractor and to persons furnishing labor, materials and equipment shall be 100 percent of the total estimated cost as determined by the city engineer.

d.

Release. The improvement security required by this chapter shall be released in the following manner:

1.

Security given for faithful performance of any act or agreement shall be released upon final completion and acceptance of the act or work, except that such security shall not be released beyond that amount determined as necessary by the city engineer for the required guarantee and warranty period.

(a)

The city council may establish rules and regulations providing for the partial release of performance security upon the partial performance of the work or acceptance of the work as it progresses.

2.

Improvement security shall not be released beyond that amount determined as necessary by the city engineer for the correction of errors or omissions in construction and for the required period of maintenance.

3.

The city engineer may authorize the subdivider to post separate security instruments for the required period of guarantee and warranty.

4.

Any remaining improvement security or the maintenance and errors or omissions security shall be released by the city engineer upon expiration of the required one year guarantee and warranty period in accordance with the agreement. With this release, the Subdivision Improvement Agreement shall be terminated.

Security securing the payment to contractor, their subcontractors and to persons furnishing labor, materials or equipment shall be released in accordance with Government Code Section 66499.7.

(Ord. No. 749, § 7.27.008; Ord. No. 1059, § 17; Ord. No. 1089, § 1; Ord. No. 1181, § 1; Ord. No. 1228, § 4)

9-28 - Reserved.

9-29 - Utilities and Utility Map.

9-29.002 Utility Design. Utility design shall conform to the requirements of each utility company, agency, or district, and Chapter V, the Novato Development Standards Ordinance. Three copies of an approved utility plan, signed by all involved utility companies, agencies and districts must be provided the city prior to the recording of a final map.

a.

When street lights are required, the subdivider must install them at his expense. The subdivider must make all financial arrangements with the utility company so that the lowest possible rates for a utility owned system are available to the city.

b.

Whenever the city imposes a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing telephone or cable television facilities, the developer or subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding or relocation, pursuant to Section 66473.6 of the Subdivision Map Act.

(Ord. No. 749, § 7.29.002; Ord. No. 1128, § 31)

9-30 - Reserved.

• 9-31 - Reversion to Acreage.

Subdivided property may be reverted to acreage pursuant to the provisions of this chapter and the Subdivision Map Act.

9-31.002 Initiation of Proceedings by Others. Proceedings to revert subdivided property to acreage may be initiated by petition of all the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall conform to the information required by subsection 9-9.006 and such other information required by the city.

(Ord. No. 749, § 7.31.002)

9-31.004 Initiation of Proceedings by the City Council. The city council on its own motion may initiate proceedings to revert property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

(Ord. No. 749, § 7.31.004)

9-31.006 Data for Reversion to Acreage. Petitioners shall file the following:

a.

Evidence of title to the real property.

b.

Evidence of consent of all the owners of and interests in the property or evidence that none of the improvements required to be made 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 the later; or evidence that no lots shown on the final or parcel maps have been sold within five years from the date such final map or parcel map was filed for record.

c.

A final map in the form prescribed by section 9-9 of this chapter which delineates dedications not to be vacated and dedications required as a condition to reversion.

(Ord. No. 749, § 7.31.006)

9-31.008 Fees. Fees for processing reversion to acreage maps shall be paid in accordance with subsection 9-3.008 using the number of lots existing as the basis for calculating the fees.

(Ord. No. 749, § 7.31.008)

9-31.010 Proceedings before the City Council. A public hearing shall be held before the city council on all petitions for initiation for reversion to acreage. Notice of public hearing shall be given as provided in Section 66451.3 of the Government Code. The city council may give such other notice that it deems necessary or advisable.

The city council may approve a reversion to acreage only if it finds and records in writing that:

a.

Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage and 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 of the final or parcel map was filed for record, or within the time allowed by agreement for the completion in the improvements, whichever is later; or

3.

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

c.

The city council may require as conditions of the reversion:

1.

The owners dedicate or offer to dedicate streets or easements.

2.

A retention of all or a portion of previously paid subdivision fees, deposits or improvements securities if the same are necessary to accomplish any of the provisions of this chapter.

3.

Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. No. 749, § 7.31.010; Ord. No. 1059, § 18)

9-31.012 Return of Fees, Deposits; Release of Securities. Except as provided in subsection 9-31.008 or 9- 31.010c.2, upon filing of the final map for the 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 city engineer.

(Ord. No. 749, § 7.31.012)

9-31.014 Delivery of Final Map. After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

(Ord. No. 749, § 7.31.014)

9-31.016 Effect of Filing Reversion to Acreage Map with County Recorder. Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. No. 749, § 7.31.016)

9-32 - Reserved.

9-33 - Noncomplying Property, Notice of Violation, Certificate of Compliance and Merger.

9-33.002 Noncomplying Properties.

a.

The City of Novato shall not issue any permit or grant any required approvals for development of property which has been divided, or which has resulted from division, in violation of this chapter or in violation of the Subdivision Map Act, unless a certificate of compliance has been issued pursuant to section 9-33.006.

b.

For purposes of this chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if at the time of the creation of the parcel, there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels.

c.

For purposes of this chapter, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the Subdivision Map Act or this chapter. Owners of parcels or units of land affected by the provisions of this section shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to subsection 9-33.006b. prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of the Subdivision Map Act and this chapter, as required pursuant to subdivision (a) of Section 66499.35 of the Subdivision Map Act, the presumption declared in this section shall not be operative.

d.

This limitation applies whether the applicant for such permit or approval was the owner of the property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

(Ord. No. 749, § 7.33.002; Ord. No. 938, § 14; Ord. No. 967, § 17; Ord. No. 1379, § 2)

9-33.004 Notice of Violation. Whenever any person has knowledge that real property has been divided in violation of this section or the State Subdivision Map Act, he/she shall report such violation to the community development director. After verification, it shall be the duty of the community development director to cause to be mailed by certified mail to the then current owner of record of the property, a notice of intention to record a notice of violation, describing the real property in detail, naming the owner thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the planning commission why the notice should not be recorded. The meeting shall take place no sooner than 30 days and no later than 60 days from the date of mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the community development director of his or her objection to recording the notice of violation, the community development director shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the planning commission determines that the property has in fact been illegally divided, the community development director shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. No. 749, § 7.33.004; Ord. No. 867, § 17; Ord. No. 989, § 1; Ord. No. 1059, § 19; Ord. No. 1379, § 2)