§ 31-92. Hearing on determination of status.

The owner of the affected property may file a written request for a hearing with the department within thirty days after recording of the notice of intention to determine status. Upon receipt of the request, the department shall set a time, date and place for a hearing before the subdivision committee and notify the owner by certified mail. The hearing shall be conducted within sixty days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the subdivision committee and the property owner.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this article.

At the conclusion of the hearing, the subdivision committee shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department within five days of the date of the hearing.

§ 31-93. Determination of merger. [Ord. No. 1034, § 1.]

If the subdivision committee makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the department within thirty days of the conclusion of the hearing, unless the decision has been appealed. The notice of merger shall specify the name of the

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 31-93

SUBDIVISIONS

§ 31-98

record owner and a description of the property. The notice of merger under this article shall be in a form approved by the public works director and shall be approved by the public works director prior to being filed for record with the county recorder.

If the subdivision committee makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder by the department within thirty days after the subdivision committee determination, and a clearance letter shall be mailed to the owner by the department.

§ 31-94. Appeals and planning commission review. [Ord. No. 1034, § 1.]

The determination of the subdivision committee shall be appealed first to the planning commission and then to the city council in accordance with the provisions of this chapter; provided that the appeal shall be filed within ten days of the date of the notice of determination and the city council shall hear the appeal within sixty days from the date of appeal. If, after hearing, the city council grants the appeal and determines that the affected property has not been merged pursuant to this article, the department shall, within thirty days after the city council determination, file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner.

When the subdivision committee makes a determination to merge or not merge contiguous parcels or units, the department shall report any action thereof to the planning commission.

§ 31-95. Determination when no hearing is requested. [Ord. No. 1034, § 1.]

If the owner does not file a request for a hearing within thirty days after the recording of the notice of intention to determine status, the subdivision committee may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the county recorder by the department within ninety days after the mailing of the notice of intention to determine status.

§ 31-96. Request to merge by property owner. [Ord. No. 1034, § 1.]

If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive in writing the right to a hearing before the subdivision committee and to all notices required by this article. Upon receipt of such waiver, the department shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.

§ 31-97. Unmerged parcels. [Ord. No. 1034, § 1.]

Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date the conditions contained within this article cannot be met.

§ 31-98. Request for determination by owner. [Ord. No. 1034, § 1.]

Upon written application made by the owner to the community development department, the subdivision committee shall make a determination that the affected parcels have merged or are to be merged. If the subdivision committee determines that the parcels have not merged, the owner shall be so notified by the department.

If the subdivision committee determines that the parcels have merged and that they meet the requirements for unmerger, a notice of status, as approved by the public works director, shall be issued to the owner and

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 31-98

OAKDALE CITY CODE

§ 31-98

filed for record with the county recorder by the department, which shall identify each parcel and declare that they are unmerged pursuant to this article.

If the subdivision committee determines that the parcels have merged and do not meet the unmerger requirements in, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the county recorder by the department. The owner may appeal the decision of the subdivision committee as provided in this chapter.

Downloaded from https://ecode360.com/OA4108 on 2026-07-07

City of Oakdale, CA § 31-99

SUBDIVISIONS

§ 31-102