16.10 - Lot or Parcel Mergers

Two or more contiguous lots or units of land which have been subdivided under the provisions of this title or the state Subdivision Map Act shall not merge by virtue of the fact that such contiguous lots are held by

the same ownership. No further proceedings under this title shall be required for the purpose of sale, lease or financing, except as provided by this chapter.

(Adopted by Ord. 646 on 7/18/1988)

If any one of two or more contiguous lots or units held by the same owner does not conform to existing zoning regulations so as not to permit its development, and at least one lot or unit has not been developed with a building for which a building permit is required, then such parcels shall be considered as merged for the purpose of this title.

(Adopted by Ord. 646 on 7/18/1988)

Whenever the city engineer or an authorized representative has knowledge that real property has merged pursuant to this chapter, he shall cause to be filed with the county recorder a notice of merger. At least thirty days prior to recording of the notice, the owner of the parcels or units shall be advised in writing of the intention to record such notice.

The notification to the owner shall specify a time, date and place at which the owner may present evidence as to why the notice of merger should not be recorded.

The notice of merger to be recorded shall specify the names of the record owners and describe the property to be merged.

(Adopted by Ord. 646 on 7/18/1988)

Upon request of the legal owner of contiguous parcels, the city engineer may approve the merger of the property without reverting to acreage. Such request shall be in writing and shall be accompanied by such data and documents as required by the city engineer's office.

Upon approval, a notice of merger shall be filed with the county recorder and the county assessor. The form and content of the notice shall be as required by the city engineer.

In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed within ten days of written notice of the conditions to the city council in accordance with Section 16.03.080(C)(3) of this chapter.

A fee to be charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee.

(Adopted by Ord. 646 on 7/18/1988)

16.11 - Validity and Conflict

16.11.010 - Validity and Constitutionality

If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance and the city council does hereby declare that it would have adopted this ordinance and each remaining section, subsection, paragraph, subparagraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more of such sections, subsections, paragraphs, subparagraphs, sentences, clauses, or phrases to be declared invalid or unconstitutional.

(Adopted by Ord. 646 on 7/18/1988)

16.11.020 - Conflict

Whenever conflict occurs between any provision of this ordinance and any other provisions of law, the more restrictive of such provisions shall prevail.

(Adopted by Ord. 646 on 7/18/1988)