Chapter 16.38 — RECONSIDERATION OF DEFERRED IMPROVEMENT AGREEMENTS

This chapter is enacted for the purpose of enabling the board of supervisors, in its discretion, to reconsider from time to time, existing deferred improvement agreements previously required as a condition of approval of a subdivision or parcel map pursuant to this title, and to determine whether or not one or more of such

agreements and the burdens imposed upon the signatory developers and/or their respective successors in interest remain in the public interest.

(Ord. 1668 §1(part), 1996)

Upon application of a person who is an obligor under one or more existing deferred improvement agreements or, in the alternative, by the board's own motion, the board, by majority vote, may set a public hearing for the purpose of determining whether or not the subject deferred improvement agreement(s) remain(s) in the public interest.

(Ord. 1668 §1(part), 1996)

Notwithstanding any other provision of this title, notice of the public hearing set by the board pursuant to this chapter shall be pursuant to the provisions of Government Code Section 6063.

(Ord. 1668 §1(part), 1996)

If the hearing is set as a result of an application, the costs of publication of the notice shall be borne by the applicant. Failure to pay the costs of publication by the applicant prior to the date of the public hearing shall terminate the proceedings. If the hearing is set as a result of the board's own motion, the costs of publication shall be paid from such fund as the board designates.

(Ord. 1668 §1(part), 1996)

At any public hearing held pursuant to this chapter there shall be a rebuttable presumption affecting the burden of producing evidence that any deferred improvement agreement identified on the list provided by the department of public works under cover letter dated October 25, 1996, and addressed to the board of supervisors is no longer in the public interest.

(Ord. 1668 §1(part), 1996)

Upon conclusion of a public hearing held pursuant to this chapter the board shall make its finding(s). In the absence of contradictory evidence the board may rely exclusively on the presumption set forth in Section 16.38.050 to support its finding(s).

(Ord. 1668 §1(part), 1996)

Should the board, by majority vote, find that the public interest is better served by the waiver of the obligor's(s') obligations under a deferred improvement agreement than by retention of said obligations, then it shall order that the obligations shall be and are waived. The board shall then cause a document to be prepared, in proper form, therein declaring the fact of such waiver and including a reference to this chapter and thereafter cause such document to be recorded in the official records of the county of Tehama in the office of the county recorder.

(Ord. 1668 §1(part), 1996)

Chapter 16.40 - ENFORCEMENT AND PENALTIES

Sections: