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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B6-19. Inspection of site.

The County Coordinator of Indian Affairs shall contact the State of California Native American Heritage Commission, and assist in contacting persons believed to be most likely descendants. Within 24 hours following receipt of information that a Native American burial site has been discovered or unearthed, the County Coordinator of Indian Affairs shall conduct inspection of the site in accordance with the provisions set forth in Public Resources Code § 5097.98. Any agreement reached in accordance with Public Resources Code § 5097.98 shall be presented to the County Engineer. The County Engineer shall issue a permit setting forth the conditions of the agreement to be met by the owner of the property.

Such conditions of the permit shall be in furtherance of the intent of this chapter and shall be formulated by a Costanoan Advisory Committee appointed by the County Board of Supervisors and consisting of three persons of Costanoan descent, two professional archaeologists with field work experience and with a degree in archaeology or anthropology from an accredited college or university, and one person with a background in civil engineering. In appointing the Costanoan Advisory Committee, the Board shall select the Costanoan descendant representatives from among individuals nominated by organizations comprised of persons descended from Costanoan Native Americans. In [Any] policies formulated by the Costanoan Advisory Committee must be based upon a consensus of opinion of the "most likely descendants" in accordance with Public Resources Code § 5097.98, and may include but are not limited to methods to be used for reburial or removal of the remains, approval of construction over the site and authorization for archeological examination of the site, including the recording of data in the field in the event of removal, the types of laboratory analysis which may be performed. Unless expressly authorized by the Board of Supervisors, no project may be delayed longer than ten calendar days following the date of initial inspection by the County Coordinator of Indian Affairs. No fee may be charged for issuance of a permit under this section.

The County Coordinator of Indian Affairs shall maintain a record of the location of burial sites for which a permit has been issued, and a copy of the record shall be furnished to the State of California Native American Heritage Commission. Such sites may not be reopened or otherwise disturbed except as expressly provided for under state law or as authorized by the Board of Supervisors.

(Ord. No. NS-508.2, § 3, 10-7-75; Ord. No. NS-508.3, § 1, 8-11-87)

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