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(a) The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease:

(1) A division provided by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:

(A) Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are executed and maintained in all respects in compliance with the governing laws.

(B) A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings.

(2) A prior division of land as defined in Section 10.50.010.

(b) Applications for qualified exemptions shall be submitted to the planning department on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether any specific action may be exempt.

(c) Exemption may be allowed by the administrator for only those actions which do not contravene the spirit and intent of this title and applicable state statutes. (Ord. 2173, § 2 (Exh. A), 2022.)