[Ord. No. 1034, § 1.]
If the department has knowledge that real property has been
divided in violation of the provisions of the Subdivision Map Act
or this chapter, a notice of intention to record a notice of violation
shall be mailed by the department by certified mail to the current
owner of record. The notice shall describe the property in detail,
name the owners, describe the violation and state that the owner will
be given the opportunity to present evidence. The notice shall also
contain an explanation as to why the subject parcel is not lawful
pursuant to the Subdivision Map Act or this chapter. The notice shall
specify the date, time and place for a meeting at which the owner
may present evidence to the subdivision committee why a notice of
violation should not be recorded.
The meeting shall be held no sooner than thirty days and no
later than sixty days from the date of mailing of the notice of intention
to record a notice of violation. If, within fifteen days of receipt
of the notice, the owner fails to file with the department a written
objection to recording the notice of violation, the department shall
file the notice of violation for record with the county recorder.
If, after the owner has presented evidence, the subdivision committee
determines that there has been no violation, the department shall
mail a clearance letter to the then current owner of record. If, however,
after the owner has presented evidence, the subdivision committee
determines that the property has in fact been illegally divided, the
department shall record the notice of violation for record with the
county recorder.
The notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all successors in interest
in such property.
[Ord. No. 1034, § 1.]
Appeals of any subdivision committee action shall be made pursuant
to the provisions of this chapter.
When the subdivision committee takes any action pursuant to
this article, the department shall report any action thereof to the
planning commission.
[Ord. No. 1034, § 1.]
In addition to the remedies and procedures provided in this
chapter, any person violating any of the provisions or failing to
comply with any of the regulatory requirements of this chapter shall
be guilty of a misdemeanor. Any person convicted of a misdemeanor
under the provisions of this chapter shall be punishable by imprisonment
in the county jail not exceeding six months or by fine not exceeding
one thousand dollars or by both.
Except as otherwise provided in this chapter, each person shall
be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is
committed, continued or permitted by such person and shall be punishable
accordingly.