If the director or city engineer has knowledge that real property
has been divided in violation of the provisions of the Map Act of
this title, a notice of intention to record a notice of violation
shall be mailed by the director 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 under Section
66412.6(a) or (b) of the Map Act. The notice shall specify the date,
time and place for a meeting at which the owner may present evidence
to the city council indicating why a notice of violation should not
be issued.
The meeting shall be held no sooner than 30 days and not later
than 60 days from the date of mailing of the notice of intention to
record a notice of violation. If, within 15 days of receipt of the
notice, the owner fails to file with the director a written objection
to recording the notice of violation, the director shall file the
notice of violation for record with the county recorder. If, after
the owner has presented evidence, the city council determines that
there has been no violation, the director shall mail a clearance letter
to the then current owner of record. If, however, after the owner
has presented evidence, the city council determines that the property
has in fact been illegally divided, the director 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. 2747 § 1, 1993)
No board, commission, officer or employee of the city shall
issue any certificate, permit or grant any approval necessary to develop
any real property within the city which has been divided, or which
resulted from a division, in violation of the provisions of the Subdivision
Map Act or this title.
(Ord. 2747 § 1, 1993)
