§ 16.20.170. Subdivision violations.

A.

Whenever the planning director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he or she shall cause to be filed for record with the county recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the planning director shall mail a copy of such notice by certified mail to the owner of such property. The notice shall specify a time, date and place at which the owner may present evidence to the city why such notice should not be recorded.

B.

If, after the owner has presented evidence, it is determined that there has been no violation, the planning director shall file a release of the notice of intention to record a notice of violation with the county recorder.

C.

If, after the owner has presented evidence, the city determines that the property has, in fact, been illegally divided, or within sixty (60) days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the city as to why the involved real property has not been illegally divided, the city shall record the notice of violation with the county recorder.

D.

The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property in the general index.

(Prior code § 9-04.170)