Fairfax Municipal Code Ch. 16.48 Notice of Violation

The purpose of this chapter is to provide for notice of violation of provisions of this title.

(Prior Code, § 16.13.010) (Ord. 670, passed - -1998)

(A) Whenever the Planning Director finds that any real property has been divided, or any boundary line of any parcel relocated, in violation of this chapter, the Director shall cause to be mailed, by certified mail to the then current owner of record of the property, a notice of intent to record a notice of violation.

(B) The tentative notice of violation shall contain the following:

(1) Property description. A description of the real property;

(2) Record owner. The name(s) and address(es) of the owner(s) of record;

(3) Violation. A description of the violation(s) alleged;

(4) Explanation. An explanation as to why the subject parcel is not lawful under the relevant provisions of this chapter and the Cal. Gov’t Code §§ 66410 et seq.; and

(5) Notice of meeting. A time, date and place where the Planning Director will conduct a meeting to consider the violation(s) of this chapter.

(Prior Code, § 16.13.020) (Ord. 670, passed - -1998)

Within 15 mailing days of receipt of the tentative notice of violation described in § 16.48.020, the property owner of record shall inform the director in writing of any objection to the recordation of a notice of violation. Failure to so inform the Planning Director shall result in a notice of violation being recorded with the County Recorder pursuant to § 16.48.050.

(Prior Code, § 16.13.030) (Ord. 670, passed - -1998)

(A) The meeting described in § 16.48.020 shall be conducted no less than 30 days, and no more than 60 days, after the mailing of the tentative notice of violation.

(B) At the meeting the owners of the property shall be given the opportunity to present any evidence relevant to show why a notice of violation should not be recorded.

(Prior Code, § 16.13.040) (Ord. 670, passed - -1998)

After the owner has had the opportunity to present evidence at the meeting, the Planning Director shall take either of the following actions:

(A) Clearance letter. Determine that there has been no violation and mail a clearance letter to the then current owner of record; or

(B) Notice of violation. Determine that the property has in fact been illegally divided and record a notice of violation with the County Recorder.

(Prior Code, § 16.13.050) (Ord. 670, passed - -1998)

The provisions of this chapter do not limit the legal remedies available to the town for violation of this title. Such remedies include, but are not limited to an action to restrain or enjoin activities inconsistent with this title or the Subdivision Map Act.

(Prior Code, § 16.13.060) (Ord. 670, passed - -1998)