La Mesa Municipal Code Ch. 22.06 Enforcement

A. Notice of violation. The Director of Planning shall cause a notice of intention to record a notice of violation to be filed for record with the County Recorder whenever the City of La Mesa has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or City of La Mesa ordinances enacted pursuant thereto applicable at the time such violation occurred. Upon recording of the notice of intention to record a notice of violation the Director of Planning shall mail a copy of such notice to the owner of the real property. The notice shall specify a time, date and place at which the owner may present to the Director of Planning evidence why the notice should not be recorded. If, after the owner has presented evidence, the determination is made by the Director of Planning, or on appeal by the Planning Commission or City Council, that there has been no violation, the Director of Planning shall forthwith record a release of the notice of intention to record a notice of violation with the County Recorder. If the determination is made that there has been a violation, or if within sixty (60) days of receipt of the notice, the owner of the real property fails to inform the Director of Planning of the owner's objection to recording of the notice of violation, the Director of Planning shall record a notice of violation with the County Recorder. 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 real property.

A notice of violation shall include a description of the property, the names of the owners of the property and a description of the violation. A notice of intention to record a notice of violation shall also indicate that an opportunity will be given to the owner to present evidence.

B. Development permits and approval to be withheld. No building permit, grading permit, nor any other permit shall be issued, nor any approval granted, that is necessary to develop any real property which has been divided in violation of the provisions of the Subdivision Map Act or City of La Mesa ordinances enacted pursuant thereto applicable at the time such violation occurred unless the Director of Planning finds that the development of the property is not contrary to the public health or safety and issues a certificate of compliance pursuant to the provisions of Section 22.06.010 C. The authority to deny such a permit or such approval shall apply whether the applicant was the owner of record of the property at the time of the violation, or whether the applicant is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the property with or without actual or constructive knowledge of the violation at the time of acquisition of interest in the property.

C. Certificate of compliance.

1. Any owner of real property, or a vendee of such owner pursuant to a contract of sale of the real property, may request in writing that a determination be made as to whether the property complies with the provisions of the Subdivision Map Act and City of La Mesa ordinances enacted pursuant thereto. The request shall be accompanied by a fee determined by City Council resolution. The Director of Planning, within fifty (50) days after receipt of such a request, shall make the determination and cause a certificate of compliance to be filed for record with the County Recorder. If the property does not comply with the Subdivision Map Act and City of La Mesa ordinances enacted pursuant thereto, such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest in the property may be imposed by the Director of Planning as a condition to granting a certificate of compliance. Where the applicant was the owner of record at the time of the initial violation of the provisions of the Subdivision Map Act or City of La Mesa ordinances enacted pursuant thereto, who by a grant of the real property created a parcel or parcels in violation of the Subdivision Map Act and City of La Mesa ordinances enacted pursuant thereto, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of the Subdivision Map Act or City of La Mesa ordinances enacted pursuant thereto, then the Planning Department may impose such conditions as would be applicable to a current division of property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of the property is issued by the City of La Mesa. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of property described therein.

2. Any parcel of land created prior to March 4, 1972, by an approved City of La Mesa Split Lot Plat, an approved County of San Diego Proposed Division of Land Plat, or by grant deed recorded prior to March 4, 1972, shall be presumed legally created. Owners of such parcels shall be required to obtain a certificate of compliance prior to the issuance of a building permit. A certificate of compliance shall only be issued after the City has been assured that all dedications, improvements, or liens have been guaranteed and that a suitable building area is available on the parcel. All pertinent fees for a certificate of compliance shall apply.

D. Notice of Merger. Whenever the Director of Planning has knowledge that either one of two contiguous parcels or units is not developed with a building for which a permit has been legally issued or is a legal non-conforming building, then such lots shall be merged pursuant to this ordinance. Two contiguous properties or units held by the same owner which do not conform to City of La Mesa Specific Plan of Zoning minimum requirements for lot area, width, or depth and which have a legally conforming building which is constructed over a common property line shall also be merged pursuant to this ordinance.

Whenever the Director of Planning has knowledge of the above situations or that real property has merged pursuant to the Subdivision Map Act a notice of merger shall be prepared for recordation.

1. At least (30) days prior to the recordation of the notice, the owner of the parcels to be affected by the merger shall be advised in writing by the Director of Planning of the intention to record the notice.

2. The notification of the intention to record the notice of merger shall specify a time, date, and place, at which the owner may present evidence to the Director of Planning why such notice shall not be recorded.

3. The owner shall also be provided with a copy of the notice of merger.

4. The notice of merger shall describe the real property, specify the names of the record owners and certify that the property has merged pursuant to the Subdivision Map Act for the reasons which shall be specified.

This section shall not be applicable to lots for which a certificate of compliance has been issued or which were created by a recorded map or a map filed with the City of La Mesa according to procedures in effect at the time of creation of the lots.