Lincoln Municipal Code Ch. 17.72 Enforcement

(a) Except as otherwise provided in this title, the city engineer is directed to enforce these regulations and the Subdivision Map Act for all subdivisions within the city.

(b) The city attorney, on the approval of the council, shall be authorized on behalf of the city to file a suit in the Superior Court or other court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act, this title, or the conditions and terms of approval granted pursuant to this title.

(Ord. 324B §12-1, 1977)

(a) Any officer or employee of the city who has knowledge that real property has been divided in violation of the Subdivision Map Act or this title shall immediately notify the city engineer. Upon receipt of the information, the city engineer shall cause to be filed for record with the county recorder a notice of intention to record a notice of violation.

(b) The city engineer shall investigate to determine whether the Subdivision Map Act and this title have been violated as provided in this chapter. He shall submit his written report and recommendation to the council.

(Ord. 347B §5, 1978: Ord. 324B §12-2(part), 1977)

The notice of intention to record a notice of violation shall describe the real property in detail, name the owner thereof, describe the violation, and state that an opportunity will be given the owner to present evidence. Upon recording, a copy of this notice shall be mailed to the owner of the property.

(Ord. 347B §6, 1978: Ord. 324B §12-2.1, 1977)

No permits for use, construction or other purpose shall be issued for the real property pending a decision on the matter.

(Ord. 324B §12-3.2, 1977)

The council shall set a hearing on the question of whether or not there has been a division of land in violation of this title or the Subdivision Map Act and whether a final notice of violation shall be recorded in the office of the county recorder.

(Ord. 324B §12-3(part), 1977)

At least three days prior to the hearing, notice of the hearing shall be mailed to the property owner. The notice shall contain a description and location of the property involved, a description of the violations, and statements that a finding of violation may result in the filing of a final notice of violation which will be constructive notice of such violation to subsequent purchasers of the property, and that a finding or violation may result in the institution of civil and criminal actions. The notice shall specify the time, date and place of the hearing and advise the property owner that he may present evidence why a final notice of violation should not be recorded.

(Ord. 324B §12-3.1, 1977)

The council shall conduct a hearing to determine whether the Subdivision Map Act and applicable ordinances adopted pursuant thereto have been violated, after first referring the matter to the commission. The council shall consider the report of the city engineer, the commission, and other city officers or officials, and evidence submitted by the property owner and other interested persons. Upon completion of the hearing the council shall determine whether the property has been divided in violation of the Subdivision Map Act and applicable local ordinances adopted pursuant thereto and, if so, whether development of the property would be contrary to the public health and safety.

(Ord. 324B §12-3.3(part), 1977)

(a) If the council determines that no violation of this title or the Subdivision Map Act has occurred, it shall cause to be filed with the county recorder a release of the tentative notice of violation, and shall cause a certificate of compliance to be filed.

(b) If the council determines that the property has been divided in violation of this title or the Subdivision Map Act, but that the development of the property would not be contrary to the public health and safety, it may grant a conditional certificate of compliance, or it may cause a final notice of violation to be recorded.

(c) If the council determines that the property has been divided in violation of this title and of the Subdivision Map Act, and that the development of the property will be contrary to the public health or safety, it shall cause a final notice of violation to be recorded.

(Ord. 324B §12-3.3(part), 1977)

A final notice of violation shall specify the findings of the council. Upon recordation of the notice of violation, no agency or department of the city shall issue any permit or grant any approval necessary to develop the property until such time as a certificate of compliance has been issued for the property.

(Ord. 324B §12-3.3(part), 1977)

Any violation of this title constitutes a misdemeanor and shall be punished as provided by law. Each day a violation of this title continues shall be considered a separate offense.

(Ord. 324B §12-4, 1977)