Marin County Municipal Code Ch. 1.06 Recordation of Notice of Violation

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Editor's note— Ord. No. 3665, § II(exh. B), adopted March 14, 2017, repealed the former Ch. 1.06, §§ 1.06.010, 1.06.020, and enacted a new Ch. 1.06 as set out herein. The former Ch. 1.06 pertained to public projects and derived from Ord. 1942 § 1, 1972; and Ord. 1945 § 1, 1972.

This chapter provides a procedure by which county enforcement officials may record a notice of violation as an alternative enforcement method for any violation of this code. The remedies in this chapter are in addition to all other remedies the county may pursue and only govern enforcement actions brought pursuant to this chapter.

(Ord. No. 3665, § II(exh. B), 2017)

Failure to comply with any provision(s) of this code or any conditions imposed on any entitlement, development permit, map, or license constitutes cause for filing for the record, with the county recorder, a notice of violation and lien for the estimated permit costs, code enforcement costs and penalties. Permit costs shall consist of all application fees required for county review and processing of applications necessary to legalize the existing violation(s), code enforcement costs and penalties provided in the agency fee ordinance as adopted by the board of supervisors. Where a violation exists which is strictly prohibited by the county code and no permit process is available to legalize the violation, a lien for the costs of enforcement and a five hundred dollar penalty shall be recorded.

(Ord. No. 3665, § II(exh. B), 2017)

The enforcing agency shall verify the violation exists and shall provide a tentative notice of violation and the proposed lien to the real property owner by mail. The tentative notice of violation shall order the property owner to take corrective action within ten days of receipt of the notice, unless an extension of time is granted by the enforcing agency. If the violation is corrected within ten days or applications are submitted for permits necessary to bring the violation into conformance with this code, no further action is required, provided that permits are secured within six months of application date and work is completed within one year of the permit issuance date.

(Ord. No. 3665, § II(exh. B), 2017)

Following verification that the violation has not been corrected, the enforcing agency shall mail an intention to record a notice of violation and the proposed lien. The intention to record a notice of violation and lien shall be sent by certified mail to the current property owner of record thirty days prior to recordation of a notice of violation and lien. The notice shall specify a time, date, and place at which the property owner may present evidence to the enforcing agency as to why a final notice of violation and lien should not be recorded. The property owner may waive their right to a hearing and consent to the recordation of the notice of violation and lien by returning the notice of intention to record and completing the waiver request.

(Ord. No. 3665, § II(exh. B), 2017)

If, after the owner has presented evidence, it is determined that there is no violation, or that the violation has been eliminated and the property has been brought into compliance with code requirements, no further action by the enforcing agency shall be required. If it is determined that the violation exists, the enforcing agency shall record the notice of violation and lien of the estimated permit costs, enforcement costs and penalties with the county recorder at the end of the thirty-day notice period.

(Ord. No. 3665, § II(exh. B), 2017)

The notice of violation and lien shall specify the violation, the names of the record owners, shall describe the real property, and provide the required permit fees, enforcement costs and penalties. Upon recordation of the notice of violation and lien, it shall be deemed to be constructive notice to all successors in interest in the property that the violation(s) exists and that the property is encumbered by certain permit and code enforcement costs and penalties, as cited in the notice of violation and lien. The estimated permit costs and code enforcement costs shall be re-evaluated at the time of submittal of required applications or completion of abatement. This lien may interfere with a sale or refinance and may prevent the issuance of building permits (see Section 1.06.080).

(Ord. No. 3665, § II(exh. B), 2017)

The property owner may request the enforcing agency to release the notice of violation and lien if the violation has been eliminated, the property has been brought into compliance with this code, and the lien is satisfied. If the property is brought into compliance by submission of permit applications, the property owner is responsible for the lien amount and any additional fees required by the applicable county fee ordinance at the time of submission of the application(s).

The request for a release shall be accompanied by a recordation fee, as estimated by the county recorder, and a retainer, at an hourly rate, for the verification inspection.

The request shall be reviewed by the enforcing agency and compliance with the codes verified. Upon verification, the enforcing agency shall file a release of the notice of violation and lien for the property with the county recorder. If the violation has not been eliminated, the request shall be denied by the enforcing agency.

(Ord. No. 3665, § II(exh. B), 2017)

Applications for permits pursuant to provisions of the Marin County Code may be denied or conditionally approved if any related violation of the Marin County Code or state law is found to exist on the same property. Acceptance of an application for a permit may be withheld until the applicant has paid the county's total cost of enforcement with regard to any violation(s) sought to be resolved by the application and with regard to any related violation; and any unpaid application fees and charges relating to the same property may be required to be paid prior to issuance of a permit.

(Ord. No. 3665, § II(exh. B), 2017)

The remedies and penalties provided by this chapter shall be in addition to any other remedies and penalties provided by law.

(Ord. No. 3665, § II(exh. B), 2017)