Mountain House Municipal Code Ch. 5 Notice of Violation

The intent of this Chapter is to provide for notice of violations of provisions of this Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

Whenever the Director finds that any real property has been divided, or any boundary line of any parcel relocated, in violation of this Division, he or she 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. Said tentative Notice of Violation shall contain the following:

(a) Property Description. A description of the real property;

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

(c) Violations. A description of the violation(s) alleged;

(d) Explanation. An explanation as to why the subject parcel is not lawful under the relevant provisions of this Division and the Subdivision Map Act; and

(e) Notice of Meeting. A time, date, and place where the Director will conduct a meeting to consider said violation(s) of this Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

Within fifteen (15) mailing days of receipt of the tentative Notice of Violation described in Section 9-9-501, the property owner of record shall inform the Director in writing of his or her objection to the recordation of a Notice of Violation. Failure to so inform the Director shall result in a Notice of Violation being recorded with the County Recorder pursuant to Section 9-9-505.

(Ord. 2024-18, § 1(Exh. A), 2024)

The meeting described in Section 9-9-502 shall be conducted no less than thirty (30) days after the mailing of the tentative Notice of Violation. 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.

(Ord. 2024-18, § 1(Exh. A), 2024)

After the owner has had the opportunity to present evidence at the meeting, the 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 City of Mountain House Recorder.

(Ord. 2024-18, § 1(Exh. A), 2024)