Tiburon Municipal Code Art. 10 Notice of Violation

Whenever the director finds that any real property may have been divided, or any boundary line of any parcel relocated, in violation of this chapter, 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. Such 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 chapter and the Subdivision Map Act, specifically sections 66412.6(a) and (b); and

(e) Notice of meeting. A notice setting forth the time, date and place where the planning commission will conduct a meeting to consider the possible violation(s) of this chapter.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Within fifteen days of receipt of the tentative notice of violation described in section 14-9.901, 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.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The meeting described in section 14-9.901 shall be conducted no less than thirty days, and no more than sixty 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. No. 573 N.S., § 3, 6-7-2017)

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

(a) Clearance letter. Determine that there has been no violation and instruct the director to 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 instruct the director to record a notice of violation with the county recorder.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The decision of the planning commission may be appealed to the town council within ten days of the decision in accordance with the appeal procedures in article 6 of chapter 16.

(Ord. No. 573 N.S., § 3, 6-7-2017)

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

(Ord. No. 573 N.S., § 3, 6-7-2017)