10-1.1304 Notice of Violation.

If the City Engineer or authorized representative has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the current owner of record. The notice shall describe the property in detail,

name the owner, describe the violation and state that the owner will be given opportunity to present evidence. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the City Engineer why a notice of violation should not be recorded.

The meeting shall be held no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If, within fifteen (15) days of receipt of the notice, the owner fails to notify the City Engineer objecting to the recording of the notice of violation, the City Engineer shall record it. If, after the owner presents evidence, the City Engineer determines that the property has in fact been illegally divided, the City Engineer shall record the notice of violation. If, after the owner presents evidence, the City Engineer determines that there has been no violation, the City Engineer shall mail a clearance letter to the owner.

The notice of violation, when recorded, shall be constructive notice of the violation to all successors in interest in the property.