Whenever the city engineer has information indicating that real property has been divided in violation of the Subdivision Map Act or the Subdivision Code, he shall file for record with the county recorder a tentative notice of violation giving a legal description of the property, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence on the issue whether the property has been divided in violation of the Subdivision Map Act or the Subdivision Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon recordation of a tentative notice of violation, the city engineer shall bring the matter before the subdivision committee, which shall schedule a meeting at which evidence as to why a final notice of violation should not be recorded may be presented. The owner of the land in question shall be given at least 30 days written notice of said meeting, unless the owner requests an earlier determination. At the city engineer's discretion, the matter may be referred to the planning commission for public hearing if it is determined to be in the public interest to do so.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

If the subdivision committee determines that there has been no violation, the city engineer shall file for record a release of the tentative notice of violation with the county recorder.

(b)

If the subdivision committee determines that there has been a violation, or if within 60 days of receipt of such copy, the owner of such real property fails to inform the city engineer of his objection to recording the notice of violation, the city engineer shall file a final notice of violation with the county recorder.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A notice of violation may be released by a certificate of compliance pursuant to chapter 9.83.

(Ord. No. 98-193, §§ 1—4, 10-19-98)