Whenever the Director of Community Development has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, the Director of Community Development shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the Director of Community Development shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date, and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Director of Community Development shall record a release of the notice of intention to record a notice of violation with the County Recorder. If, however, after the owner has presented evidence, the Planning Commission determines that the property has in fact been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the Planning Commission of his objection to recording the notice of violation, the Director of Community Development shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
('63 Code, § 10-4.1104) (Ord. 416-C.S., passed 12-6-84)