If the community development department has knowledge that property has been divided in violation of the provisions of this title 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(s), describe the violation and state that an opportunity will be given to the owner(s) to present evidence. The notice shall also contain an explanation of why the subject parcel is not lawful under subsection (a) or (b) of section 66412.6 of the subdivision map act. The notice shall contain the date, time and place for a meeting at which time the owner(s) may present evidence to the community development director, serving as advisory agency for this purpose, why a notice of violation should not be recorded.
The meeting shall take place no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If the owner(s) of the property fails, within fifteen (15) days after receipt of a notice of violation, to inform the community development director in writing of objection to recording of the notice, the director shall record the notice of violation with the county recorder. If, after the owner(s) have presented evidence, it is determined that there has been no violation, the director shall mail a clearance letter to the current owner of record. If, however, after the owner(s) have presented evidence, the director determines that the property has in fact been illegally divided, the director shall record the notice of violation with the county recorder. (Ord. 2000-05, 4-25-2000)