As provided in A.R.S. § 9-463.03, it shall be unlawful for any person, firm, corporation, partnership, association, syndicate, trust or other legal entity to offer to sell or lease, to contract to sell or lease, or to sell or lease any subdivision or part thereof until a final plat thereof, in full compliance with provisions of this chapter, is recorded in the Office of the Cochise County Recorder; except that this shall not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with any law or subdivision regulation regulating subdivision design and improvements of subdivisions in effect at the time the subdivision was established.
Whenever the City Manager or other authorized representative has knowledge that real property has been divided in violation of the provisions of this Code or the Arizona Revised Statutes, they shall cause to be filed for record with the Recorder of the County, Notice of Intention to File a Notice of Violation describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owners thereof to present evidence. At least 30 days prior to the recording of a final notice, the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date and place at which the owner may present evidence as to why such notice should not be filed with the County Recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. Upon recordation of the notice of violation, the City Manager shall direct the City Attorney to file suit against the violator to obtain corrective action.
(Ord. 743, passed 4-10-86)
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