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(a) Whenever the Community Development Director or City Engineer has knowledge that real property has been divided in violation of the provisions of this chapter or the Subdivision Map Act, he shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation (certificate of noncompliance), describing the real property in detail, naming the owners thereof, describing, the violation, and stating that an opportunity will be given to the owner to present evidence.
(b) The notice, specifying a time, date, and place at which the owner may present evidence to the Community Development Director and why the notice of violation should not be recorded, shall be mailed to the owner.
(c) If, after the owner has presented evidence, the Community Development Director determines there has been no violation, a release of the notice of intention to record a notice of violation shall be recorded with the County Recorder. If, however, the Community Development Director determines that there has been a violation, or if, within sixty (60) days after the receipt of such copy, the owner of real property fails to inform the Community Development Director of his objection to recording the notice of violation, the notice of violation shall be recorded with the County Recorder.
(d) The notice described in this section shall be deemed to be constructive notice, when recorded, of the violation to all successors in interest of the property.
(Ord. 744-NS, eff. April 17, 1980)