If the Planning Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, a notice of intention to record a notice of violation shall be mailed by the department by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Cal. Gov’t Code § 66412.6(a) or (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the Planning Director why a notice of violation should not be recorded.

The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the department a written objection to recording the notice of violation, the department shall file the notice of violation for record with the County Recorder. If, after the owner has presented evidence, the Planning Director determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the Planning Director determines that the property has in fact been illegally divided, the department shall record the notice of violation for record with the County Recorder, but not until after the appeal period has passed, and in circumstances in which no appeal has been filed.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Formerly 23.26.009)