Whenever the Director of Planning has knowledge that real property has been divided in violation of the provisions of this title or the Subdivision Map Act, they shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record notice of violation, describing the real property in detail, naming owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the Director of Planning why the notice should not be recorded.

The meeting shall take place no sooner than thirty days and no later than sixty days from date of mailing. If, within fifteen days of receipt of the notice, the owner of the real property fails to inform the City of their objection to recording the notice of violation, the secretary of the Planning Commission shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the Director of Planning shall mail a clearance letter to the then current owner of record. If however, after the owner has presented evidence, the secretary of the Planning Commission determines that the property has in fact been illegally divided, the Planning Commission shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. 5793-NS § 2 (part), 1987)