HomeMy WebLinkAbout1995-11-14; City Council; NS-328; CMC 20.48.020 amend - Subdivision map act violation notice recordation...L
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ORDINANCE NO. NS- 328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER 20.48, SECTION 20.48.020 OF THE CARLSBAD MUNICIPAL CODE TO AMEND PROVISIONS RELATING TO RECORDATION OF THE NOTICE OF INTENT TO RECORD NOTICE OF VIOLATION OF THE SUBDIVISION MAP ACT
The City Council of the City of Carlsbad, Californi
hereby ordain as follows:
SECTION I: That Title 20, Chapter 20.48 of the Ca
Municipal Code is amended by the amendment of section 20.48.
read as follows:
“20.48.020 Notice of Violation Whenever the city engineer has knowledge that property has been divided in violation of the provisions 1 Subdivision Map Act or of city ordinances enacted pursuant th the city engineer shall cause to be mailed by certified mail owner of the real property a notice of intention to record a of violation, describing the real property in detail, nami owners thereof, describing the violation, and an explanation the parcel is not lawful under subdivision (a) or (b) of Gove
Code section 66412.6, and stating that an opportunity will be to the owner to present evidence. The notice shall specify E date and place at which the owner may present evidence to th engineer why such notice should not be recorded. The date sk not less than 30 days and not more than 60 days from the d mailing. If, after the owner has presented evidence, th engineer determines that there has been no violation, th engineer shall forthwith mail a clearance letter to the ownel however, after the owner has presented evidence, the city er determines that the property has in fact been illegally divic if within fifteen days of receipt of a copy of such noti owner of such real property fails to inform the city engir his or her objection to recording the notice of violation, tl engineer shall record the notice of violation with the recorder. The notice of violation, when recorded, shall be to be constructive notice of the violation to all success interest in such real property.”
EFFECTIVE DATE: This ordinance shall be effective
days after its adoption, and the City Clerk shall certi
adoption of this ordinance and cause it to be published at
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once in a newspaper of general circulation in the City of Ca:
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting (
Carlsbad City Council on the 7th day of NOVEMBER 1
and thereafter
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the 14th day of NOVEME
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall
NOES: None
ABSENT : Council Member Finnila
APPROVED AS TO FORM AND LEGALITY
i
L R NALD Re B.ALL,
(2.
city
rsrcuLe Attorney
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ATTEST :
Z, City Clerk
nt City Clerk
1