HomeMy WebLinkAbout1995-11-07; City Council; 13382; Subdivision Map Act ViolationsCIT OF CARLSBAD - AGEIrA BILL .rq
LB # a
CITY MG IEPT.
SUBDIVISION MAP ACT VIOLATIONS ITG. 11/7/9E
DEPT. HDI TITLE:
IECOMMENDED ACTION:
CA
Code section 20.48.020 regarding notices of violation of the Introduce Ordinance NO. N3-32 8 amending Carlsbad Municipal
Subdivision Map Act.
ITEM EXPLANATION
The municipal code currently contains language requiring recordation of Notices of Intent to record notices of violation of the provisions of the Subdivision Map Act. This language was required by Government Code section 66499.36, but is very infrequently utilized.
The Act requires a local government approved parcel map or subdivision map (depending on the number of lots created) where
That is to say, a larger parcel cannot be divided into several land is divided for the purposes of lease, sale, or financing.
the City. If a landowner attempts to do so, the City must follow smaller ones without first filing a subdivision map approved by
the procedures to remedy this violation.
Recently, the City Clerk's office attempted to record a Notice of
to record the document. Upon inquiry, it was discovered that the Intent pursuant to this section, and the County Recorder refused
repealed, and it is necessary to technically correct the authorization for recordation of the Notice of Intent was
ordinance to provide for the current procedure regarding a Notice of Intent. The new procedure required by amended Government Code
reason for the alleged violation and requiring objection within section 66499.36 is to send a letter notifying the owner of the
15 days, plus providing an opportunity for providing proof of no violation to the city engineer, not less than 30 nor more than 60 days after the owner receives the Notice of Intent. If the owner doesn't object within 15 days, or prove no violation within 60 days, the city engineer records the actual Notice of Violation.
This provides an opportunity for the owner to clear the matter up without the necessity of recording, and then filing a release, of the Notice of Violation.
Exhibit A, attached, shows the changes to the section in redline/strikeout format.
FISCAL IMPACT
None.
EXHIBITS
Ordinance No. /ds -
Exhibit A - Changes to CMC 520.48.020 in redline/strikeout format
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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, California does
hereby ordain as follows:
SECTION I: That Title 20, Chapter 20.48 of the Carlsbad
Municipal Code is amended by the amendment of section 20.48.020 to
read as follows:
Whenever the city engineer has knowledge that real "20.48.020 Notice of Violation
property has been divided in violation of the provisions of the
the city engineer shall cause to be mailed by certified mail to the Subdivision Map Act or of city ordinances enacted pursuant thereto,
owner of the real property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation, and an explanation of why the parcel is not lawful under subdivision (a) or (b) of Government Code section 66412.6, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place at which the owner may present evidence to the city engineer why such notice should not be recorded. The date shall be
mailing. If, after the owner has presented evidence, the city not less than 30 days and not more than 60 days from the date of
engineer shall forthwith mail a clearance letter to the owner. If, engineer determines that there has been no violation, the city
however, after the owner has presented evidence, the city engineer determines that the property has in fact been illegally divided, or
owner of such real property fails to inform the city engineer of if within fifteen days of receipt of a copy of such notice the
engineer shall record the notice of violation with the county his or her objection to recording the notice of violation, the city
recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify the
adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 7th day of NOVEMBER , 1995,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of ,
1995, by the following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
EXHIBIT A
Whenever the citv enaineer has knowledae that real “20.48.020 Notice of Violation
property has been divided in violation of the provisions of the Subdivision MaD Act or of citv ordinances enacted nursuant
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