HomeMy WebLinkAbout1995-11-14; City Council; 13394; Subdivision Map Act ViolationsCFY OF CARLSBAD - AGEWA BILL
LB i? TITLE: ADOPTION OF ORDINANCE NO. NS-328 -
ITG. CITY ATTY -
)EPT. CITY MGR. -
11/14/9 REGULATIONS REGARDING SUBDIVISION
MAP ACT VIOLATIONS
IECOMMENDED ACTION:
Adopt Ordinance No. NS-328, amending Title 20 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.
ITEM EXPLANATION
meeting of November 7, 1995. The second reading allows Council Ordinance No. NS-328 was introduced at the regular City Council
thirty days. The City Clerk will have the ordinance published to adopt the ordinance which would then become effective in
within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 13,382 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-328.
I
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
SUBDIVISION MAP ACT INTENT TO RECORD NOTICE OF VIOLATION OF THE
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 Subdivision Map Act or of city ordinances enacted pursuant thereto, the city engineer shall cause to be mailed by certified mail to the 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 determines that there has been no violation, the city engineer shall forthwith mail a clearance letter to the owner. If, however, after the owner has presented evidence, the city engineer determines that the property has in fact been illegally divided, 01
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
his or her objection to recording the notice of violation, the city engineer shall record the notice of violation with the count)
to be constructive notice of the violation to all successors ir recorder. The notice of violation, when recorded, shall be deemec
interest in such real property."
EFFECTIVE DATE: This ordinance shall be effective thirtl
days after its adoption, and the City Clerk shall certify the
adoption of this ordinance and cause it to be published at least
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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 14th day of NOVEMBER ,
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
ATTEST :
ETHA&@UT RANZ, City clerk
KAREN R, . KUNDTZ, stant City Clerk