§ 18.152.060 — Recording Notice of Violation

A. Record Notice with County Recorder’s Office. If property in the City exists in violation of SCCC Title 18 and the owner fails or refuses to correct the violation(s), the City may record a Notice of Violation against the affected property in the County Recorder’s Office. B. City Actions before Recordation. Before recording a Notice of Violation, the City shall do all the following: 1. Mailing of Notice. a. The Director, through the City Code Enforcement Staff, shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time, in compliance with Section 18.152.100 (Recovery of Costs), below. b. The Director may, in the Director’s discretion, send more than one Notice of Violation. 2. Failure to Correct Violation. a. If the owner fails or refuses to correct the violation(s) within the specified time, the Director, through the City Code Enforcement Staff, shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation(s) in detail (including relevant City Code sections), and stating that an opportunity will be given to the owner(s) to present evidence at the hearing on the matter. b. The notice shall specify a time, date, and place for a Planning Commission hearing at which the owner may present evidence to the Planning Commission why the Notice of Violation should not be recorded. c. The Planning Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing of the Notice of Violation. 3. Planning Commission’s Actions. a. The Planning Commission shall hear the matter on the date scheduled. b. If, after the owner(s) and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner(s). c. If the owner(s) fails to appear, or the Planning Commission determines that there is a violation(s), the Planning Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder. 4. Constructive Notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors-in-interest in the property, under California Civil Code Sections 1213 and 1215. 5. Release or Cancellation of Notice of Violation. If the owner(s) corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner(s) has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.