Whenever the County acquires knowledge that a certain identified lot may have been
illegally created by a subdivision in violation of the Subdivision Map Act or this
Chapter, the Advisory Agency shall file for record with the County Recorder, and mail
by certified mail to the record owners of such lot, a Notice of Intention to Record
a Notice of Violation. The Notice of Intention shall give a legal description of the
lot, name the record owners thereof, describe the suspected violation, state the reasons
why it is believed that the lot is not lawful under Section 66412.6 of the Subdivision
Map Act, and state that a hearing will be held at the time, date and place stated
therein for the purpose of determining whether the lot was created by such an illegal
subdivision. The Notice of Intention shall further state that the owners may present
evidence at the hearing and that, if the preponderance of the evidence received at
the hearing shows that the lot was created by such an illegal subdivision, a Notice
of Violation respecting the lot will be recorded. The Notice of Intention shall be
mailed to the record owners not less than 30 calendar days nor more than 60 calendar
days before the hearing. The Advisory Agency shall conduct the hearing regardless
of whether the record owners appear or have responded to the Notice of Intention.
The hearing shall be informal and shall not be governed by rules of evidence applicable
to courts of law. The record owners shall have a right to present relevant evidence
at the hearing. The Advisory Agency may, but need not, receive relevant evidence presented
by persons other than the record owners. At the conclusion of the hearing, or within
a reasonable period of time thereafter, the Advisory Agency shall determine whether
the lot was created by an illegal subdivision. The determination of the Advisory Agency
shall be final and conclusive. Such determination shall be in writing and shall contain
a brief outline of the findings of fact upon which the determination is based. Such
findings of fact shall be supported by the preponderance of the evidence received
by the Advisory Agency at the hearing. If the determination is that the lot was not
created by an illegal subdivision, the Advisory Agency shall mail a clearance letter
to the current owner of record and shall file for record with the County Recorder
a Release of the Notice of Intention; provided that, if an otherwise illegal lot is
determined to be lawful solely by operation of subdivision (b) of Section 66412.6
of the Subdivision Map Act, the Release shall state that, as a condition precedent
to the issuance of any building permit or their grant of approval for development
of the lot, the owner may be required to obtain a Conditional Certificate of Compliance
for the lot and to satisfy all of the conditions thereof. If the determination is
that the lot was created by an illegal subdivision, the Advisory Agency shall file
for record with the County Recorder a Notice of Violation complying with the provisions
of Section 66499.36 of the Subdivision Map Act.
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