FORM 3.1 TEMPLATE
PERMIT
VIOLATION
Recording Requested by:
Monterey Peninsula Water
Management District
And When Recorded Mail To:
Monterey Peninsula Water
Management District
Post Office Box 85
NOTICE IS GIVEN that the Monterey Peninsula Water Management District
(hereinafter referred to as the Water Management District), duly formed as a
water district and public entity pursuant to the provisions of law found at
Statutes of 1977, Chapter 527, as amended (found at West’s California Water
Code Appendix, Chapters 118-1 to 118-901), finds the real property referenced
below as “Subject Property” to be in violation of Water Management District
rules and regulations.
NOTICE IS FURTHER GIVEN that
the real property affected by this Notice of Non-Compliance is situated in the
{JURISDICTION}:
RealQuest data
{LEGAL DESCRIPTION}
ASSESSOR’S PARCEL NUMBER 000-000-000-000
This
real property is hereinafter referred to as the “Subject Property.” The Subject Property is located within the
jurisdiction of the Water Management District. {PROPERTY OWNER NAME(S)}, are record owner(s) of
the Subject Property.
NOTICE IS FURTHER GIVEN that
based upon information obtained by the undersigned within the scope and course
of his/her official duties and employment with the Water Management District,
it has been determined that the Subject Property has not complied with Water
Management District laws, rules or regulations and that Subject Property has
installed water fixtures without a permit.
The following fixtures have been added without a Water Management
District permit:
·
LIST FIXTURE, FIXTURE UNIT AND
WATER VALUE;
·
LIST FIXTURE, FIXTURE UNIT AND
WATER VALUE;
As
of the date of this document, fees and/or penalties in the amount of ${ENTER AMOUNT} are now
due and payable to the Water Management District.
This
document shall provide NOTICE of the defects referenced above and NOTICE that
Water Management District Rule 113 allows the Water Management District to
collect charges and penalties due by making the same a lien upon the real
property and collectible at the same time and in the same manner as taxes and
assessments are so collected upon such property.
NOTICE
IS FURTHER GIVEN that present and/or
future use of water at the Subject Property site is restricted by Water
Management District Rules and Regulations.
Any intensification of water use on the Subject Property, as defined by
Water Management District Rule 11, required prior written authorization and
permits from the Water Management District.
Approval may be withheld by the Water Management District, in accord
with then applicable provisions of law.
Present or future allocations of water may not be available to grant any
permit to intensify water use at this site.
If any request to intensify water use on Subject Property is approved,
connection charges, other administrative fees and other restrictions and deed
restrictions may be required as a condition of approval.
NOTICE
IS FURTHER GIVEN that because intensification of water use on Subject
Property occurred without such an authorizing permit, all water use on this
site may be subject to revocation in accord with Water Management District
Rules, which state, “Intensification of Water Use without a permit shall
provide cause for revocation by the District of all water use by any person on
that Site.” Such revocation could cause
the irrevocable extinction of any right or entitlement to water use, water use
capacity, or water credit for the Subject Property.
NOTICE
IS FURTHER GIVEN that intensification of water use on Subject Property that
occurs without the advance written approval of the Water Management District is
a violation of Water Management District Rules and may result in a monetary
penalty for each offense as allowed by Water Management District Rules. Each separate day, or portion thereof, during
which any violation occurs or continues without a good faith effort by the
responsible party to correct the violation shall be deemed to constitute a
separate offense. All water users within
the jurisdiction of the Water Management District are subject to the Water
Management District Rules, including Rules 11, 23, and 148.
This
Notice shall act as a deed restriction upon the Subject Property, and shall be
irrevocable unless Subject Property has been deemed to have complied with Water
Management District rules and regulations as determined by the General
Manager. This document shall be
enforceable by the Water Management District or any public entity that is a successor
to the Water Management District.
Evidence of compliance shall be shown by recordation of a subsequent
Notice of Compliance which has been executed by a duly authorized
representative of the Water Management District.
This
Notice is placed upon the Subject Property.
Any transfer of this property, or an interest therein, is subject to its
terms.
If any
provision of this Notice is held to be invalid, or for any reason becomes
unenforceable, no other provision shall thereby be affected or impaired.
By:
Dated:
Robert Cline, Conservation
Representative
Monterey
Peninsula Water Management District