FORM 3.4
TEMPLATE
WATER
DISTRIBUTION SYSTEM WITHOUT A PERMIT
Recording Requested by:
Monterey Peninsula Water Management District
And When Recorded Mail To:
Monterey Peninsula Water Management District
Post Office Box 85
NOTICE OF
NON-COMPLIANCE
WITH WATER
DISTRIBUTION SYSTEM PERMIT REQUIREMENT
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):
(LEGAL DESCRIPTION OF
PROPERTY)
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)},
hereinafter referred to as Owner(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 is in violation by operating a water
distribution system without a permit.
This document shall provide NOTICE of
the defect referenced above.
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:
Monterey Peninsula Water Management
District