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

Monterey, California 93942-0085

                                                                                                                                                                                                                                                                                               

NOTICE OF NON-COMPLIANCE

WITH WATER CONNECTION 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}:

 

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