The advisory agency, after reviewing the report submitted to it by the city department and finding that the circumstances warrant, shall:

(1) Set for hearing before the advisory agency the question of whether or not there has been a division of land in violation of the Subdivision Map Act or this chapter, and whether a notice of intention to record a notice of violation shall be recorded in the office of the county recorder. If it appears to the advisory agency that a violation has occurred, the advisory agency shall then record a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence to the city council.

Upon recording a notice of intention to record a notice of violation the advisory agency shall cause to be mailed to each owner of such real property a copy of such notice. The notice shall specify a time, date and place at which the owner may present evidence to the city council why such notice of violation should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the city council shall record a release of the notice of intention to record a notice of violation with the county recorder. If, however, after the owner has presented evidence, the city council determines that the property has in fact been illegally divided, or if within sixty days of receipt of such copy the owner of such real property fails to inform the city council of his objections to the recording of the notice of violation the city council shall record the notice of violation with the county recorder.

(2) A copy of such notice shall be delivered to the director of public works. After such delivery no permits or approval shall be issued until a final determination has been made regarding recordation of a notice of violation. The hearing before the city council shall be held no sooner than seventy-five days after the mailing of notice to the owner of such real property; provided, however, that said owner may request in writing for such hearing to be advanced to a sooner date and the city council may agree to such advancement. (Ord. No. 1305, (part).)