A. Prior to making a determination of merger and recording a notice of merger, the planning commission shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the effective parcels may be merged pursuant to the criteria set forth in Section 16.54.060, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the county on the date that notice is mailed to the property owner.

B. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning commission a request for a hearing on determination of status.

C. On receiving a request for hearing on determination of status, the planning commission shall fix a time, date, and place for a hearing to be conducted by the planning commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days following the planning commission's receipt of the owner's request therefore, but may be postponed or continued by the mutual consent of the planning commission and the property owner.

D. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Section 16.54.060. At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. A determination of non-merger may be made whether or not the affected property meets the standards and criteria for merger specified in Section 16.54.060. A determination of merger shall be effective upon recordation. The notice of merger shall specify the names of the record owners and particularly describe the real property.

E. If, within the thirty-day period specified in subsection B, the owner does not file a request for hearing, the planning commission may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded in accordance with subsection D no later than ninety days following the mailing of notice required by subsection A.

F. If, in accordance with subsections D and E, the planning commission determines that the subject property shall not be merged, it shall cause to be recorded with the recorder of the county a release of the notice of intention to determine status previously recorded, and shall mail a clearance letter to the then current owner of record. (Ord. 90-1 (part), 1990)