Towers

FACTS AND PROCEEDINGS

Given the posture of this proceeding, we accept the complaint’s well-pleaded factual allegations as true. (Haggis v. City of Los Angeles (2000) 22 Cal.4th 490, 495- 496.) Plaintiffs’ first amended complaint alleged as follows:

A. The Property

Plaintiffs purchased the subject property, located on Peter Pan Gulch Road in Shasta County, on July 25, 2007. The property consists of five parcels covering approximately 150 acres. Approximately one and one-half acres are located within the City of Anderson. The remaining 148 acres are located within the County and are at issue here.

B. The Former Owner’s Code Violations

On April 30, 2007, nearly three months before plaintiffs purchased the property, the County Resource Management Department (RMD) sent an abatement letter to plaintiffs’ predecessor in interest regarding unauthorized Off-Highway Vehicle (OHV) use on the property, which the County characterized as a grading violation under the Shasta County Code. Although the April 2007 letter informed the prior owner that a notice of noncompliance would be recorded against the property within 30 days, the County never recorded the notice. In another…