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Item 08 - Second Reading of Zoning Ordinance Amendment No. 2021-03
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Item 08 - Second Reading of Zoning Ordinance Amendment No. 2021-03
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Agenda Packet
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Planning & Building
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1/18/2022
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(2) No person shall sell or rent an inclusionary unit to a person or persons that <br /> do not meet the income restrictions placed on the unit in accordance with this article. <br /> (3) No person shall provide false or materially incomplete information to the city <br /> or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which <br /> that person is not eligible. <br /> (i) Principal residency requirement. <br /> 1 . The owner or lessee of an inclusionary unit shall reside in the <br /> unit for not less than ten (10) out of every twelve (12) months. <br /> 2. No owner or lessee of an inclusionary unit shall lease or <br /> sublease, as applicable, an inclusionary unit without the prior permission of the executive <br /> director. <br /> Sec. 41-1907. Reserved. <br /> Sec. 41-1908. Enforcement. <br /> (a) Violation. Any violation of this article constitutes a misdemeanor. <br /> (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this <br /> article shall be required to forfeit any money in excess of the affordable housing cost at <br /> such time. Any individual who rents an inclusionary unit in violation of this article shall be <br /> required to forfeit all money so obtained. Recovered funds shall be deposited into the <br /> inclusionary housing fund. <br /> (c) Legal actions. The city may institute any appropriate legal actions or proceedings <br /> necessary to ensure compliance with this article, including actions: <br /> (1) To disapprove, revoke, or suspend any permit, including a building permit, <br /> certificate of occupancy, or discretionary approval; and <br /> (2) For injunctive relief or damages. <br /> (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing <br /> agreement recorded hereunder, the city shall be entitled to recover its reasonable <br /> attorney's fees and costs. <br /> Sec. 41-1909. Inclusionary housing fund. <br /> (a) Inclusionary housing fund. There is hereby established a separate fund of the city, <br /> to be known as the inclusionary housing fund. All monies collected pursuant to this article <br /> shall be deposited in the inclusionary housing fund. Additional monies from other sources <br /> may be deposited in the inclusionary housing fund. The monies deposited in the <br /> inclusionary housing fund shall be subject to the following conditions: <br /> (1) Monies deposited into the inclusionary housing fund must be used to <br /> increase and improve the supply of housing affordable to moderate, low, very low, and <br /> extremely low income households in the city as specified in the city's affordable housing <br /> City Council 8 — 16 ordhi*WLl©22-xxx <br /> Page 14 of 18 <br />
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