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Item 29 - Zoning Ordinance Amendment No. 2021-03
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Item 29 - Zoning Ordinance Amendment No. 2021-03
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Agenda Packet
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Clerk of the Council
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29
Date
11/16/2021
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<br />Ordinance No. NS-XXX <br />Page 12 of 16 <br /> (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain <br />restricted to the target income level group at the applicable affordable housing cost for <br />fifty-five (55) years. <br /> <br />(2) Certification of renters. The owner of any rental inclusionary unit shall <br />certify, on a form provided by the city, the income of all members of the household above <br />the age of eighteen (18) at the time of the initial rental and annually thereafter. <br /> <br />(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this <br />article shall be required to forfeit to the city all money so obtained. Recovered funds shall <br />be deposited into the inclusionary housing fund. <br /> <br />(g) Execution and recording of documents. The executive director may require the <br />execution and recording of whatever documents are required to ensure enforcement of <br />this section; including, but not limited to, promissory notes, deeds of trust, resale <br />restrictions, rights of first refusal, options to purchase, and/or other documents, which <br />shall be recorded against all inclusionary units. <br /> <br />(h) General prohibitions. <br /> <br />(1) No person shall sell or rent an inclusionary unit at a price or rent in excess <br />of the maximum amount allowed by any restriction placed on the unit in accordance with <br />this article. <br /> <br />(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 /> <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 /> <br />(i) Principal residency requirement. <br /> <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 /> <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 /> <br />Sec. 41-1907. Reserved. <br /> <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
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