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CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)
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Last modified
5/31/2024 11:59:05 AM
Creation date
5/23/2024 8:49:13 AM
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Contracts
Company Name
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)
Contract #
N-2024-175
Agency
Planning & Building
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City's violations of state law as set forth in Government Code section 65585,subdivision (k). <br /> I-lCD shall offer the City two meetings in person or via telephone to discuss the violation, <br /> and shall provide the jurisdiction written findings regarding the violation prior to initiating <br /> any legal proceeding against the City. <br /> 5. Suspension of Enforcement.HCD agrees not to initiate enforcement, including the issuance <br /> of a Notice of Violation or the initiation of litigation,until and unless HCD makes a formal <br /> determination of noncompliance and the City does not within mutually agreed upon timeline <br /> not to exceed 60 days of receiving HCD's written findings commence either or both of the <br /> corrective actions set forth in Section 4.Notwithstanding the above, HCD may initiate <br /> enforcement if the City does not timely complete its obligations under Section 3. HCD will <br /> not initiate any enforcement proceeding if the City's delay is due solely to a delay in HCD <br /> review of a City submittal. <br /> 6. Timeline to Cure: The City and HCD shall complete the steps set forth in Section 3 in an <br /> amount of time that is reasonable,but no later than September 1,2024. HCD reserves the <br /> right to extend its timeline for determination of compliance as necessary. <br /> 7. Opportunity to Cure. In the event the City fails to comply with the terms of theMOU,HCD <br /> shall provide written notice identifying the term with which the City has failed to comply. <br /> The notice shall articulate the specific deficiencies in the City's analysis with supporting <br /> data, <br /> 8. Claims Extinguished and Tolling.HCD's claims against the City for AB 2011 <br /> noncompliance will be extinguished upon HCD's letter of compliance.Conversely, those <br /> same claims are tolled until such time HCD determines continued noncompliance,pursuant <br /> to the timeframes and schedule of potential actions set forth in Sections 3,4,and 6. <br /> TERM OF MOU <br /> This MOU shall take effect upon full execution by the authorized representatives of each <br /> Party and shall remain in effect until the Parties implement and comply with each milestone <br /> pursuant to the agreed-upon deadlines. <br /> AMENDMENT <br /> The Parties may amend this MOU only in and by a writing executed by each of the Parties <br /> hereto,which amendment shall be incorporated into this MOU and become effective on the <br /> date said amendment is fully executed by both Parties. <br /> NO ADMISSION OF NONCOMPLIANCE <br /> The City reserves all rights to defend its actions previously taken,when its City Council <br /> adopted Resolution No.2023-037 and the Ordinances,exempting specified parcels <br /> 7 <br />
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