§ 8116-11. Enforcement provisions.


Latest version.
  • (a)

    Compliance with Affordable Unit Occupancy Requirements. Throughout the restricted time periods set forth in Section 8116-9, the eligibility of a household to occupy an affordable unit must be met at initial occupancy and at any change in ownership or tenancy, including subletting, of the affordable unit. Upon request, compliance with this Article and the terms of the affordable housing agreement must be demonstrated. Upon thirty (30) days' written notice, the County may perform an audit to determine compliance with this Article and the terms of any agreement or restriction.

    b.

    Enforcement. The County or its designee has the authority to enforce the provisions of this Article, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Chapter, including recording of notices of non compliance, the County may, at its discretion, take any other enforcement action permitted by law, including those authorized by County ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the County from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 4455, § 7, 10-22-2013)