9133.9. - Implementation and enforcement.

A.

The city council may adopt administrative guidelines to assist in implementing and administering this section.

B.

Any violation of this section constitutes a misdemeanor.

C.

The provisions of this section shall apply to all owners, developers, their agents, successors, and assigns that propose a residential development, occupy an inclusionary unit, or both. All inclusionary units shall be sold or rented in accordance with this section and any regulations and administrative guidelines adopted pursuant to this section.

D.

Any individual who sells or rents an inclusionary unit in violation of the provisions of this section, the guidelines, or the inclusionary housing agreement shall be required to forfeit to the city all monetary amounts obtained in violation of those provisions. Recovered funds shall be deposited into the inclusionary housing trust fund.

E.

The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this section, including, but not limited to:

1.

Actions to revoke, deny, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and

2.

Actions for injunctive relief or damages.

F.

In any action to enforce this section or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

(Ord. No. 18-438, § 3, 10-18-18)