Pomona Municipal Code § 74-523 Enforcement

Footnotes:

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Editor's note— Ord. No. 4295, § 3, adopted Feb. 1, 2021, amended the Code by the addition of Div. 9, §§ 74-377—74-379; however, said provisions have been redesignated as Div. 9, §§ 74-521—74-523, at the editor's discretion, for purposes of allowing future expansion of the Code.

The city manager is hereby given authority to initiate any administrative procedures or implementation guidelines as may be necessary to implement and carry out the purpose and intent of this article. Further, the city manager may, in the implementation of this program, develop application forms and submittal requirements reasonably related to the implementation of this article.

Forms or materials needed for implementation of this article may be introduced and utilized by the city as the city manager deems may be necessary or desirable. All form changes or administrative procedures initiated by the city manager, and all administrative determinations or exercises of delegated authority by the city manager, shall be carried out in a manner consistent with, and reasonably related to, the purposes and intent of this article, the housing element and all other elements of the city's general plan, and the furtherance of state and local housing policies and goals, while respecting at all times the rights of property owners and applicants.

(Ord. No. 4295, § 3, 2-1-2021)

(a) Unless otherwise required by law, all in-lieu fees and any other funds collected under this article shall be deposited into a separate account to be designated as the City of Pomona Inclusionary Housing Fund.

(b) The moneys in the inclusionary housing fund and all earnings from investment of the moneys in the inclusionary housing fund shall be expended exclusively to provide housing affordable to extremely low-income, very low-income, low-income, and moderate-income households in the City of Pomona leveraging funds, and administration and compliance monitoring of the inclusionary housing program.

(Ord. No. 4295, § 3, 2-1-2021)

(a) The city attorney shall be authorized to enforce the provisions of this article and all affordable housing agreements, resale restrictions, deed of trust, and other requirements placed on inclusionary units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under this code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this article.

(b) Failure of any official or agency to fulfill the requirements of this article shall not excuse any applicant or owner from the requirements of this article. No permit, license, map, or other approval or entitlement for a residential development shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this article have been satisfied.

(c) The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 4295, § 3, 2-1-2021)