Part 4 — ADMINISTRATION AND ENFORCEMENT

B9941 - MONITORING OF COMPLIANCE.

The voluntary workforce housing incentive program guidelines may, and each voluntary workforce housing incentive program agreement shall, include provisions for the monitoring by the City of each residential project and each voluntary workforce housing incentive program unit for compliance with the terms of this Chapter, the voluntary workforce housing incentive program guidelines, and the applicable voluntary workforce housing incentive program agreement. Such provisions shall require annual compliance reports to be submitted to the City by the owner and the City shall conduct periodic on-site audits to ensure compliance with all applicable laws, policies, and agreements. The developer and voluntary workforce housing incentive program unit owners or tenants are required to cooperate with the City in promptly providing all information requested by the City in monitoring compliance with program requirements. (Ord. No. 1491, Sec. II, 9-4-18)

B9942 - ADMINISTRATIVE PROCEDURES.

The City Manager may promulgate and amend voluntary workforce housing incentive program guidelines for the implementation and administration of all aspects of this Chapter. (Ord. No. 1491, Sec. II, 9-4-18)

B9943 - ENFORCEMENT.

(a)

Violation. Any violation of this Chapter, any development approval or entitlement issued pursuant to any provisions of this Code, or the terms of any voluntary workforce housing incentive program agreement entered into pursuant to this Chapter constitutes a misdemeanor and is deemed a public nuisance.

(b)

Forfeiture of funds. Any individual who sells a voluntary workforce housing incentive program unit in violation of this Chapter shall be required to forfeit to the City any money and other consideration received for the unit in excess of the affordable housing cost at such time. Any individual who rents out a voluntary workforce housing incentive program unit in violation of this Chapter shall be required to forfeit to the City all money and other consideration received for the unit so obtained. Recovered funds shall be deposited into the voluntary workforce housing incentive program fund.

(c)

Legal actions. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Chapter, including actions:

(1)

To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, development approval or discretionary approval; and

(2)

To recover any funds or other consideration due under Section 9943(b); and

(3)

To enforce this Chapter by means authorized by this Chapter, by the Tustin City Code, and/or by State or Federal law; and

(4)

For injunctive relief or damages.

(d)

Recovery of costs. In any action to enforce this Chapter, or a voluntary workforce housing incentive program agreement approved hereunder, the City shall be entitled to recover its reasonable attorney's fees and costs. (Ord. No. 1491, Sec. II, 9-4-18)