(a) Before an individual may purchase an ADU, he or she must obtain a certificate of qualification as a certified purchaser from the Department. Before issuing a certificate of qualification, the Department shall determine that the applicant meets the annual income eligibility criteria established in Article 7 of the Zoning Ordinance.
(1) Notwithstanding criminal violations prescribed in section 6-500 of the County Zoning Ordinance, it shall be a civil violation subject to a civil penalty in the amount of $100 per day for an owner of an ADU to sell such ADU to a person who is not a certified purchaser, unless authorized by this chapter.
(2) Notwithstanding criminal violations prescribed in section 6-500 of the County Zoning Ordinance, it shall be a civil violation subject to a civil penalty in the amount of $100 per day per ADU for the owner of a rental ADU or the owner of a project or development containing rental ADUs to rent, continue to rent, or permit others to rent such an ADU to a person who has not presented to such owner the certificate of qualification as a certified tenant, unless authorized by this chapter.
(b) Before an individual may lease a rental ADU, he or she must obtain a certificate of qualification as a certified tenant from the Department. Before issuing a certificate of qualification, the Department shall determine that the applicant meets the income eligibility criteria established by Article 7 of the Zoning Ordinance. The owner/landlord shall provide annual verification to the Department that each certified tenant meets and continues to meet the income eligibility criteria.
(1) In the event a certified tenant of a rental ADU no longer meets the income eligibility criteria established by Article 7 of the County Zoning Ordinance as a result of increased income or any other factor, then such tenant must vacate the ADU at the lease term, unless a substitute ADU has been approved by the Department pursuant to section 1450.08(b)(1)E. If a comparable unit has been authorized by the Department pursuant to section 1450.08(b)(1)E., such tenant may continue to rent such unit at market rent rate.
(2) In the event the tenant of a rental ADU fails to provide certifications as required in this chapter, or falsely swears, executes or provides a certification required by this chapter knowing the statements contained therein to be false, then the lease shall automatically terminate and become null and void, and the tenant and occupant must vacate the ADU within thirty days of written notice to terminate from the owner/landlord. Notwithstanding, if a comparable unit has been authorized by the Department pursuant to section 1450.08(b)(1)E., such tenant may continue to rent the unit at market rent rate.
(c) Except in cases where an owner or certified tenant of an ADU is transferred because of U.S. military or Foreign Service temporary tours of duty, hardship tours, or in time of war, owners or certified tenants of ADUs must occupy the units as their primary domicile. Owners of ADUs must provide an annual executed affidavit certifying their continuing occupancy of the units. Owners of ADUs shall forward such affidavits to the Department on or before June 1 of each year that they own the unit. Owners of ADUs who do not occupy such ADUs as their primary domicile shall be subject to injunction or other suit, action or proceeding to require such owner to either sell the unit to someone who meets the eligibility requirements established pursuant to this chapter or to occupy such ADU as his/her primary domicile.
(1) Notwithstanding criminal violations prescribed in section 6-500 of the County Zoning Ordinance, it shall be a civil violation subject to a civil penalty in the amount of $100 per day for an owner of a not-for-rental ADU not to occupy the ADU as his/her primary domicile or to rent, continue to rent, permit others to rent or permit others to occupy such ADU after such owner does not occupy the ADU as his/her primary domicile.
(d) The civil penalties prescribed in this section shall become a lien upon the ADU; shall accumulate interest at the judgment rate of interest; and shall be enforced by the County Zoning Administrator in accordance with section 7-111, Article 7, and section 6-500 of the County Zoning Ordinance.
(Ord. 99-07. Passed 6-16-99; Ord. 19-13. Passed 7-10-19.)