SEC. 415.9. ENFORCEMENT PROVISIONS AND MONITORING OF PROGRAM.

   (a)   A first construction document or first Certificate of Occupancy, whichever applies, shall not be issued by the Director of DBI to any unit in the principal project until all of the affordable housing requirements of Sections 415.1et seq. are satisfied.

   (b)   If, after issuance of the first Certificate of Occupancy, the Commission or Department determines that a project sponsor has failed to comply with any requirement in Section 415.1et seq. or any reporting requirements detailed in the Procedures Manual, or has violated the Notice of Special Restrictions, the Commission, Department, or DBI may, until the violation is cured, (a) revoke the Certificate of Occupancy for the principal project or required affordable units, (b) impose a penalty on the project pursuant to Section 176(c) of this Code, and/or (c) the Zoning Administrator may enforce the provisions of Section 415.1et seq. through any means provided for in Section 176 of this Code.

   (c)   The Department shall notify MOH of any housing project subject to the requirements of Section 415.1et seq., including the name of the project sponsor and the number and location of the affordable units, within 30 days of the Department's approval of a building, or site permit for the project. MOH shall provide all project sponsors with information concerning the City's first time home-buyer assistance programs and any other related programs MOH shall deem relevant to the Inclusionary Affordable Housing Program.

   (d)   The Department shall, as part of the annual Housing Inventory, report to the Board of Supervisors on the results of Section 415.1 et seq. including, but not limited to, a report on the following items:

      (1)   The number of, location of, and project applicant for housing projects which came before the Commission for a Conditional Use Authorization or Planned Unit Development, and the number of, location of, and project applicant for housing projects which were subject to the requirements of Section 415.1et seq.;

      (2)   The number of, location of, and project sponsor for housing projects which applied for a waiver, adjustment, or reduction from the requirements of Section 415.1 et sq. pursuant to Section 406 of this Article, and the number of, location of, and project sponsor for housing projects which were granted such a waiver, adjustment, or reduction and, if a reduction, to what percentage;

      (3)   The number of, location of, and project sponsor for every housing project to which Section 415.1et seq. applied and the number of market rate units and the number of affordable on- and off-site units provided, including the location of all of the affordable units; and

   (e)   A study is authorized to be undertaken under the direction of MOH approximately every five years to update the requirements of Section 415.1et seq. MOH shall make recommendations to the Board of Supervisors and the Commission regarding any legislative changes. MOH shall specifically evaluate the different inclusionary housing requirements for developments of over 120 feet approximately five years from the enactment of the requirement or as deemed appropriate by MOH. MOH shall coordinate this report with the five-year evaluation by the Director of Planning required by Section 410 of this Article.

   (f)   Annual or Bi-annual Monitoring:

      (1)   MOH shall monitor and require occupancy certification for affordable ownership and rental units on an annual or bi-annual basis, as outlined in the Procedures Manual.

      (2)   MOH may require the owner of an affordable rental unit, the owner's designated representative, or the tenant in an affordable unit to verify the income levels of the tenant on an annual or bi-annual basis, as outlined in the Procedures Manual.

(Added as Sec. 315.8 by Ord. 37-02, File No. 001262, App. 4/5/2002; amended by Ord. 219-06, File No. 051685, App. 8/10/2006; Ord. 101-07, File No. 060529, App. 5/4/2007; Ord. 198-07, File No. 070444, App. 8/10/2007; redesignated and amended by Ord. 108-10, File No. 091275, App. 5/25/2010; amended by Ord. 312-10, File No. 100046, App. 12/23/2010; Ord. 62-13 , File No. 121162, App. 4/10/2013, Eff. 5/10/2013)

AMENDMENT HISTORY

Former division (f) deleted, former division (g) redesignated as (f); Ord. 62-13 , Eff. 5/10/2013.