17.69.100 Land use restriction agreement.
A. At the time of final approval of the development application the City and the developer/subdivider shall execute and record in the land records a land use restriction agreement (LURA) implementing and providing for enforcement of the affordability controls specified in this chapter. The LURA shall be a deed restriction running with the land, and binding upon the original grantor, and all successors and assigns in title. The LURA shall provide, at a minimum, the following:
1. The affordable housing units shall be leased to, and occupied by, eligible persons;
2. The affordable housing units shall be leased at rent levels affordable to eligible persons for a period of not less than fifty years from the date of the initial certificate of occupancy;
3. Subleasing of affordable units or the offering or use of affordable units as overnight accommodations is prohibited;
4. The number of affordable units shall not be reduced and shall remain at the originally approved affordability level for a period of not less than fifty years; and
5. Provisions for enforcement and monitoring of the affordability controls, including (as applicable) specific performance, damages, and an award of attorney fees and costs in the event of a violation.
B. Maintenance. The LURA shall contain provisions providing that the owner shall maintain all units in a safe, sanitary, and functional condition in accordance with the provisions of the International Property Maintenance Code, as adopted by the City, or its equivalent.
C. Recording Deed Restrictions. The LURA shall be recorded in the land records prior to the recording of the final plat or final site plan for the underlying development.
D. Monitoring. The developer/subdivider shall submit an annual report to the City or its monitoring agency identifying the affordable units, the monthly rent for each unit, vacancy information for each year for the prior year, eligibility information for tenants of each affordable unit, and other information as required by the LURA. The annual report shall contain information sufficient to determine whether tenants are eligible for affordable housing as provided by this chapter.
E. Extension of the LURA. The duration of the LURA may be extended for additional successive ten-year terms if the City Council certifies in writing at or before the expiration that there is a continuing need for affordable housing, and that it is reasonable that the affordability controls continue. In that case the the City may execute any necessary documents to give effect to this provision. (Ord. 18-20 (part), 2018)