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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />(ii) Exceptions. The owner -occupancy requirement in this subsection <br />(f)(7)(B) does not apply in either of the following situations: <br />(I) The JADU has separate sanitation facilities (i.e., does not <br />share sanitation facilities with the existing primary dwelling <br />unit structure). <br />(II) The property is entirely owned by another governmental <br />agency, land trust, or housing organization. <br />�8) Deed Restriction. Prior to issuance of a building permit for an JADU, a <br />deed restriction must be recorded against the title of the property in the County <br />Recorder's office and a copy filed with the Director or designee. The deed <br />restriction must run with the land and bind all future owners. The form of the deed <br />restriction will be provided by the City and must provide that: <br />(A) The JADU may not be sold separately from the primary dwelling. <br />(B) The JADU is restricted to the approved size and to other attributes <br />allowed by this section. <br />(C) The deed restriction runs with the land and may be enforced <br />against future property owners. <br />(D) The deed restriction may be removed if the owner eliminates the <br />JADU, as evidenced by, for example, removal of the kitchen <br />facilities. To remove the deed restriction, an owner may make a <br />written request of the Director, providing evidence that the JADU <br />has in fact been eliminated. The Director may then determine <br />whether the evidence supports the claim that the JADU has been <br />eliminated. Appeal may be taken from the Director's <br />determination consistent with other provisions of this Code. If the <br />JADU is not entirely physically removed, but is only eliminated by <br />virtue of having a necessary component of JADU removed, the <br />remaining structure and improvements must otherwise comply <br />with applicable provisions of this Code. <br />(E) The deed restriction is enforceable by the director or his or her <br />designee for the benefit of the City. Failure of the property owner <br />to comply with the deed restriction may result in legal action <br />against the property owner, and the City is authorized to obtain <br />any remedy available to it at law or equity, including, but not <br />limited to, obtaining an injunction enjoining the use of the JADU <br />in violation of the recorded restrictions or abatement of the illegal <br />unit. <br />fD Income Reporting. In order to facilitate the City's obligation to identify adequate <br />sites for housing in accordance with the Government Code, the following <br />requirements must be satisfied: <br />