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O-004-17 Amending Chapter 18.48 - Special provisions of Title 18 pertaining to accessory dwelling unit regulations (7.18.17)
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O-004-17 Amending Chapter 18.48 - Special provisions of Title 18 pertaining to accessory dwelling unit regulations (7.18.17)
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11/11/2020 4:22:12 PM
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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 />WO <br />27 <br />W <br />1. Is required to install fire sprinklers in the accessory dwelling unit if <br />the primary residence is also required to have fire sprinklers; <br />2. Is not required to install a new or separate water and sewer utility <br />connection directly between the accessory dwelling unit and the <br />utility, or to be charged a related connection fee or capacity charge. <br />3. Shall record a deed restriction as provided in Section G and obtain a <br />building permit as required by the building code as adopted and <br />amended by Chapter 15 of the Municipal Code. <br />G. DEED RESTRICTION. <br />Prior to issuance of a building permit for an accessory dwelling unit, a deed <br />restriction shall be recorded against the title of the property in the County Recorder's <br />office and a copy filed with the City Development Services Department. Said deed <br />restriction shall run with the land, and shall bind all future owners, heirs, successors, <br />or assigns. The form of the deed restriction shall be provided by the City and shall <br />provide that: <br />i. The accessory dwelling unit shall not be sold separately from the primary <br />residence. <br />ii. The unit is restricted to the approved size and attributes of this section. <br />iii. The deed restrictions run with the land and may be enforced against future <br />purchasers. <br />iv. The deed restrictions may be removed if the owner eliminates the accessory <br />dwelling unit as evidenced by the removal of kitchen facilities. <br />v. The deed restrictions shall be enforced by the Development Services <br />Director or his or her designee for the benefit of the City of Colton. Failure <br />of the property owner to comply with the deed restrictions may result in legal <br />action against the property owner and the City shall be authorized obtain any <br />remedy available to it at law or equity, including but not limited to obtaining <br />an injunction enjoining use of the accessory dwelling unit in violation of the <br />recorded restrictions or abatement of the illegal unit. <br />SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be <br />unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision <br />shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part <br />thereof. The City Council hereby declares that it would have passed each section, subsection, <br />subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) <br />or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared <br />unconstitutional, or invalid, or ineffective. <br />
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