A. The provisions of this chapter shall apply to all developers and their agents, successors and assigns proposing a residential development governed by this chapter. No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project which is not exempt and does not meet the requirements of this chapter. This chapter shall be administered in accordance with administrative policies and procedures adopted by the city council and amended from time to time. The administrative policies and procedures may address policies and procedures such as the process for random drawings and waiting lists to select renters and homebuyers, documentation of employment and residence eligibility, annual certification and monitoring, refinancing and resale procedures, and ongoing homeowner education requirements.

B. All inclusionary units and density bonus target units shall be rented or owned in accordance with this chapter.

C. The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other requirements placed on inclusionary units and density bonus target units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under the Marina Municipal Code and/or any other action authorized by law or by any regulatory document, restriction or agreement executed under this chapter. The city shall be entitled to all attorneys’ fees arising out of any action or proceeding to ensure compliance.

D. Any individual who sells or rents an inclusionary or density bonus target unit in violation of the provisions of this chapter shall be required to forfeit all monetary amounts so obtained. Any individual who violated the terms of this chapter or any regulatory agreement may be forced to vacate or sell the unit to an eligible participant.

E. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 2020-07 § 2, 2020; Ord. 2006-14 § 2 (Exh. A), 2006)