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16.333.070 DEED RESTRICTION

Prior to issuance of a building permit for an accessory dwelling unit or a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the Los Angeles County Recorder’s Office and a copy shall be filed with the City Clerk. Said deed restriction shall run with the land, and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:

A.     Neither the accessory dwelling unit/junior accessory dwelling unit nor the primary dwelling unit shall be sold separately.

B.     Neither the accessory dwelling unit/junior accessory dwelling unit, nor the primary dwelling unit shall be rented for a period of less than 30 days.

C.    If the accessory dwelling unit or the primary dwelling unit is rented, that the owner of the property for which an accessory dwelling unit permit shall obtaining and maintain a valid business permit pursuant to CMC Chapter 5.20, Business Permits.

D.    The unit is restricted to the approved size and attributes of this chapter.

E.     The deed restrictions run with the land and may be enforced against future owners of the property.

F.     The deed restrictions may be removed if the owner eliminates the accessory dwelling unit as evidenced by the removal of the kitchen facilities, bathroom facilities, or both.

G.    The deed restrictions shall be enforced by the Director of Community Development or his or her designee for the benefit of the City of Claremont. Failure of the property owner to comply with the deed restrictions may result in legal action against the property owner and the City shall be authorized to obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit. (20-02; 19-07)