§ 17.03.370. Deed restrictions.

A.

Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the county recorder's office and a copy filed with the city department of development services. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, successors or assigns. The form of the deed restriction shall be provided by the city and shall provide that:

1.

The junior accessory dwelling unit shall not be sold separately from the primary residence.

2.

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

3.

The deed restrictions run with the land and may be enforced against future purchasers.

4.

The deed restrictions may be removed if the owner eliminates the junior accessory dwelling unit as evidenced by removal of the kitchen facilities and provide excess to the main structure.

5.

The deed restrictions shall be enforced by the director of development services or his or her designee for the benefit of the city of Calexico. 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 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.

(Ord. No. 1181, § 2(Z207), 6-20-2018)