§ 6.606. Administration.

(a)

Enforcement.

Enforcement of the SCO District shall occur only when reasonable efforts have been undertaken by a Homeowners' Association or management agency or association to enforce a subdivision's deed restrictions (CC&R's-Conditions, Covenants, and Restrictions) or lease agreements on other types of residential developments and certification has been submitted to the City by a Homeowners' Association or management agency or association that the development still complies with the Fair Housing Acts. Reasonable efforts by a Homeowners' Association or management agency or association to enforce a subdivision's deed restrictions or lease agreements shall be documented as follows:

(1)

Registered letter of written notification to the resident(s) and owner(s), if different, of the unit(s) not in compliance stating the reasons for non-compliance with the subdivision's deed restrictions or lease agreements on other types of residential developments and a copy of the deed restrictions or lease agreements.

(2)

Records showing repeated efforts to enforce a subdivision's deed restrictions or lease agreement on other types of residential developments against a non-complying resident or owner.

(b)

The burden of proof and the provision of evidence supporting claims of exemption from familial status requirements of the Fair Housing Acts shall be the responsibility of the qualifying residential development. The City of Glendale, in granting SCO, does not assume responsibility for gathering initial qualifying data, nor for maintaining data that may be required to prove that the qualifying residential development meets requirements of the Fair Housing Acts on any date that an allegation of discrimination in housing is brought forth. It shall be the responsibility of the qualifying residential development to prove that the requirements of the Fair Housing Acts were met on any given date. Information provided to the City by the Homeowners' Association or management agency or associations shall include:

(1)

Verification of occupancy by reliable surveys and affidavits which shall be admissible in administrative and judicial proceedings for the purposes of such verification including the name and birth date of each occupant and the corresponding address of each unit within the SCO development.

(2)

From the list of occupants required in 6.606 b.1., provide a list of non-conforming uses in the SCO development from the effective date of SCO approval including the date the nonconforming use was established.

(3)

Information necessary to prove that the development is in compliance with the requirements of the Fair Housing Acts including documentation that policies are published and adhered to that demonstrate the intent of the Fair Housing Acts.

(c)

At all times, at least eighty (80) percent of the dwelling units shall be occupied by at least one (1) person fifty-five (55) years of age or older per unit, regardless of any legal, nonconforming rights that may exist, as required by the Fair Housing Acts.

(d)

Revocation.

Failure to comply with the conditions, stipulations or terms of the approval of an existing SCOT District, is a violation of this Ordinance and will be enforced in accordance with Section 3.800.

(Ord. No. 1896, § 2)