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H. Restrictive Covenant, Annual Report, and Penalties. <br /> (1) In order to be eligible for density bonuses under this section and the Land <br /> Development Regulations, the developer shall guarantee the availability of <br /> applicable workforce housing units as either rental or owner-occupied housing <br /> for a period of at least thirty (30) years via a restrictive covenant in a form <br /> acceptable to the City Attorney for the City of Sunny Isles Beach. <br /> (2) The owner of rental Workforce Housing Unit(s) shall provide an annual <br /> report to the City Manager or designee to demonstrate that the unit rental <br /> price has remained a Workforce Housing Unit under this section. The Annual <br /> Report is due on October 1 of each year. The owner of an owner occupied unit <br /> shall obtain the consent of the City Manager or designee prior to any sale of the unit <br /> to ensure that the unit is affordable in accordance with guidelines established by <br /> Miami-Dade County. <br /> (3) This Section shall be enforceable in accordance with Chapter 14 of the City Code. <br /> Violations of this Section shall be punishable by a fine not to exceed five hundred <br /> ($500) dollars. Any continuing violation of the provisions of this Section may be <br /> enjoined in a court of law. <br /> Section 3. Severability. The provisions of this Ordinance are declared to be severable and <br /> if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to <br /> be invalid or unconstitutional, such decision shall not affect the validity of the remaining <br /> sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it <br /> being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any <br /> part. <br /> Section 4. Inclusion in the Code. Itis the intention of the City Commission, and it is hereby <br /> ordained that the provisions of this Ordinance shall become and made a part of the City of <br /> Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re- <br /> lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to <br /> "Section" or other appropriate word, as required. <br /> Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the <br /> same are hereby repealed. <br /> Section 6. Effective Date. This ordinance shall become effective upon adoption on second <br /> reading. <br /> 5 <br /> Ordinance Amending Chapter 265 Zoning to Add Section 265-39 <br />