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<br />1119.02(a) APPLICATION WHERE PROPERTY IS SUBJECT TO RESTRICTIVE <br />COVENANT DEED <br />Every applicant who seeks to obtain a building permit in order to <br />construct a building, or alteration or addition to a building, upon <br />land which is subject to an executed and recorded restrictive covenant <br />deed, which contains no provisions violative of federal, state, or <br />local law or policy, shall certify to the building official the <br />following: <br />(1) Where the land is zoned "Single Family Residential" and the <br />application is for a new home construction, that the buyer of the <br />new home has been provided with a copy of the restrictive covenant <br />deed or deeds to which the land is made subject; and <br />(2) That any proposed building, or alteration or addition to any <br />building, whether residential or not, will be constructed in <br />conformity with every provision of the restrictive covenant deed <br />or deeds to which the land is made subject, and will not violate <br />any provision of such restrictive covenant deed or deeds. <br />An applicant's failure to provide the foregoing certifications, or to <br />wrongfully certify with respect to either of the foregoing matters, shall <br />be grounds for voidance of any certificate of occupancy granted with <br />respect to the subject property, in accordance with Section 1119.06 of this <br />Chapter. <br />SECTION 3: That the Clerk of Council be and she is hereby directed to <br />cause notice of a Public Hearing hereon to be given pursuant to the <br />provisions of Section 14 of ARticle IV of the Charter of the City. <br />SECTION 4: That any Ordinance or part of Ordinance inconsistent <br />with the provisions of this Ordinance shall be deemed repealed to the <br />extent of its conflict or inconsistency with this Ordinance. <br />SECTION 5: That this Ordinance shall take effect and be in force at <br />the earliest date permitted by law and the Charter of the City. <br />Passed: <br />ATTEST: <br />Florence E. Campbell, Janet A. Saringer, <br />Clerk of Council President of Council <br />APPROVED: First Reading: /o 3 ~ <br />Second Reading: o <br />Public Hearing: <br />Mayor M. Yvonne Petrigac Third Reading: <br />Committee: ~j Z n <br />Referred to Planning Commission: / <br />Report of Planning Commission: On the Planning <br />Commission re ommended to Council that this <br />Ordinance be approved disapproved. <br />2 <br />