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16.86.080 land trusts, or housing corporations owning properties shall be exempt from this owner - occupancy requirement; and a. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. This owner -occupancy requirement may be temporarily waived for a period of not more than one (1) year if the Planning Commission finds that the owner has an unavoidable reason for absence and if the owner appoints in writing another person to occupy and take responsibility for maintaining the property. All properties approved for Accessory Dwelling Units and Junior Accessory Dwelling Units must be maintained at a level consistent with the neighborhood in which it is located. 5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property. 16.86.090 Existing Accessory or Junior Accessory Dwelling Units - Amnesty. A. Nonconforming Status. An existing Accessory Dwelling Unit or Junior Accessory Dwelling Unit that does not comply with the requirements of this Chapter shall be considered a nonconforming unit. If a property owner wishes to alter an existing nonconforming unit, the requirements of this Chapter shall apply to the proposed alteration. B. Certificate of Legalization. Record owners of an Accessory Dwelling Unit constructed before the effective date of this Chapter, who wish to legalize said units without penalty, may obtain a certificate of legalization from the Building Official by complying with the following: 1. Provide evidence to the satisfaction of the Building Official that the Accessory Dwelling Unit or Junior Accessory Dwelling Unit was constructed prior to the effective date of this Chapter. 2. Provide a plan of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit showing it does not exceed the maximum size allowed by this Chapter. 3. Provide the Building Official with a property inspection report for the Accessory Dwelling Unit from a licensed contractor, or property inspector, which report shall be subject to verification and requirements for correction of any code violations by the Department of Planning and Economic Development and/or Building Department. 4. Correct any health and safety defects in construction and comply with all applicable building, fire, health and safety codes and zoning standards in effect at the time of original construction of the Accessory Dwelling Unit or Junior Accessory Dwelling Unit to the satisfaction of the Building Official. 5. Pay all required fees.