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16.86.080 consistent with the neighborhood in which it is located. H. Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, the property owner shall file with the San Joaquin County Recorder a Deed Restriction which has been approved by the City Attorney as to its form and content as set forth in section 16.86.080 of this code. 16.86.080 Occupancy, Rental and Sale Limitations Before issuing a building permit for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit the property owner shall file with the San Joaquin County Recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: A. For an accessory dwelling unit: 1. The Accessory Dwelling Unit shall not be sold separately from the primary dwelling; and 2. The Accessory Dwelling Unit shall not be rented for a period of less than thirty (30) days; and 3. Starting January 1, 2025, for all Accessory Dwelling Units constructed after that date, the property owner shall occupy either the primary residential unit or the Accessory Dwelling Unit on the property. If neither unit is owner -occupied, then the use of the property shall revert to a single-family occupancy. However, governmental agencies, 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. 4. 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. B. For a Junior accessory dwelling unit: 1. The Junior Accessory Dwelling Unit shall not be sold separately from the primary dwelling; and 2. The Junior Accessory Dwelling Unit shall not be rented for a period of less than thirty (30) days; and 3. The Junior Accessory Dwelling Unit is restricted to the maximum size allowed per the development standards established in this chapter; and 4. The property owner shall occupy either the primary residential unit or the attached Junior Accessory Dwelling Unit. If neither unit is owner -occupied, then the use of the property shall revert to a single-family occupancy. However, governmental agencies, 7