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17.52.120 Removal of Parking Prohibited.

          a.   If a landlord provides an on-site, off-street parking-space housing service to a tenant on or after January 1, 2004, that parking space becomes an inseparable part of the rented premises, and the landlord may not remove it during the tenancy unless the tenant consents to the removal in writing.

          b.   If a landlord removes an on-site, off-street parking space housing service from a tenancy in violation of this section:

                1.   The tenant may apply for a rent decrease by an amount commensurate with the value of the removed parking space under Section 17.44.040 for the temporary period of time during which the space is removed;

                2.   The landlord shall be subject to criminal prosecution; and

                3.   The city may bring a civil action for injunctive relief.

          c.   Nothing in this section is intended to limit a tenant’s right to a rent decrease for the loss of a parking housing service, even if the tenant consents in writing to the loss.

          d.   Nothing in this section is intended to penalize a temporary removal of a parking space reasonably necessitated by required repair or maintenance.

          e.   Nothing in this section is intended to prohibit a landlord and tenant from voluntarily agreeing to the substitution of one parking space for another at the same property.

          f.    Nothing in this section is intended to subject a landlord to criminal prosecution or a civil injunction when the removal of a parking space is necessary to comply with any government order or Section 19.36.310 of this code.

          g.   When the removal of a parking space is necessary to comply with any government order or Section 19.36.310 of this code, the landlord shall provide a one-time right of first refusal to the tenant who had their parking eliminated to obtain the next on-site, off-street parking space or spaces that are either available when the parking space is eliminated or become available following the first vacancy of a rental unit that included on-site, off-street parking. In the event that multiple tenants have their parking eliminated, the order of offering the right of first refusal to obtain on-site, off-street parking space(s) shall be based on the following order of precedence: (1) disabled tenants based on the seniority of the tenancy; (2) senior citizen tenants based on the seniority of the tenancy; and (3) seniority of the tenancy for all other tenants.

          A landlord’s failure to provide a one-time right of first refusal to obtain available parking pursuant to this subsection shall subject the landlord to all of the available remedies set forth under subsection (b) of this section.

          h.   In addition to the remedies set forth under subsection (b) of this section, violations of this section are subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code.

(Ord. 23-13 §§ 10, 11, 2023; Ord. 22-1177 § 12, 2022; Ord. 04-681 § 2, 2004)