HomeMy WebLinkAboutReso 95-134 - Adopt the COR rules & Regulations for Implementation of the Calif Relocation Assistance Law & Property Acquisition Procedure � �
RESOLUTION N0. g5-�.3�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING
THE CITY OF REDDING RULES AND REGULATIONS FOR IMPLEMENTATION OF
THE CALIFORNIA RELOCATION ASSISTANCE LAW AND PROPERTY
ACQUISITION PROCEDURE.
BE IT RESOLVED by the City Council of the City of Redding, that:
1 . The City of Redding adopted Resolution No. 76-8 on January 19, 1976
adopting a Relocation Policy and Plan.
2. The City of Redding Rules and Regulations for Implementation of the
California Relocation Assistance Law and Property Acquisition Procedure were
developed to revise the Relocation Policy and Plan in accordance with Section 6006 of
Title 25, Chapter 6 of the California Administrative Code.
3. The City Council of the City of Redding hereby adopts the City of Redding
Rules and Regulations for Implementation of the California Relocation Assistance Law
and Property Acquisition Procedure thereby replacing the previously adopted
Relocation Policy and Plan.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a
special meeting of the City Council of the City of Redding on the 6 th day of June,
1995, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: p• Anderson, R. Anderson, NlcGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
�
DAVID A. OE, Mayo
. City of edding
�iTTE�T:
_ ,
CO�VN�E ST OiV�%Y&-IER ity Clerk \��•
FORM AP,ROVFD: �� *
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�' `" _ ��'�, �,:'--L. . \
W. LEONARD WINGAT , City Attorney ��
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CITY �F REDDING
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFOIZNIA RELOCATION ASSISTANCE LAW
AND
PROPERTY ACQUISITION PROCEDURES
DATE ADOP'TED: �(�i(/� (o, /995
.� �
� � �
CITY OF REDDING
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORIVIA RELOCATION ASSISTANCE LAW
` AND
PROPERTY ACQUISITION PROCEDURES
DATE ADOPTED:
Prepared by Pac{fic Relocatiorc CoRsultants, revised Apri11995
� � � !
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFOItNIA RELOCATION ASSISTANCE LAW AND
PROPERTY ACQUISITION PROCEDURES
TABLE OF CONI'ENTS
i. [s ioo� a�Rai. . . . . . . . . . . . . . . . . . . . . . . . . . . . i
A. [g 101 J Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. [g 102] Authority . . . . . . . . . . . . . . . . . . . . . . . . . 1
C. [g 103J Effective Date; Applicability . . . . . . . . . . . . . . . 1
D. ($ 104J Extent of Relocation Paymenta . . . . . . . . . . . . . . . 2
E. (S 105] Exception from Relocation Requirement . . . . . . . . . . . 2
F. [$ 106 J Priority of Federal Law . . . . . . . . . . . . . . . . . . 3
G. [$ 107] Severability . . . . . . . . . . . . . . . . . . . . . . . . 3
II. [$ 200] DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A. [$ 201] Acquisition . . . . . . . . . . . . . . . . . . . . . . . 4
B. ($ 202] Adequate Replacement Dwelling . . . . . . . . . . . . . . 4
C. [S 203] Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. [$ 204] Average Annual Net Earnings . . . . . . . . . . . . . . . . 4
E. [S 205J Average Monthly Income . . . . . . . . . . . . . . . . . . 4
F. [g 206) Base Monthly Rental Housing Costs . . . . . . . . . . . . . 5
G. [$ 207] Busineas . . . . . . . . . . . . . . . . . . . . . . . . . . 5
H• [S 208 J Reaerved . . . . . . . . . . . . . . . . . . . . . . . . . . 5
I. [$ 209 J City . . . . . . . . . . . . . . . . . . . . . . . 5
J. [g 210] Comparable Replacement Dwellinq . . . . . . . . . . . . . . 5
K. [� 211 J Condominium . . . . . . . . . . . . . . . . . . . . . . . 6
L. (S 212J Date of Acquisition . . . . . . . . . . . . . . . . . . . 7
M. [S 213] Decent, Safe and Sanitary Housing . . . . . . . . . . . . . 7
N. (g 214] Department . . . . . . . . . . . . . . . . . . . . . . . . . S
O. [S 215 J Diaplaced Buainesa . . . . . . . . . . . . . . . . . . . . . 8
P. [g 216j Displaced Farm Operation . . . . . . . . . . . . . . . . . . 8
4• [S 217) Department Head . . . . . . . . . . . . . . . . . . . . . . 9
R. (g 218 J Dieplaced Person . . . . . . . . . . . . . . . . . . . . . . 9
S. [g 219] Displaced Reaident . . . . . . . . . . . . . . . . . . . . . 11
T. [S 220j Dwellinq . . . . . . . . . . . . . . . . . . . . . . . . . . 11
U. [g 221] Economic Rent . . . . . . . . . . . . . . . . . . . . . . 12
V. (S 222 J Elderly Houaehold� . . . . . . . . . . . . . . . . . . . . . 12
W. (S 223j Family . . . . . . . . . . . . . . . . . . . . . . . . . . 12
X. [S 224) Farn Operation . . . . . . . . . . . . . . . . . . . . . . . 12
Y. [g 225) Federal Pro ject . . . . . . . . . . . . . . . . . . . . . . 12
Z. ($ 226] Grose Income . . . . . . . . . . . . . . . . . . . . . . . 12
AA. [g 227J Handicapped Houaehold . . . . . . . . . . . . . . . . . . 13
BB• [S 228J Initiation of Negotiationa . . . . . . . . . . . . . . . . 13
CC. (S 229) Last Reaort Housing . . . . . . . . . . . . . . . . . . . . 13
DD. [$ 230) Mobile Home . . . . . . . . . . . . . . . . . . . . . . . . 14
EE. [S 231] Mortqage . . . . . . . . . . . . . . . . . . . . . . . . 14
FF. [g 232) Nonprofit Organization . . . . . . . . . . . . . . . . . . 14
GG. [S 233 J Ownership . . . . . . . . . . . . . . . . . . . . . . . . . 14
HH. [g 234) Person . . . . . . . . . . . . . . . . . . . . . . . . . . 15
II. [S 235] Personal Property . . . . . . . . . . . . . . . . . . . . . 15
JJ. (g 236] Post-Acquiaition Tenant . . . . . . . . . . . . . . . . . . 15
KK. [g 237) Prepaid Expenses . . . . . . . . . . . . . . . . . . . . . 15
LL. [$ 238 J Public Use . . . . . . . . . . . . . . . . . . . . . . . . 15
MM. (S 239 J Small Buainese . . . . . . . . . . . . . . . . . . . . . . 16
NN. [g 240] Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . 16
� � ,
III• [S 300� RELOCATION 71DVISORY A83I3TANC8 .
A. [S 301] Adviaory Assietance to be Provided b .the•Cit. � � � � � � � 17
B. ($ 302J Information Program y y ' ' ' ' ' ' • 17
1. [S 303] General Information. � � � � � � � � � � � � � ' ' ' ' ' 18
2. (S 304) Pereonal Contact � � � � � � � � � � � � ' ' ' ' ' ' 1S
3• [S 305) Payment After Death� � � � � � � � � ' ' ' ' ' • • • • • 19
. 19
4. [S 306j Information Statement for.Relocation Asaistance� � � � , 20
5. [$ 307j Notice of Eligibility Status . � � � . 21
6. [g 308J Language of Information Material . • • � � � � � � � � . 21
7. [S 309] Method of Delivery of Informational�Material . � � � • , 22
C. [g 310j Determination of Relocation Needs � � � • . 22
1. [S 311] Interviewa . . . . . . . . . . . . . . 22
a. (S 312) Infornation�to be�Obtained from� � � � � � � � � � �
Reaidential Owner Occupants or Tenants . , 22
b. [S 313] Coordination with Other Agenciea . � � � � � . 23
c. [$ 314) Interview after Person Movea Without Notice� � � � , 23
2• (S 315] Relocation Recorde ' ' ' 23
3• (S 316] Updating Information � � � � � � � � � � � ' ' ' ' ' ' ' 24
D. [g 317] Relocation Site Office . • � � � � � � � � � � ' ' ' ' ' ' 24
E. (S 318] Contracting for Relocation Servicee� � � � � � � � � � � � . 24
F. (S 319) Coordination of Relocation Assiatance� . . . . . . . . . . . 2q
IV. [S 400J RELOCATIOK PLANS . . . . . . 25
A. [S 401J Requirements Generally . � � . � � � � � � � � ' ' ' ' ' 25
B• (S 402] Contents of Plan . . � � � � � � � � � ' ' ' ' ' ' ' ' ' 25
1. (g 403] Analysis of Replacement�Dwellinq Needa � � � � � � � � � 26
2• [S 404J Analyeie of Replacement Dwelling Reaourcee . � � � � � , 26
3. (S 405J Method of Providing Last Resort Houaing . . . . . . . . 2�
4. [S 406] Information Required . 28
C• [S 407� Review of Relocation Plan � � � � � � � � � � � � � � ' ' ' 29
D. [g 408] Conformance to General Plan� � � � � � � � � � � � � � ' ' 29
E. [S 409) Update of Relocation Plana . . . . . . . . . . . . . . . . . 29
V. [S 500 J ASSURANCE OF C01�ARABLS RgpLACE�NT DWgLI,INf38 . . 3 0
A. (g 501j Requirement Generally � � � � � � � . 30
B• [S 502) Proceduree for ldentifying Comparable.Replacement�Dwellings 30
1. [g 503] Survey of Available Replacement Dwellinge . . . . . . . 30
2• (S 504] Information To Be Obtained . . . . 30
a• [S 505j Survey Area � � � � • � � � � � � 30
b. (S 506] Grose Number of.Comparable Replacement Dwellinga . . 30
(1) . [S 507) Standard Generally . . . 30
(2) • [S 508] Uncompleted New Conetruction or�Rehabilitation 31
(3) . (g 509] Publicly Subeidized Housing . . . . . . . . . 31
c. [S 510J Adjustment for Concurrent Dieplacement . . . . . . . 32
3. [S 511] Review of Survey Resulta .
C. [g 512] Referrals of Replacement Dwellinqs � � � � � � � � � � � ' 3Z
D. [g 513] Temporary Move . . . . . � � � � � ' ' ' ' ' ' ' 32
1. [S 514j Use of Temporary Replacement Housinq � � � � � � � � � � 32
2• [S 515j Relocation Aaeiatance and Pa � � ' ' ' ' ' • • • 33
3. Ymenta . . . . . . . . . . . 33
[$ 516J Aseurancee Prior to Temporary Move . . 33
E. (S 517] Proviaion of Laat Reaort Houaing � � � � � . � � 34
1. (S 518] Authorization; Methoda • • • � � � � � � � � � � � 34
2• [S 519J Nondiecrimination; Affirmative Action• . � � � � � � � . 34
3. [S 520] Conformity with Statutea and Regulationa . . . . . . . . 35
4. (S 521] Monitoring Houaing Production . . 35
5. [S 522] Retention of Benefita Upon Move. to Last�Reeort Housing . 35
F• [S 523� Move to Subetandard Dwelling Unit . 35
G. (S 524) Waiver of Requirement for Replacement� � � � � � � � � � �
Dwelling Prior to Dieplacement . . . . . . . . . . . . . . . 36
• � �
VI. [S 600] RSLOCATION PAYMENTS TO DISPLACED RESIDENTS . . . . . . . . . . 37
A. [$ 601 J Payments Required . . . . . . . . . . . . . . . . . . . . . 37
B. [S 602] Actual Reasonable Moving Expenses . . . • • • • • • • • • • 37
C. (S 603] Alternate Payments . . 38
D. (S 604� Replacement Housing Payments for Displaced Homeowners� . . . 38
1. [S 605] Amount of Payment . . . . . . . . . . . . . . . . . . . 38
2. ($ 606� Eliqibility . . . . . . . . . . . . . . . . . . . . . . 39
3. [S 607j Computation of Replacement Housing Payment . . . . . . . 39
a. (S 608J Reasonable Cost of Comparable Replacement Dwelling . 40
b. [S 609j Increased Intereat Coet . . . . . . . . . . . . . . 40
c. [S 610J Expenae Incidental to the Purchaee of
the Replacement Dwelling . . . . . . . . . . . . . . 41
4. [S 611] Multi-Family Dwellinq . . . . . . . . . . . . . . . . . 42
5. [S 612] Homeowner Retention of Dwellinq . . . . . . . . . . . . 42
6. [$ 613j Lease of Condominium . • 42
E. [S 614] Replacement Housing Paymente for Tenante and Certain Others 42
1. [S 615 J Amount of Payment . . . . . . . . . . . . . . . . . . . 43
2. [S 616] Eligibility . . . . . . . . . . . . . . . . . . . . . . 43
3. ($ 617j Computation of Replacement Housing Payment . . . . . . . 44
a. [S 618] Rent Differential Payment . . . . . . . . . . . . . 44
b. [S 619J Downpayment . 46
4. [S 620] Rental Payments for.Displaced•Homeowners and Dependents 46
a. ($ 621 J Homeowners . . . . . . . . . . . . . . . . . . . . . 46
b. [S 622] Dependents . . . 46
F. [$ 623] Paymente to Residente•Dieplaced.from Mobile•Home . . . . . . 46
1. [$ 624] Paymenta Required . 46
2. [S 625] Movinq Expenses: Retention and Move•of Mobile•Home . . . 47
3. [S 626j Replacement Housing Payments . . . . . . . . . . . . . . 47
G. (S 627] Proration of Paymenta . . . . . . . . . . . . . . . . . . . 48
VII. [S 700J RELOCATION PAYl�NTS TO DISPLACED BUSINESSES . . . . . . . . . 49
A. [S 701] Payments Required . . . . . . . . . . . . . . . . . . . . . 49
B. [S 702 J Moving Expenaes . . . . . . . . . . . . . . . . . . . . . . 49
1. [S 703J Actual Reasonable Moving Expenaes . . . . . . . . . . . 49
2. [S 704] Actual Direct Loss of Tanqible Personal Property . . . . 52
3. [S 705J Actual Reasonable Expeneea in Searchinq for
a Replacement Buainess . . . . . . . . . . . . . . . . 53
C. (S 706] Actual Reasonable Expensea To Reestablish
A Small Buainess or Nonprofit Organization . . . . . . . . . 53
D. [S 707 J Alternate Paymente . . . . . . . . . . . . . . . . . . . . . 53
1. [S 708] Determination of Paymenta . . . . . . . . . . . . . . . 53
a. [S ?09� Amount of Payment . . . . . . . . . . . . . . . . 53
b. [S 710] Determination of Number of Businessea . . . . . . . 54
2• [S 711] Eligibility . . . . . . . . . . . . . . . . . . . . . . 54
a. [$ 712J Businesa . . . . . . . . . . . . . . . . . . . . . . 54
VIII. [S $00] CITIZEN PARTICIPATION . . . . . . . . . . . . . . . . . . . 56
A. (S 801] Requirement Generally . . . . . . . . . . . . . . . . . . . 56
B. [S 802) Relocation Committee . . . . . . . . . . . . . . . . . . 56
C. [S 803] Minimum Requirements . . . . . . . . . . . . . . . . . . . . 56
IE. [S 900] CL71IM AND PAYI�ZiT PROCEDURE8 . . . . . . . . . . . . . . . . . 58
A. ($ 901] Filinq of Claims . . . . . . . . . . . . . . . . . . . . . 58
B. [S 902j Documentation in Support of Claim . . . . . . . . . . . . . 58
1. (S 903 j Movinq Expenses . . . . . . . . . . . . . . . . . . . 58
a. [S 904] Commercial Moves . . . . . . . . . . . . . . . . . . 58
b. [$ 905 j Self Moves . . . . . . . . . . . . . . . . . . . . . 58
c. [$ 906] Exemption from Public Utilities
Commission Regulations . . . . . . . . . . . . . . . 58
2. [S 907 J Loss of Property . . . . . . . . . . . . . . . . . . . . 59
3. [S 908� Proof of Earnings . . . . . . . . . . . . . . . . . . . 59
C. [S 909) Payment of Movinq Expensea . . . . . . . . . . . . . . . . . 59
1. [S 910 J Advance Payment . . . . . . . . . . . . . . . . . . . . 59
2. [S 911 J Direct Payment . . . . . . . . . . . . . . . . . . . . . 59
• � � : .
3. [S 912] Methods Not Exclusive . . . . . . . . . . . . . . . . 59
D. [S 913] Payments for Replacement Dwellinqs . . . . . . . . . . . . 60
l. [S 914] Payment for Purchase of Comparable Replacement Dwelling 60
a. [S 915) Diabureement . . . . . . . . . . . . . . . . . . . 60
b. (S 916J Proviaional Payment Pendinq Condemnation . . . . . . 60
c. ($ 917] Certificate of Eligibility . . . . . . . . . . . . . 60
2. (S 918] Rent Differential Payments . . . . . . . . . . . . . . 61
E. [$ 919J Aesistance and Paymenta to Persons Movinq without Notice . 61
F. [$ 920J Termination of Relocation Aesistance . . . . . . . . . . . . 61
Z. [S 1000] (�RIEVANCE PROCSDURES . . . . . . . . . . . . . . . . . . . . . 62
A. [$ 1001 J Purpoae . . . . . . . . . . . . . . . . . . . . . . . . . . 62
B. [S 1002] Right of Review . . . . . . . . . . . . . . . . . . . . . 62
C. [S 1003] Informal Oral Presentation . . . . . . . . . . . . . . . 62
D. [g 1004] City Council Review . . . . . . . . . . . . . . . . . . . . 64
E. [S 1005 J Time Limits . . . . . . . . . . . . . . . . . . . . . . . . 65
F. (S 1006 J Review of Files By Claimant . . . . . . . . . . . . . . . . 65
G. [S 1007] Effect of Determination . . . . . . . . . . . . . . . . . . 65
H. [S 1008� Right to Couneel . . . . . . . . . . . . . . . . . . . . . 65
I. (S 1009] Further Review . . . . . . . . . . . . . . . . . . . . . . 65
J. ($ 1010] Severability . . . . . . . . . . . . . . . . . . . . . 66
K. ($ 1011] Application of Rules & Requlationa . . . . . . . . . . . . 66
L. ($ 1012] Amendmenta . . . . . . . . . . . . . . . . . . . . . . . 66
M. [g 1013] Joint Complainants . . . . . . . . . . . . . . . . . . . 66
N. [S 1014] Judicial Review . . . . . . . . . . . . . . . . . . . . . . 67
ZI. [S 1100] ACQUISITION PROCEDURES . . . . . . . . . . . . . . . . . . 68
A. [$ 1101J Acquisition of Property by Negotiation . . . . . . . . . 68
B. [g 1102) Appraisal of Property . . . . . . . . . . . . . . . . . 68
C. (g 1103] Notice of Decieion to Appraise . . . . . . . . . . . . . . 68
1. [S 1104 J Contents of Notice . . . . . . . . . . . . . . . . . 68
2. [S 1105] Information Statement: Property Acquiaition Procedures 69
D. [S 1106] Establishment of Just Compensation . . . . . . . . . . . . 70
E. (S 1107] Uneconomic Remnant . . . . . . . . . . . . . . . . . . . 71
F. [S 1108] Initiation of Negotiations . . . . . . . . . . . . . . . . 71
1. [g 1109j Written Offer �1
2. (S 1110� Statement of the. Baeis of•Just Compensation• . . . . . 71
G. [$ 1111 J Loes of Goodwill . . . . . . . . . . . . . . . . . . . . 72
H. (g 1112] Compensation for Lose of�Goodwill . . . . . . . . . . . . . 73
l. [S 1113] Compeneation Generally • 73
2. [S 1114� Notice of Intent to Claim Loss�of Goodwill� . . . . . . 74
3. [s 1115] Conference to Diacuaa Eliqibility to Receive
Compeneation for Lose of Goodwill . . . . . . . . . . 74
4. [S 1116) Business Records; Authorization to Negotiate . . . . . 74
5. (S 1117) Calculation of Net Amount of Just Compeneation
for Loae of Goodwill for Negotiation Purpoees . . . . . 74
6. [S 1118] Notice to Owner; Written Offer . . . . . . . . . . . . 75
7. (S 1119) Eminent Domain . . . . . . . . . . . . . . . . . . . 75
I. [S 1120] Negotiationa; Eminent Domain . . . . . . . . . . . . . . . 75
J. ($ 1121J Notice of Decision Not to Acquire . . . . . . . . . . . . . 76
K. (S 1122) Incidental. Expenses . . . . . . . . . . . . . . . . . . . . 76
L. [$ 1123] Purchase Price as Public Information . . . . . . . . . . . 77
M. (S 1124] Service of Notice . . . . . . . . . . . . . . . . . . . . . 77
EII. [S 1100] PROPSRTY MANAGEMElIT PRACTICES . . . . . . . . . . . . . . . . 78
A. ($ 1201] Short Tern Rental . . . . . . . . . . . . . . . . . . . . . 78
B. [$ 1202] Notice to Vacate . . . . . . . . . . . . . . . . . . . . . 78
C. [S 1203J Eviction . . . . . . . . . . . . . . . . . . . . . . . . . 78
D. (S 1204] Status of Post-Acquiaition Tenants . . . . . . . . . . . . 79
1. [S 1205] Notice of Status . . . . . . . . . . . . . . . . . . . 79
2. [S 1206] Notice to Vacate . . . . . . . . . . . . . . . . . . . 79
3. [S 1207] Eliqibility for Relocation Assistance and Payments . . 79
4. ($ 1208J Move from Permanent Housinq . . . . . . . . . . . . . . 80
5. [$ 1209] Service of Notice . . . . . . . . . . . . . . . . . . . 80
. ' � �
RULES AND REGULATIONS
FOR IMPLEMENTATION OF
THE CALIFORNIA RELOCATION ASSISTANCE LAW
AND
PROPERTY ACQUISITION PROCEDURES
I. [§ 100] GENERAL �
A. (§ 101] Purpose
The purpose of these Rules and Regulations is to implement the California
Relocation Assistance Law (Government Code, Section 7260, et seq.) and establish,
acquisition procedures.
The Rules and Regulations are designed to carry out the following policies ofi the
Relocation Assistance Law with respect to activities of the City:
1 . To ensure that uniform, fair and equitable treatment is afforded persons
displaced from their homes or businesses as a result of the actions of the
City, in order that such persons shall not suffer disproportionate injury as
a result of action taken for the benefit of the public as a whole; and
2. In the acquisition of real property by the City, to ensure consistent and
fair treatment for owners of real property to be acquired, to encourage
and expedite acquisition by agreement with owners of such property in
order to avoid litigation and relieve congestion in courts, and to promote
confidence in public land acquisition.
B. [§ 102] Authority
These Rules and Regulations have been adopted by resolution of the City pursuant
to Section 7267.81a) of the California Government Code, and are in conformity with
the Relocation Assistance Law and the Relocation Assistance and Real Property
Acquisition Guidelines adopted by the Department of Housing and Community
Development; Title 25 Code of Regulations, Section 6000 et. seq. (the "Guidelines").
- 1 -
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C. [§ 103] Effective Date; Applicability
The effective date of these Rules and Regulations shall be the date of their
adoption by the City. These Rules and Regulations shall be applicable to all
displacement and acquisition occurring after their adoption by the City.
These Rules and Regulations supersede all other Rules and Regulations for
Relocation previously adopted by the City provided, however, that these Rules and
Regulations shall not be construed to apply retroactively to actions undertaken by the
City prior to their adoption.
In the event there are conflicts between these rules and Regulations and the
relocation and property acquisition state laws and guidelines and eminent domain laws
(the "State Laws") as they currently exist or as they may be amended, the State Laws
shall take precedence and City staff is authorized to automatically, without further
approval of the Agency Board, amend these Rules and Regulations accordingly.
D. [§ 104] Extent of Relocation Payments
The City shall provide relocation assistance and shall make all of the relocation
payments required by law, including the making of such payments for projects
financed by the federal government. In addition, the City may make any additional
relocation payments which in the City's opinion may be reasonably necessary under
the circumstances of the particular case to carry out the purposes of a project. Such
payments shall be subject to the availability of funds for such purposes.
E. [§ 105] Exception from Relocation Requirement
The requirement to provide relocation assistance and benefits shall not apply to
a purchase of real property which is offered for sale by the owner, property being sold
at execution or foreclosure sale, or property being sold pursuant to court order or
under court supervision if the property in any of the foregoing situations is either
occupied by the owner or is unoccupied, and if the offer for sale is not induced by City
disposition, planned condemnation, or redevelopment of surrounding lands, and if the
sales price is fair market value or less, as determined by a qualified appraiser, and if
no federal funds are involved in the acquisition, construction, or project development.
"Offered for sale" means either advertised for sale in a publication of general
circulation published at least once a week or listed with a licensed real estate broker
and published in a multiple listing, pursuant to section 1087 of the California Civit
Code.
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At the time of making the offer to acquire property under this Section, the City
shall notify the property owner in writing, of the following:
1 . The City's plans for developing the property to be acquired or the surrounding
property; and
2. Any relocation assistance and benefits provided pursuant to law which the
property owner may be foregoing.
F. [§ 106� Priority of Federal Law
Make any relocation assistance payment, or make any relocation assistance
payment in an amount which exceeds the maximum amount for such payment
authorized by these Rules and Regulations, if the making of such payment, or the
payment in such amount, is required under federal law, except that to the extent an
obligation to provide relocation assistance and benefits imposed by state law is not
imposed by federal law, the state law obligation to impose such obligation shall apply
to such federally funded project.
G. (§ 107] Severability
If any provision of these Rules and Regulations or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of the Rules and Regulations which can be given effect without the
invalid provision or application, and to this end, the provisions of the Rules and
Regulations are severable.
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I1. [§ 200] DEFINITIONS
A. [§ 201] Acquisition
"Acquisition" means obtaining ownership or possession of real property by
purchase, eminent domain, or any other lawful means.
B. [§ 202] Adequate Replacement Dwelling
"Adequate replacement dwelling" means a dwelling which meets all of the criteria
for a comparable replacement dwelling, except that with respect to the number of
rooms, habitable living space and type of construction the dwelling need be only
adequate, not comparable.
C. [§ 203] Appraisal
"Appraisal" means a written statement independently and impartially prepared by
a qualified appraiser setting forth an opinion of defined value of an adequately
described property as of a specific date, supported by the presentation and analysis
of relevant market information.
D. [§ 204) Average Annual Net Earnings
"Average annual net earnings" means one-half of any net earnings of a business
before federal, state and local income taxes, during the two taxable years immediately
preceding the taxable year in which such business moves from the real property being
acquired, or during such other period as the City determines to be more equitable for
establishing such earnings, and includes any compensation paid by the business to the
owner, owner's spouse or owner's dependents during such period.
The term "owner" as used herein includes the sole proprietor in a sole
proprietorship, the principal parties in a partnership, and the principal stockholders of
a corporation, as determined by the City. For purposes of determining a principal
stockholde�, stock held by a person, his or her spouse and thei� dependent children
will be treated as one unit.
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E. [§ 205] Average Monthly Income
"Average monthly income" means total annual gross income divided by twelve.
F. [§ 206] Base Monthly Rentai Housing Costs
The base monthly rental housing cost for an acquired dwelling is the lesser of the
average monthly rental paid by the displaced person for the 3 month period prior to
initiation of negotiations and 25% of the displaced person's average monthly income.
For owners, the "Economic Rent" is used instead of the average monthly rental in the
above formula. Section 221 of the regulations defines Economic Rent.
G. [§ 207] Business
"Business" means any lawful activity, except a farm operation, conducted
primarily:
1 . For the purchase, sale, lease, or rental of personal and real property, and
for the manufacture, processing, or marketing of products, commodities
or any other personal property;
2. For the sale of services to the public;
3. By a nonprofit organization; or
4. Solely for the purpose of Section 702 of these Rules and Regulations, for
assisting in the purchase, sale, resale, manufacture, processing or
marketing of products, commodities, personal property or services by the
erection-and maintenance of any outdoor advertising display, whether or
not such display is located on the premises on which any of the above
activities are conducted.
H. [§ 208] Reserved
I. [§ 209] City
"City" means the City of Redding, organized and existing under the Law of the
State of California, and any City staff, consultants, assignees, delegates and City
departments who may be assigned the duties and responsibilities for implementing the
Relocation Assistance Law pursuant to these Rules and Regulations.
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J. [§ 210] Compa�able Replacement Dwelling
"Comparable replacement dwelling" means any dwelling that is all of the
following:
1 . Decent, safe, and sanitary;
2. Adequate in size to accommodate the occupants;
3. In the case of a displaced person who is a renter, within the financial
means of the displaced person. A comparable replacement dwelling is
within the financial means of a displaced pe�son if the monthly rental
cost of the dwelling minus any replacement housing payment available
to the person does not exceed, twenty-five percent (25%) of the
person's average monthly income;
4. Comparable with respect to the number of rooms, habitable space, and
type and quality of construction. Comparability under this paragraph
shall not require strict adherence to a detailed, feature-by-feature
comparison. While a comparable replacement dwelling need not possess
every feature of the displacement dwelling the principal features shall be
present;
5. In an area not subjected to unreasonable adverse environmental
conditions;
6. In a location generally not less desirable than the location of the
displaced person's dwelling with respect to public utilities, facilities,
services, and the displaced person's place of employment;
If a dwelling which satisfies these standards is not available, the City may
consider a dwelling which exceeds them.
"Replacement Dwelling" as herein defined does not refer to "replacement dwelling
unit "as that term is used and defined in Section 33411 .2 (c) of the California
Community Redevelopment Law.
K. [§ 211] Condominium
"Condominium" means combination of co-ownership and ownership in severalty.
It is an arrangement under which persons in a housing development hold full title to
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a one-family dwelling unit, including an undivided interest in common areas and
facilities, and such restricted common areas and facilities as may be designated.
L. [§ 212] Date of Acquisition
The date on which the deed or othe� conveyance to the real property being
acquired by the City within the project area is recorded in the office of the Shasta
County Recorder, or the date on which the City is entitled to possession of the real
property pursuant to an order of the Shasta County Superior Court in an eminent
domain proceeding.
M. [§ 213] Decent, Safe and Sanitary Housing
A dwelling which meets with all the following minimum requirements. Exceptions
may be made by the City for unusual circumstances or in unique geographic areas.
1 . Conforms with all applicable provisions for existing structures that have
been constructed under state or local building, plumbing, electrical,
housing and occupancy codes and similar ordinances or regulations.
2. Has a continuing and adequate supply of potable water.
3. Has a kitchen or an area set aside for kitchen use which contains a sink
in good working condition connected to hot and cold water and to an
adequate sewage system. The kitchen or kitchen area shall have utility
service connections and adequate space for the installation of a stove
and a refrigerator.
4. Has an adequate heating system in good working order which will
maintain a minimum temperature of 70 degrees in all habitable rooms.
5. Has a bathroom, well-lit and ventilated and affording privacy to a person
within it, containing a lavatory basin and a bathtub or stall shower,
properly connected to an adequate supply of hot and cold running water,
and a flush closet, all in good working order and properly connected to
a sewage disposal system.
6. Has an adequate and safe wiring system for lighting and other electrical
services.
7. Is structurally sound, weathertight, in good repair and adequately
maintained.
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8. Has a safe unobstructed means of egress leading to safe open space at
ground level which conforms to building and fire codes.
9. Has at least one room which shall have not less than 150 square feet of
floor area. Other habitable rooms, except kitchens, shall have an area of
not less than 70 square feet. Where more than two persons occupy a
room used for sleeping purposes, the required floor area shall be
increased at the rate of 50 square feet for each occupant in excess of
two. The floor space is to be subdivided into sufficient rooms to be
adequate for the family. All rooms must be adequately ventilated.
Habitable floor space is defined as that space used for sleeping, living,
cooking, or dining purposes and excludes such enclosed places as
closets, pantries, bath or toilet rooms, service rooms, connecting
corridors, �aundries and unfinished attics, foyers, storage spaces, cellars,
utility rooms and similar spaces.
A decent, safe and sanitary sleeping room is one which includes the minimum
requirements contained in paragraph a., subparagraphs (1�, (4►, (5), (61, (7), and
(8) above and at least 70 square feet of habitable floor space for the first
occupant and 50 square feet of habitable floor space for each additional occupant.
When the term "decent, safe and sanitary" is interpreted under local, state or
federal law as establishing a higher standard, the elements of that higher standard
are incorporated herein.
A decent, safe, and sanitary mobile home is one which conforms to the
minimum requirements prescribed by State laws and rules and regulations
promulgated pursuant thereto and bears the insignia of approval issued by the
State of California, Department of Housing and Community Development.
N. [§ 214] Department
"Department" means the California Department of Housing and Community
Development.
O. [§ 215] Displaced Business
"Displaced business" means any business which qualifies as a displaced
person under Section 218 hereof.
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P. (§ 216] Displaced Farm Operation
"Displaced farm operation" means any farm operation which qualifies as a
displaced person under Section 218 hereof.
Q. [§ 217] Department Head
Department Head means that person in charge of any City Department that
will be responsible for the displacement of any individual, family, business or
non-profit organization for a public use.
R. [§ 218] Displaced Person
"Displaced Person" means both of the following:
1 . Any person who moves from real property, or who moves his or her
personal property from real property, either:
a. As a direct result of a written notice of intent to acquire or the
acquisition of the real property, in whole or in part, for a
program or project undertaken by the City or by any person
having an agreement with or acting on behalf of the City.
b. As a direct result of the rehabilitation, demolition, or other
displacing activity as the public entity may prescribe under a
program or project undertaken by the City, of real property on
which the person is a residential tenant or conducts a business
or farm operation, in any case in which the City determines
that the displacement is permanent.
For purposes of this subparagraph, "residential tenant" includes any
occupant of a residential hotel unit, as defined in Section 50669 (b) of the Health and
Safety Code, and any occupant of employee housing, as defined in Section 17008 of
the Health and Safety Code, but shall not include any person who has been
determined to be in unlawful occupancy of the displacement dwelling.
2. Solely for purposes of Sections 300, 400, 600 and 700, any person who
moves from real property, or moves his or her personal property from real
property, either:
a. As a direct result of a written notice of intent to acquire or the
acquisition of other real property, in whole or in part, on which
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the pe�son conducts a business or farm operation, for a program
or project undertaken by the City; or
b. As a direct result of the rehabilitation, demolition, or other
displacing activity as the City may prescribe under a program or
project undertaken by the City, of other real property on which
the person conducts a business or farm operation, in any case
in which the City determines the displacement is permanent.
This definition shall be construed so that persons displaced as a �esult of public
action receive relocation benefits in cases where they are displaced as a result of an ,
owner participation agreement or an acquisition carried out by a private person for or
in connection with a public use where the City is otherwise empowered to acquire the
property to carry out the public use.
Except persons or families of low and moderate income, as defined in section
50093 of the Health and Safety Code, who are occupants of housing which was made
available to them on a permanent basis by a public City and who are required to move
from the housing, a "displaced" person shall not include the following:
(1) Any person who has been determined to be in unlawful occupancy of the
displacement dwelling.
(2) Any person whose right of possession at the time of moving arose after
the date of the City's acquisition of the real property.
(3) Any person who has occupied the real property for the purpose of
obtaining assistance under these guidelines.
(4) In any case in which the public entity acquires property for a program or
project (other than a person who was an occupant for the property at the
time it was acquired), any person who occupies the property for a period
subject to termination when the property is needed for the program or
project.
Additionally, a person who is temporarily displaced for not more than 180 days,
and who is offered occupancy of a comparable replacement unit located within the
same apartment complex that contains the unit from which he or she has been
displaced, shall not be deemed a "displaced person for the purposes of these Rules
and Regulations. This exception shall apply only if all of the following conditions are
complied with:
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(1) All other fiinancial benefits and services otherwise required under these Rules
and Regulations are provided to the tenants temporarily displaced from their
units.
(2) The resident is offered the right to return to his or her original unit, with rent
for the first 12 months subsequent to that return being the lower of the
following:
(a) up to 5 percent higher than the rent at the time of displacement; or
(b) up to 25 percent of household income.
(3) The temporary unit is not unreasonably impacted by the effects of the
construction, taking into consideration the ages and physical conditions of the
members of the displaced household, and the estimated period of
displacement is reasonable.
(4) The property is a qualified affordable housing preservation project.
For the purposes of this exception, "apartment complex" means four or more
residential rental units subject to common ownership and financing that are also
located on the same or contiguous parcels; and "qualified affordable housing project"
is any complex of four or more units whose owners enter into a recorded regulatory
agreement, having a term for the useful life of the project, with any entity for the
provision of project rehabilitation financing. For this purpose, the regulatory agreement
shall require of the owner and all successors and assigns of the owner, as long as the
regulatory agreement is in effect, that at least 49 percent of the tenants in the project
shall have, at the time of the recordation of the regulatory agreement required by this
exception, incomes not in excess of 60 percent of the area median income, adjusted
by household size, as determined by the appropriate City of the State of California.
In addition, a project shall be defined as a qualified affordable housing preservation
project only if the beneficiary or the regulatory agreement elects this designation by
so indicating on the regulatory agreement.
S. [§ 219� Displaced Resident
"Displaced resident" means any individual or family occupant of a dwelling who
qualifies as a displaced person under Section 218 hereof.
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T. [§ 220] Dwelling
"Dwelling" means the place of permanent or customary and usual abode of a
person, including a single-family building, a single-family unit in a two-family dwelling,
multi-family or multi-purpose dwelling, a unit of a condominium or cooperative housing
project, a non-housekeeping unit, a mobile home or any other residential unit which
either is considered to be real property under state law or cannot be moved without
substantial damage or unreasonable cost. A �esidence need not be decent, safe and
sanitary to be a dwelling.
A second home shall be considered a dwelling only for the purpose of establishing
eligibility for payment for moving and related expenses under § 602 of these Rules and
Regulations.
U. [§ 221] Economic Rent
"Economic rent" means the amount of rent a tenant or homeowner would have
to pay for a dwelling similar to the acquired dwelling in a comparable area.
V. [§ 222] Elderly Household
"Elderly household" means a household in which the head of household or spouse
is sixty-two (62) years of age or older.
W. [§ 223] Family
"Family" means two or more individuals, one of whom is the head of household,
plus all other individuals who by blood, marriage adoption or mutual consent live
together as a family unit.
X. [§ 224] Farm Operation
"Farm operation" means any activity conducted solely or primarily for the
production of one or more agricultural products or commodities, including timber, for
sale or home use, and customarily producing such products or commodities in
sufficient quantity to be capable of contributing materially to the operator's support.
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Y. [� 225] Federal Project
"Federal project" means any direct federal project or any project receiving federal
financial assistance.
Z. [§ 226] Gross Income
"Gross income" means the total annual income of an individual, or where a family
is displaced total annual income of the parents or adult heads of household, less the
following:
(1) A deduction of S500.00 for each dependent in excess of three.
(2) A deduction of ten percent (10%) of total income for an elderly or
handicapped household.
(31 A deduction for recurring, extraordinary medical expenses, defined for
this purpose to mean medical expenses in excess of three percent (3%)
of total income, where not compensated for or covered by insurance or
other sources, such as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or sick
or incapacitated family members when determined to be necessary to
employment of the head or spouse, except that the amount deducted
shall not exceed the amount of income received by the person thus
released.
(5) Gross income is divided by twelve to ascertain the average monthly
income. Relocation and property acquisition payments are not to be
considered income for determination of financial means.
AA. (§ 227] Handicapped Household
"Handicapped household" means a household in which any member is
handicapped or disabled.
BB. [§ 228] Initiation of Negotiations
"Initiation of negotiations" means the initial written offer to purchase made by the
City to the owner of the real property to be purchased, or to the owner's
representative.
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CC. [§ 229] Last Resort Housing
"Last Resort Housing" means comparable replacement dwellings provided by the
City with its funds or funds authorized for the project because existing comparable
replacement dwellings will not otherwise be available as needed.
Last Reso�t Housing as herein defined does not refer to "replacement dwelling
unit" as that term is used and defined in Section 33411 .2(c) of the California
Community Redevelopment Law (Health and Safety Code).
DD. (§ 230] Mobile Home
"Mobile home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities and includes the
plumbing, heating, air-conditioning and electrical systems contained therein. A
self-propelled vehicle is not a mobile home.
EE. [§ 231] Mortgage
Those classes of liens as are commonly given to secure advances on, or the
unpaid purchase price of, real property, together with the credit instruments, if any,
secured thereby including but not limited to deeds of trusts and land sales contracts.
FF. [§ 232] Nonprofit Organization
"Nonprofit organization" means a corporation, partnership, individual or other
public or private entity, engaged in a business, professional or institutional activity on
a non=profit basis, necessitating fixtures, equipment, stock in trade, or other tangible
property for the carrying on of the business, profession or institutional activity on the
premises.
GG. [§ 233] Ownership
"Ownership" means holding any of the following interests in a dwelling, or a
contract to purchase one of the first six (6) interests:
1 . A fee title;
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2. A life estate;
3. A 50-year lease;
4. A lease with at least twenty (20) years to run from the date of
acquisition of the property;
5. A proprietary interest in a cooperative housing project which includes the
right to occupy a dwelling;
6. A proprietary interest in a mobile home;
7. A leasehold interest with an option to purchase.
In the case of one who has succeeded to any of the foregoing interest by devise,
bequest, inheritance or operation of law, the tenure of ownership, but not occupancy,
of the succeeding owner shall include the tenure of the preceding owner.
HH. [§ 234] Person
"Person" means any individual, family, partnership, corporation or association.
II. [§ 235] Personal Property
"Personal property" means tangible property which is situated on a real property
vacated or to be vacated by a displaced person and which is considered personal
property and is non-compensable Iother than for moving expenses) under the state law
of eminent domain.
In the case of a tenant, personal property includes fixtures and equipment, and
other property which may be characterized as real property under state or local law,
but which the tenant may lawfully and at his election determine to move, and for
which the tenant is not compensated in the real property acquisition.
In the �ase of an owner of real property, the determination as to whether an item
of property is personal or real shall depend upon how it is identified in the closing or
settlement statement with respect to the real property acquisition.
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JJ. [§ 236] Post-Acquisition Tenant
"Post-acquisition tenant" means a tenant who lawfully commences to occupy
property only after the City acquires it.
KK. [§ 237] Prepaid Expenses
"Prepaid expenses" means items paid in advance by the seller of real property and
pro-rated between such seller and the buyer of such real property at the close of
escrow including, but not limited to, real property taxes, insurance homeowners'
association dues and assessment payment.
LL. (§ 238] Public Use
"Public use" means a use for which real property may be acquired by eminent
domain.
MM. [§ 239] Small Business
"Small Business" means a business as defined in Part 24 of Title 49 of The Code
of Federal Regulations.
NN. [§ 240] Tenant
A person who rents or is otherwise in lawful possession of a dwelling, including
a sleeping room, which is owned by anothe�.
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III. [§ 300] RELOCATION ADVISORY ASSISTANCE
A. [� 3011 Advisory Assistance to be Provided by the City
Programs or projects undertaken by the City shall be planned in a manner that
recognizes, at an earty stage in the planning of the programs or projects and before
the commencement of any actions which will cause displacements, the problems
associated with he displacement of individuals, families, businesses, and farm
ope�ations; and provides for the resolution of these problems in order to minimize
adverse impact on its relocation assistance of other displacing programs or activities
which may be carried out in the same area. The City shall ensure the relocation
assistance advisory services described in this Section 301 are made available to all
persons displaced by the City. In addition the City may provide relocation advisory
assistance to any person occupying property immediately adjacent to the real property
acquired and who the City determines is caused substantial economic injury because
of the acquisition.
Not withstanding Section 218, in any case in which the City acquires property for
a program or project, any person who occupies the property on a rental basis for a
short term or a period subject to termination when the property is needed for the
program or project, shall be eligible for advisory services to the extent determined by
the City.
The relocation advisory assistance to be provided by the City shall include such
measures, facilities and/or services as may be necessary or appropriate in order to do
all of the following:
1 . Fully inform eligible persons as to the availability of relocation benefits
and assistance and the eligibility requirements therefore, as well as the
procedures for obtaining such benefits and assistance;
2. Determine and make timely recommendations on the needs and
preferences, if any, of displaced persons for relocation assistance;
3. Assure eligible displaced residents that within a reasonable period of time
p�ior to displacement, to the extent that it can be reasonably
accomplished, there will be available comparable replacement dwellings
sufficient in number and kind for and available to such eligible residents;
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4. Provide current and continuing information on the availability, prices, and
rentals of comparable sales and rental housing, and comparable
commercial properties and locations, and as to security deposits, closing
costs, typical down payments, interest rates and terms for residential
property in the area;
5. Assist each eligible, displaced person to complete applications for
payments and benefits;
6. Assist each eligible, displaced resident to obtain and move to a
comparable replacement dwelling;
7. Assist each eligible, displaced business in obtaining and becoming
established in a suitable replacement location with a minimum of delay
and loss of earnings;
8. Provide any services required to insure that the relocation process does
not result in different or separate treatment on account of race, color,
religion, ancestry, national origin, sex, marital status or other arbitrary
circumstances. Such relocation process shall satisfy the requirements of
Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act
of 1968, the Unruh Civil Rights Act and the California Fair Housing Law;
9. Supply to eligible persons information concerning federal and state
housing programs, disaster loan and other programs administered by the
Small Business Administration, and other federal or state programs
offering assistance to displaced persons;
10. Provide other advisory assistance to eligible pe�sons to minimize their
hardships, such as counseling and referrals with regard to housing,
financing, employment, training, health and welfare;
11 . Inform all persons who are expected to be displaced about the eviction
policies to be pu�sued in carrying out the project. �
B. [§ 302] Information Program
1. (§ 303] General Information
The City shall establish and maintain an information program utilizing meetings,
newsletters, and other mechanisms, including local media, available to all persons, for
keeping occupants of the property which the City is acquiring informed on a
continuing basis about its relocation program. The criterion for selecting among
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various alternative mechanisms shall be the likelihood of actually communicating
information to such persons. Legal publications, legal ads in local newspapers of
general circulation and similar means are inadequate if they are likely to go unnoticed.
2. (§ 304] Personal Contact
As soon as practicable following the initiation of negotiations to acquire a parcel
of real property, the City shall contact each eligible person occupying such property
to carefully explain and discuss fully with such person the extent of relocation
payments and assistance that may be made available by the City. Such contact shall
be direct and personal except where repeated efforts indicate that such contact is not
possible. Such contact may be made at the time and as part of the interview to
ascertain relocation needs conducted pursuant to Section 311 . All persons shatl be
advised and encouraged to visit the City's relocation office for information and
assistance. The City shall maintain personal contacts with occupants of the property
to the maximum extent practicable.
3. [§ 305] Payment After Death
A replacement housing payment is personal to the displaced person and upon his
death the undistributed portion of any such payment shall not be paid to his heirs or
assigns, except that:
1 . The cost attributable to the displaced person's actual occupancy of
the replacement housing shall be paid;
2. The full payment shall be disbursed in any case in which a member
of a displaced family dies and the other family members continues
to occupy the replacement dwelling selected in accordance with the
regulations in this part; and
3. That portion of a replacement housing payment necessary to satisfy
the legal obligation of an estate in connection with the selection of
a dwelling by or on behalf of a deceased person shall be disbursed
to the estate.
ExamRle
a. Cost incurred for an actual move conducted by a professional moving company;
and
b. Rental charges incurred prior to receipt of relocation benefits.
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4. [§ 306] Info�mation Statement for Relocation Assistance
Within 15 days of the initiation of negotiations to acquire a parcel of real property
or interest therein, the City shall provide each occupant of such property with a
written statement containing the following information:
1 . A general description of the nature and types of activities that will
be undertaken and identification of the displacement area involved,
including a diagrammatic sketch of such area;
2. A statement that City action may result in displacement, but that no
person lawfully occupying the real property will be required to move
without at least 90 days written notice from the City and until 90
days after the provision of information;
3. A statement to residents that families and individuals will not be
required to move from their dwellings before reasonable offers of
decent, safe and sanitary and otherwise comparable replacement
dwellings within their financial means have been made, except under
limited circumstances provided for in Section 1203 of these Rules
and Regulations;
4. A general description of types of relocation payments available,
including general eligibility criteria, and a caution against premature
moves that might result in loss of eligibility for a payment;
5. Identification of the City's relocation program and a description of
relocation services and aids that will be available;
6. Encouragement to visit the City's relocation office and cooperate
with staff, and the address, telephone number and hours of the
relocation office;
7. Information to residents on replacement dwellings, including;
a. A brief description of what constitutes a replacement dwelling,
including physical standards;
b. A layman's description of applicable federal, state and local fair
housing laws;
c. A statement that the City will identify available comparable
replacement dwellings and will provide assistance to persons in
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obtaining housing of their choice, including assistance in
referring complaints of discrimination to the appropriate federal,
state or local fair housing enforcement City;
d. A statement that persons may seek their own housing
accommodations, and urging them, if they do so, to notify the
City prior to making a commitment to purchase or occupy the
property.
8. A statement to businesses that the City will provide every possible
assistance in locating relocation accommodations, including
consultation with the Small Business Administration and other
governmental agencies which might be of assistance;
9. A statement to businesses describing the requirement for prior
notification to the City of the business concern's intention to move;
10. A summary of the City's eviction policy;
11 . A statement describing the City's grievance procedure, its purpose
and how it may be used;
12. Any additional information that the City believes would be helpful.
Where appropriate, separate information statements shall be
prepared for residential and non-residential occupants.
5. (§ 307] Notice of Eligibility Status
In addition to disseminating general information of the type described in Sections
302 and 303, the City shatl provide each occupant of the property with individual,
written notification of their eligibility status as soon as it has been established.
6. [§ 308] Language of Information Material
Information material shall be prepared in the languagels) most easily understood
by the recipients. In displacement areas where there are significant concentrations of
persons who do not read, write, or understand English ftuently, the native language
of the people should be used and all informational material should be provided in the
native language(s) and English.
,
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7. [§ 309] Method of Delivery of Informational Material
To assure receipt of the informationai material, the City shall arrange to have the
material either hand-delivered to each occupant of the property with a request for a
written receipt, or sent by certified mail, �eturn receipt requested.
C. [§ 310] Determination of Relocation Needs
1. [§ 311] Interviews
Immediately following the initiation of negotiations to acquire a parcel of real
property, the City shall interview each eligible person occupying such property to
obtain information upon which to plan for housing and other accommodations, as well
as counseling and assistance needs. The interview shall be by direct, personal
contact, except where repeated efforts indicate that such contact is not possible. The
City shall carefully explain and discuss fully with each person interviewed the purpose
of the interview.
When a person cannot be interviewed or the interview does not produce the
information to be obtained, reasonable efforts shall be made to obtain the information
by other means.
a. [§ 312] Information to be Obtained from Residential Owner Occupants
or Tenants
The City shall endeavor to obtain the following information from eligible persons.
(1 ) Income;
(2) Whether a person is elderly or handicapped;
(3) Size of family;
(4) Age of children;
(5) Location of job and factors limiting accessibility;
(6) Area of preferred relocation;
(7) Type of unit preferred;
(8) Owne�ship or tenant preference;
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(9) Need for social and public services; special schools and other
services;
{10) Eligibility for publicly assisted housing;
(11 ) With reference to the present dwelling:
(a) the rent;
(b) type and quality of construction;
(c) number of rooms and bedrooms;
(d) amount of habitable living space;
(e) locational factors including, among others, public utilities,
public and commercial facilities Iincluding transportation and
schools) and neighborhood conditions (including municipal
services).
(12) Such other matters that concern a household as its
members contemplate relocation.
b. [§ 313] Coordination with Other Agencies
In order to avoid duplication of effort and to ensure that necessary information is
available at the appropriate time, the City shall coordinate its interview activities with
the survey activities, if any, of other agencies. Gathering of data pertinent to social
service referrals of eligible persons shall be planned in cooperation with social service
agencies.
c. [§ 314] Interview after Person Moves Without Notice
If the City fails to conduct the required interview of any eligible person in a timely
and effective manner, the City shall make every reasonable effort to identify, locate
and interview such person who has moved so that their relocation needs can be
determined.
2. [� 315] Relocation Records
Based on information obtained during interviews and from other sources as
applicable, the City shall prepare and maintain an accurate relocation record for each
person to be displaced. The record shall contain a description of the pertinent
characteristics of the persons to be displaced and the assistance deemed to be
necessary. A displaced person (or any person authorized in writing by such person)
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shall have the right to inspect such documents containing information relating to him
to the extent and in the manner provided by law.
3. [§ 316I Updating Information
Information pertaining to the relocation needs of eligible persons occupying each
parcel of real property with respect to which the City has initiated negotiations for
acquisition shall be up-dated at least annually. Eligible persons shall be encouraged
to bring any change in thei� needs to the attention of the City.
D. [§ 317] Relocation Site Office
The City may, as it deems necessary, establish a site office which is accessible
to all area residents and businesses who may be displaced to provide relocation
assistance. Any such office shall be staffed with trained and/or experienced
relocation personnel. Office hours shall be scheduled to accommodate persons unable
to visit the office during normal business hours. The City may also make provision for
meeting with displaced persons in their homes or places of business.
E. [§ 318] Contracting for Relocation Se�vices
The City may enter into a contract with any individual, firm, association,
corporation or governmental City having an established organization for conducting
relocation assistance programs, for the purpose of providing relocation advisory
assistance.
F. [§ 319] Coordination of Relocation Assistance
The City shall coordinate its relocation assistance program with other work
necessitating displacement of persons, and with activities of other public entities in
the City or nearby areas, for the purpose of planning relocation activities and
coordinating the availability of replacement dwelling resources in the implementation
of the City's relocation assistance program.
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IV. (§ 400] RELOCATION PLANS
A. [§ 401) Requirements Generally
As soon as possible following the initiation of negotiations and prior to proceeding
with any phase of a project or other activity that will result in displacement, the City
shall prepare a Relocation Plan and submit it for app�oval to the City Council. When
the City's action will only result in an insignificant amount of non-residential
displacement, the requirements of this section need not be satisfied.
B. [§ 402] Contents of Plan
A Relocation Plan shall include the following;
1 . A diagrammatic sketch of the displacement area;
2. Projected dates of displacement;
3. An written analysis of the aggregate relocation needs of all persons to be
displaced, in acco�dance with Section 403, and a detailed explanation as
to how these needs are to be met;
4. An written analysis of replacement housing resources, in accordance
with Section 404;
5. A detailed description of the relocation advisory services program,
including specific procedures for locating and referring eligible persons to
comparable replacement housing;
6. A description of the relocation payments to be made in accordance with
Section 600 and a plan for disbursement;
7. A cost estimate for carrying out the plan and identification of the source
of the necessary funds;
8. A detailed plan by which any last resort housing as described in Section
405 is to be built and financed;
9. A standard information statement to be sent to all persons displaced in
accordance with Section 306;
10. Temporary relocation plans, if any;
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11 . A description of relocation office operation procedures;
12. Plans for citizen participation;
13. An enumeration of the coordination activities undertaken pursuant to
Section 319;
14. The comments of the relocation committee, if any;
15. A written determination by the City that the necessary resources will be
available as required.
1. [§ 403] Analysis of Replacement Dwelling Needs
A written analysis of replacement dwelling needs shall be prepared. It shall be
prepared in sufficient detail to enable determination of the availability for all potential
displacees of housing which meets the standards set forth in the definition of
comparable replacement dwelling.
The written analysis of replacement dwelling needs shall include:
(1) Separate information concerning homeownership and rental units;
(2) The number of units identified by cost for each size category;
(3) Needs of elderly and handicapped households shown separately,
including information on the number of such households requiring special
facilities and the nature of such facilities;
(4) Desc�iption of the locational characteristics of the displacement area
neighborhoods corresponding to the requirements of comparable
replacement dwellings;
(5) Information concerning proximity to present employment sources,
medical and recreational facilities, parks, community centers, shopping,
transportatio� and schools;
(6) Information concerning proximity to other relevant needs and amenities.
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2. (§ 404] Analysis of Replacement Dwelling Resources
A written analysis of replacement dwelling resources shail be prepared in
sufficient detail to enable a determination of the availability for all potential displacees
of housing which meets the standard for comparable replacement dwelling.
The written analysis of replacement dwelling resources shall include:
(1) Separate information concerning homeownership and rental units;
(2) The number of units available by cost for each size category;
13) Resources available to meet the needs of elderly and handicapped
households shown separately, including information on the number of
units with special facilities and the nature of such facilities;
(4) Description of the locational characteristics of the neighborhoods in the
survey area (established pursuant to Sections 503-505 below)
corresponding to the requirements of comparable replacement dwellings.
(5) Information concerning proximity to present employment sources,
medica� and recreational facilities, parks, community centers, shopping,
transportation and schools;
(6) Information concerning proximity to other relevant needs and amenities.
3. [§ 405] Method of Providing Last Resort Housing
If the City determines to use its funds or the funds authorized for the project to
provide last resort housing, the City shall, as part of the Relocation Plan, prepare a
plan for producing such last resort housing. The Plan shall specify:
(1) How, when and where the housing will be provided;
(2) How the housing will be financed and the amount of funds to be
allocated to such housing;
(3) The prices at which the housing will be rented or sold to the
families and individuals to be displaced;
(4) The arrangements for housing management and social services,
as appropriate;
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(5) The suitability of the location and environmental impact of the
proposed housing;
(6) The arrangements for maintaining rent levels appropriate for the
persons to be rehoused;
(7) The disposition of proceeds for rental, sale or resale of such
housing;
(8) Any referendum or zoning requirements, which presents an
obstacle, shall be addressed and the appropriate procedures to
be followed.
4. [§ 406] Information Required
The Relocation Plan shall contain sufficient facts to show that:
(1) Fair and reasonable relocation payments will be provided to
eligible persons as required by state law and these Rules and
Regulations;
(2) A relocation advisory assistance program will be established in
conformance with state law and these Rules and Regulations;
(3) Eligible persons will be adequately informed of the assistance,
benefits, policies, practices and procedures, including grievance
procedures, provided for by state law and these Rules and
Regulations;
(4) Based upon recent survey and analysis of both the housing
needs of persons who will be displaced and available
replacement housing and considering competing demands for
that housing, comparable replacement dwellings will be
available, or provided, if necessary, within a reasonable period
of time prior to displacement sufficient in number, size and cost
for the eligible persons who require them;
(5) Adequate provisions have been made to provide orderly, timely,
and efficient relocation of eligible persons to comparable
replacement dwellings available without regard to race, color,
religion, ancestry, national origin, sex or marital status, with
minimum hardship to those affected;
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(6) A relocation plan meeting the requirements of state law and
these Rules and Regulations has been prepared;
(7) The necessary relocation resources will be available as required;
(8) With respect to the acquisition of real property, to the greatest
extent practicable, adequate provisions have been made to be
guided by the applicable provisions of state law and these Rules
and Regulations.
C. [§ 407] Review of Relocation Plan
The Relocation Plan shall be submitted to the Department Head or designee for
review and comment. Following review of the Relocation Plan by the Department
Head or designee, and at least 30 days prior to submitting the Relocation Plan to the
City Council for approval, the proposed Relocation Plan shall be submitted to the
Department (HCD) and, if applicable, the relocation committee for review, and notice
of availability of the proposed Relocation Plan for review shall be provided to the
occupants to be displaced.
D. [§ 408] Conformance to General Plan
Relocation plans prepared by the City in accordance with Sections 400 through
407 shall be consistent with the Housing Element of the City's General Plan.
E. (§ 409] Update of Relocation Plans
In the event of delay in implementation of a Specific Relocation Plan prepared by
the City, such Specific Relocation Plan shall be updated annually.
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V. [§ 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS
A.. (§ 501] Requirement Generally
No displaced resident shall be required to move from his dwelling unless, within
a reasonable period of time prior to displacement, a comparable replacement dwelling
is available to him. The City shall assure that, within a reasonable period of time prior
to displacement, to the extent that it can be reasonably accomplished, there will be
available comparable replacement dwellings equal in number to the number of
displaced residents who require such dwellings. In any event, permanent housing
facilities are not available at the time of displacement, the City may relocate persons
to temporary replacement housing, provided the permanent replacement housing is
made available within 12 months of the date of the temporary move.
B. [§ 502] Procedures for ldentifying Comparable Replacement Dwellings
1. [§ 503] Survey of Available Replacement Dwellings
Within 15 days of the initiation of negotiations to acquire a parcel of real property,
the City shall initiate a survey of available comparable replacement dwellings. If a
recent survey that provides the information identified in Section 504 is not available,
the City shall conduct a survey of the housing market. If a recent survey is available,
but it does not reflect more �ecent, significant changes in housing market conditions,
the survey shall be updated or it shall not be relied upon. In the event of delay in
carrying out the implementation activity to which the survey pertains, the survey shall
be updated at least annually.
2. [§ 504] Information To Be Obtained
a. [§ 505) Survey Area
The survey area shall be reasonably related to the displacement area and to the
needs and preferences of the persons to be displaced. The survey area shall have
relevant characteristics specified for comparable replacement dwellings which equal
or exceed those of the neighborhood from which persons are to be displaced.
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b. [§ 506] Gross Number of Comparable Replacement Dwellings
(11. [§ 507] Standard Generally
Only dwelling units which satisfy the standards of compa�able replacement
dwellings, including the locational criteria, shall be counted as a relocation resource.
(2). [§ 508] Uncompleted New Construction or Rehabilitation
Uncompleted new construclion or rehabilitation shall only be counted toward the
gross number of comparable replacement dwellings if there is a substantial likelihood
that the dwelling units will be available when needed and at housing prices or rental
costs within the financial means of the prospective occupants.
(3). [§ 509) Publicly Subsidized Housing
Publicly subsidized housing, as defined pursuant to Article XXXIV of the California
Constitution and Sections 37000 through 37002 of the California Health and Safety
Code, shall only be counted toward the gross number of comparable replacement
dwellings if it reasonably can be established that:
(a) The dwelling units will be available when needed;
(b) The governmental body providing the subsidy has made, in
writing, a reasonably .binding commitment of assistance;
(c) The dwelling units have been inspected and determined to
be decent, safe and sanitary and the income ceilings, rent
ranges and age restrictions, if any, have been conside�ed;
(d1 The number of dwelling units available in the City exceeds
the number of households in need of the dwelling units,
provided.however, that this requirement may be waived if:
(i) the City or another public entity undertakes to provide
such publicly subsidized housing specifically as a
relocation resource; or
(ii) the City establishes that such publicly subsidized
housing will be replaced by last resort housing within
two (2) years. To establish that last resort housing will
be developed as required the City must have site
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control with permissive zoning, preliminary plans and
conditional commitments for subsidy and financing, or
the equivalent, and must identify ownership;
(e) With respect to uncompleted new construction or rehabilitation,
such publicly subsidized dwelling units are being subsidized to
provide relocation resources.
c. [§ 510] Adjustment for Concurrent Displacement
The gross number of compa�able replacement dwellings in the survey area shall
be discounted to reflect concurrent displacement by the federal government and its
agencies, including federally assisted projects, as well as displacement by other public
entities within the survey area.
3. [4 511] Review of Survey Results
When more than twenty-five (25) households will be displaced, results of the
survey of comparable replacement dwellings shall be submitted for review to local
housing, development and planning agencies and shall be compared to other existing
information on housing.
Notwithstanding the results of the survey of comparable replacement dwellings,
if the demand for housing is such that there are no vacancies other than those
permitted by turnover, the City may proceed to displace residents from dwellings, but
only to the extent that the City obtains referrals of comparable replacement dwellings
for such residents in accordance with the provisions of Section 511 .
C. [§ 5121 Referrals of Replacement Dweltings
The City shall obtain at least three referrals of comparable replacement dwellings
for each displaced resident, provided that where the City determines that, due to
special circumstances, three is not a reasonable number, fewer than three referrals
may be deemed sufficient to satis n�eest od by he d splacede es den Such referrals
shall be in writing, in a language u
The City's obligation to obtain a comparable replacement dwelling for any
displaced resident shall be deemed to be satisfied if such resident is offered and
refuses, without justification, the numbe� of specifically identified comparable
replacement dwellings provided for in this Section.
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D. [§ 513] Temporary Move
1. (§ 514] Use of Temporary Replacement Housing
The City may relocate displaced residents to temporary replacement housing under
the conditions provided in Section 516. Such housing shall meet the standards of an
adequate replacement dwelling.
The City shall minimize, to the greatest extent feasible, the use of temporary
replacement housing. Temporary replacement housing may be used, among other
app�opriate times, when a project plan anticipates moving individuals back into
completed project accommodations.
2. [§ 515) Relocation Assistance and Payments
The City shall provide displaced residents who move to temporary replacement
housing with relocation assistance, services and benefits designed to achieve
permanent relocation of such residents into comparable replacement dwellings.
3. (§ 516� Assurances Prior to Temporary Move
Prior to any temporary move, the City shall determine and provide written
assurance to each displaced resident that:
a. Comparable replacement dwellings will be made available at the earliest
possible time, and in any event within twelve (12) months from the date
of the move to the temporary replacement housing;
b. Comparable replacement dwellings will be made available, on a priority
basis, to the individual or family who has been temporarily rehoused;
c. The move to temporary replacement housing will not affect a claimant's
eligibility for a replacement housing payment nor deprive him of the same
choice of replacement dwelling units that would have been made
available had the temporary move not been made and the costs of a
temporary move will not be considered as all o� a part of relocation
payments to which a displaced resident is entitled;
d. If a project plan anticipates moves back into housing accommodations in
the project area, the resident who has been temporarily displaced will be
given priority opportunity to obtain such housing accommodations;
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e. The City will pay all costs in connection with the move to temporary
replacement housing, including increased housing costs.
E. [§ 517] Provision of Last Resort Housing
1. (§ 518] Authorization; Methods
If comparable replacement dwellings are not available, and the City determines
that such housing cannot otherwise be made available, the City shall use funds
authorized for the project for which the real property, or interest thereof, is being
acquired to provide such housing.
The City may expend funds and take such other actions as necessary to provide,
rehabilitate, or construct last resort housing pursuant to an approved plan for last
resort housing through methods including but not limited to the following:
a. Transfer of funds to state and local housing agencies;
b. Contract with organizations experienced in the development of housing;
c. Direct development; rehabilitation or construction by the City;
d. Financing of development, rehabilitation or construction by the City;
e. Provide housing subsidies as permitted by law (§618(211d11.
Whenever practicable, the City shall utilize the services of federal, state, or local
housing agencies, or other agencies having expe�ience in the administration or conduct
of similar housing programs. Where several agencies are administering programs
resulting in residential displacement, opportunities shall be sought for joint
development and financing to aggregate resources in order most efficiently to provide
last resort housing in sufficient quantity to satisfy the aggregate needs of such
programs.
2. [§ 519] Nondiscrimination; Affirmative Action
All contracts and subcontracts for the construction, rehabilitation or management
of last resort housing shall be let without discrimination as to race, color, religion,
ancestry, national origin, sex, marital status other arbitrary circumstance and pursuant
to an affirmative action program. The City shall encourage participation by minority
persons in all levels of construction, rehabilitation, planning, financing and
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management of last resort housing. When the housing will be located in an area of
minority concentration, the City shall seek to secure significant participation of
minorities in these activities. The City shall require that, to the greatest extent
feasible, opportunities for training and employment arising in connection with the
planning, construction, rehabilitation and operation of last resort housing be given to
persons of low income residing in the area of such housing and shall determine and
implement means to secure the participation of small businesses in the performance
of contracts for such work.
3. [§ 520] Conformity with Statutes and Regulations
The provision of last resort housing by the City shall be in accord with the
provisions of Section 1 of the Civil Rights Act of 1966, Title VI of the Civil Rights Act
of 1964, Title VIII of the Civil Rights Act of 1968, the Unruh Civil Rights Act, the
California Fair Housing Law, and the California Environmental Quality Act of 1970, and
regulations issued pursuant thereto.
4. (§ 521) Monitoring Housing Production
The City shall monitor the production of the last resort housing to ensure that it
is in accordance with the plan for last resort housing approved by the City.
5. [§ 522] Retention of Benefits Upon Move to Last Resort Housing
The City shall not require a displaced resident to accept last resort housing in lieu
of the displaced resident's acquisition payment, if any, for the real property from
which he is displaced or the relocation payments for which he may be eligible.
F. (§ 523] Move to Substandard Dwelling Unit
The City shall inspect each replacement dwelling prior to the time a displaced
resident occupies it. The City shall not induce or encourage a displaced resident to
acquire a dwelling which does not satisfy the standards of a comparable replacement
dwelling.
If a displaced resident occupies a dwelling unit to which he is referred by the City
and the dwelling unit does not satisfy the standard of a comparable replacement
dwelling, the City shall offer to locate such a dwelling for the displaced resident and
to pay again all moving and related expenses.
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If a displaced resident chooses not to move from a substandard dwelling unit he
has occupied, the displaced resident shall nevertheless be eligible to receive relocation
assistance and payments if one of the following conditions is met:
1 . If he occupied the substandard dwelling unit following refer�al by the City; or
2. If the rental or purchase of the substandard dwelling unit is the result of the
City's failure to identify a reasonable number of comparable replacement
dwellings; or
3. If the purchase of the substandard dwelling unit is not the result of the City's
referral or failure to refer, when the substandard dwelling unit is brought into
compliance with the decent, safe and sanitary standard.
In the event the condition met is paragraph 3, any replacement housing payment
shall be limited to the amount that would be provided in connection with the purchase
of a similar, comparable replacement dwelling, or the sum of the actual costs of
acquisition (including incidentat expenses) and rehabilitation, whichever is less.
G. [§ 524)Waiver of Requirement for Replacement Dwelling Prior to Displacement �
When immediate possession of the real property is of crucial importance and one
of the following circumstances exists, the City may require an eligible displaced
resident to move from his dwelling before a comparable replacement dwelling or
temporary adequate replacement dwelling is available:
1 . When displacement is necessitated by a major disaster as defined in Section
102(2) of the "Disaster Relief Act of 1974";
2. During periods of declared national or state emergency;
3. When such other extraordinary or emergency situations occur where
immediate possession of real property is of crucial importance.
Any waiver of the requirement for replacement dwellings prior to displacement
shall be supported by appropriate findings and a determination of the necessity for the
waiver.
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VI. [§ 600) RELOCATION PAYMENTS TO DISPLACED RESIDENTS
A. (§ 601] Payments Required
The City shall compensate a displaced resident for the expenses described in
Section 602 or 603 and in Section 604 or 614. A displaced resident who lawfully
resides on his business property may be eligible for both the payments described in
this Section 600 and the payments to a displaced business provided under Section
700. A person who moves from his dwelling or who moves his personal prope�ty.
therefrom because he is displaced by the City from other real property on which he
conducts a business shall be eligible only for payments p�ovided for under Section 602
or 603.
B. [§ 602] Actual Reasonable Moving Expenses
A displaced resident shall be compensated for the actual reasonable expenses
incurred in moving himself and his family, including moving personal property. In all
cases the amount of a payment shall not exceed the reasonable cost of accomplishing
the activity in connection with which a claim has been filed.
The moving and related expenses for which claims may be filed shall include:
1 . Transportation of persons and property not to exceed a distance of fifty
(50) miles from the site from which the resident was displaced, except
where the City determines that relocation beyond such distance of fifty
(50) miles is justified;
2. Packing, crating, unpacking and uncrating personal property;
3. Such storage of personal property, for a period generally not to exceed
twelve (12) months, as determined by the City to be necessary in
connection with relocation;
4. Insurance of personal property while in storage or transit;
5. The reasonable replacement value of property lost, stolen, or damaged
(not through the fault of the displaced resident, his agent or employee)
in the process of moving, where insurance covering such loss, theft or
damage is not reasonably available;
6. Cost of disconnecting, disassembling, dismantling, removing,
reassembling, reconnecting and reinstalling machine�y, equipment or
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other personal property not acquired by the City, including connection
charges imposed by public utilities for starting utility service.
C. [§ 603] Alternate Payments
A displaced resident who is eligible for a payment for actual reasonable moving
expenses may elect to receive, and shall be paid, in lieu of such payment, a moving
expense and dislocation allowance which shall be determined according to a schedule
established by the City. The schedule shall be consistent with the residential moving
expense and dislocation allowance payment schedule established by Part 24 of Title
49 of The Code of Federal Regulations.
D. [§ 604] Replacement Housing Payments for Displaced Homeowners
1. [§ 605] Amount of Payment
The City shall make to a displaced resident who meets the eligibility requirements
of Section 606 a payment not to exceed a combined total of S22,500. for:
a. The amount, if any, which when added to the acquisition cost of the
dwelling acquired for the project equals the reasonable cost of a
comparable replacement dwelling. This amount shall not exceed the
difference between the acquisition price of the acquired dwelling and
the actual purchase price of the replacement dwelling;
b. The amount, if any, to compensate the displaced resident for any
increased interest cost he is required to pay for financing the
acquisition of a replacement dwelling. The payment shall not be
made unless the dwelling acquired by the City was encumbered by
a bona fide mortgage which was a valid lien on the dwelling for not
less than 1 SO days prior to the initiation of negotiations for
acquisition of such dwelling. (This time requirement may be
modified in accordance with the provisions of Section 606a1;
c. Reasonable expenses incurred by the displaced resident incident to
the purchase of the replacement dwelling, but not including prepaid
expenses;
d. The cost of rehabilitating a dwelling which does not satisfy the
decent, safe and sanitary standard.
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2. [§ 606] Eligibility
A displaced resident is eligible for a replacement housing payment if such person
satisfies the following conditions:
a. Is displaced from a dwelling that is acquired.
b. Has actually owned and occupied the dwelling from which he is
displaced as a permanent or customary and usual place of abode for
not less than 180 days prior to the initiation of negotiations for
acquisition of such dwelling. If an owner satisfies all but the 180
day requirement and can establish to the satisfaction of the City that
he bought the dwelling with the intention of making it his place of
residence, that the move was not motivated by a desire to receive
relocation assistance and benefits, and that he neither knew nor
should have known that pubtic acquisition was intended, the City
may reduce the requirement as necessary.
c. Purchases and occupies a replacement dwelling within one year
subsequent to the date on which he received final payment from the
City for all costs of the acquired dwelling or the date on which he
moves from the acquired dwelling, whichever is later. Where for
reasons beyond the control of the displaced resident completion of
construction, rehabilitation, or relocation of a replacement dwelling
is delayed beyond the date by which occupancy is required, the City
shall dete�mine the date of occupancy to be the date the displaced
resident enters into a cont�act for such construction, rehabilitation,
or relocation or for the purchase, upon completion, of a dwelling to
be constructed or rehabilitated, if, in fact the displaced resident
occupies the replacement dwelling when the construction or
rehabilitation is completed. Where for reasons of hardship or
circumstances beyond the control of the displaced resident, such
person is unable to occupy the replacement dwelling by the required
date, the City may extend the deadline as necessary. If by the
deadline the displaced person has contracted to purchase a
replacement dwelling, the City will extend the deadline to the extent
reasonable. No person otherwise eligible for payment, shall be
denied such eligibility as a result of being unable, because of a major
state or national disaster, to meet the occupancy requirements
contained herein.
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3. [§ 607] Computation of Replacement Housing Payment
a. [§ 608] Reasonable Cost of Comparable Replacement Dwelling
In determining the reasonable cost of a comparable replacement dwelling, the City
shall use one of the following methods:
(1 ) Comparative Method. On a case by case basis by determining
the listing price of dwellings which have been selected by the
City and which are most representative of the acquired dwelling
unit and meet the definition of a comparable replacement
dwelling. Whenever possible the listing price of at least three
dwellings shall be considered; or
(2) Schedule Method. Where the City determines the comparative
method is not feasible, it may establish a schedule of reasonable
acquisition costs for the various types of comparable
replacement dwellings. The City shall cooperate with other
entities causing displacement in the area to establish a uniform
schedule. The schedule shall be based on a current analysis of
the market to determine a reasonable cost for each type of
dwelling to be purchased. In large urban areas, the analysis
may be confined to the sub-area from which persons are
displaced or may cover several diffe�ent sub- areas; if they
satisfy or exceed the criteria for a comparable replacement
dwelling. To assure the greatest comparability of dwellings in
any analysis, the analysis shall be divided into classifications of
the type of construction, number of bedrooms, and price ranges;
or
(3) Alternative Method. Where the City determines that neither the
schedule, nor comparative method is feasible in a given
situation, by the use of another reasonable method selected by
the City.
Whichever method is selected the cost shall be updated to within three months
of the date of purchase of the replacement dwelling.
b. [§ 609] Increased Interest Cost
Increased interest cost shall be equal to the discounted present value of the
difference between the aggregate interest applicable to the amount of the principal of
the mortgage on the acquired dwelling over its remaining term at the time of
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acquisition, and other debt service costs, and the aggregate interest paid on the
mortgage on the replacement dwelling, and other debt service costs. The term and
amount of the mortgage on the replacement dwelling for the purposes of this Section
shall be the lesser of the remaining term and amount of the mortgage on the acquired
dwelling, or the actual term and amount of the mortgage on the replacement dwelling.
The amount of the debt service cost with respect to the replacement dwelling shall be
the lesser of the debt service cost based on the cost required for a comparable
replacement dwelling, or the debt service cost based on the actual cost of the
replacement dwelling.
Prepaid interest or "points" shall be considered in the determination of the
aggregate interest.
In calculating the amount of compensation, increased interest cost shall be
reduced to discounted present value using the prevailing interest rate paid on savings
deposits by commercial banks in the general area in which the replacement dwelling
is located.
c. [§ 610] Expense Incidental to the Purchase of the Replacement
Dwelling
The replacement housing payment shall include the amount necessary to
reimburse the displaced resident for actual costs incurred by him incident to the
purchase of the replacement dwelling, including but not limited to the following:
(1 ) Legal, closing, and related costs including title search, preparing
conveyance contracts, notary fees, surveys, preparing drawings
or plans, and charges paid incident to recordation;
(2) Lender, FHA, VA or similar appraisal costs;
(3) FHA, VA, or similar application fee;
(4? Cost for certification of structural soundness;
(5) Credit report charges;
(6) Charge for owner's and mortgagee's evidence or assurance of
title;
(7) Escrow agent's fee;
(8) Sales and transfer taxes.
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Payment for any such expenses shall not exceed the amount attributabie to the
purchase of a replacement dwelling. Such expenses shall be reasonable and legally
required or customary in the City of Redding.
Reimbursement shall not be made under the provisions of this Section for any fee,
cost, charge, or expense which is determined to be a part of the debt service o�
finance charge under Title I of the T�uth in Lending Act and Regulation Z issued
pursuant thereto by the Board of Governors of the Federal Reserve System. Any
such sum should be considered in the determination of increased interest cost.
4. (§ 611] Multi-Family Dwelling
In the case of a displaced homeowner who is required to move from a one-family
unit of a multi-family building which he owns, the replacement housing payment shall
be based on the cost of a comparable one-family unit in a multi-family building of
approximately the same density or if that is not available in a building of the next less
density, or, if a comparable one-family unit in such a multi-family building is not
available, the cost of any otherwise comparable single-family structure.
5. [§ 612] Homeowner Retention of Dwelling
If a displaced homeowner elects to retain, move, and occupy his dwelling, the
amount payable as the replacement housing payment is the difference between the
acquisition price of the acquired property and the sum of the moving and restoration
expenses, the cost of correcting decent, safe, and sanitary deficiencies, if any, and
the actual purchase price of a comparable relocation site. The payment shall not
� exceed the amount of the replacement housing payment to which the homeowner
would otherwise be entitled.
6. [§ 613] Lease of Condominium
For the purpose of this Section 604, the leasing of a condominium for a 99-year
period, or for a term which exceeds the life expectancy of the displaced resident as
determined by the most recent life tables in Vital Statistics of the United States, as
published by the Public Health Service of the Department of Health, Education and
Welfare or successor acceptable index, shall be deemed a purchase of the
condominium.
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E. [§ 614] Replacement Housing Payments fo� Tenants and Certain Others
1. [§ 615] Amount of Payment
The City shall make to a displaced resident who meets the eligibility requirements
of Section 616, a payment not to exceed S5,250.00 for either:
a. An amount necessary to enable such person to lease or rent a
comparable replacement dwelling for a period not to exceed 4 years; or
b. An amount necessary to enable such person to make a downpayment on
the purchase of a decent, safe and sanitary replacement dwelling
(including incidental expenses described in Section 6101.
2. [§ 616] Eligibility
A displaced resident is eligible for a replacement housing payment if such person
satisfied the following conditions:
a. Has actually and lawfully occupied the dwelling from which he is
displaced for a period of not less than 90 days prior to the initiation of
negotiations for acquisition of such dwelling. If a resident satisfies all but
the 90-day requirement and can establish to the satisfaction of the City
that he occupied the dwelling with the intention of making it his place of
residence, that the move was not motivated by a desire to receive
relocation assistance and benefits, and that he neither knew nor should
have known that public acquisition was intended, the City may reduce
the requirements as necessary.
b. Is not eligible to receive a replacement housing payment for homeowners
or elects not to receive such payment. Where the displaced resident is
the owner-occupant of the dwelling for at least 90 days but not more
than 180 days immediately prior to the initiation of negotiations for the
acquisition of the dwelling, the payment made under Section 615b shall
not exceed the amount of payment to which the resident would be
entitled under Section 605.
c. The displaced resident shall within one year from the date of
displacement rent or purchase (as the case may be) and occupy a
replacement dwelling. Where for reasons beyond the control of the
displaced resident completion of construction, rehabilitation,or relocation
of a replacement dwelling is delayed beyond the date by which
occupancy is required, the City shall determine the date of occupancy to
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be the date the displaced resident enters into a contract for such
construction, rehabilitation, or relocation or for rental or purchase, upon
completion, of a dwelling to be constructed or rehabilitated, if, in fact,
the displaced person occupies the replacement dwelling when the
construction or rehabilitation is completed. Where for reasons of
hardship or circumstances beyond the control of the displaced resident,
such person is unable to occupy the replacement dwelling by the required
date, the City may extend the deadline as necessary. If by the deadline
the displaced person has contracted to rent or purchase a replacement
dwelling, the City will extend the deadline. No person otherwise eligible
for payment, shall be denied such eligibility as a result of his being
unable, because of a major state or national disaster, to meet the
occupancy requirements contained herein.
In implementing the relocation assistance law, it is the intent that special
consideration shall be given to assisting any displaced resident 62 years of age or
older to locate or lease or rent a comparable replacement dwelling.
3. [§ 617] Computation of Replacement Housing Payment
a. [§ 618� Rent Differential Payment
The amount of payment necessary for a displaced resident to lease or rent a
comparable replacement dwelling shall be computed by subtracting forty-eight (48)
times the base monthly rental of the displaced resident, from forty-eight (48) times the
monthly �ental for a comparable replacement dwelling; provided, that in no case may
such amount exceed the difference between forty-eight (48) times the base monthly
rental and forty-eight (48) times the monthly rental actually required for the
replacement dwelling occupied by the displaced resident.
(1) Base Monthl�Rental. The base monthly rental shall be the lesser of:
a. the average monthly rental paid by displaced resident for
the 3-month period prior to initiation of negotiations; and
b. twenty-five percent (25%) of the displaced �esident's
average monthly gross income.
Where the displaced resident was the owner of the dwelling from which he was
displaced or was not required to pay rent for that dwelling, or where the rental is
unrealistically low, the economic rent shall be used in lieu of the average monthly
rental to calculate base monthly rental.
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(2) R�ntal for Com�arable Re�lacement Dwelling. The monthly rentai
for a comparable replacement dwelling shall be determined by the
City using one of the foilowing methods:
a. Comnarative Method. On a case by case basis by
determining the listing rental of dwellings which are most
representative of the acquired dwelling and meet the
definition of a comparable replacement dwelling. Whenever
possible the listing rental of at least three dwellings shall be
considered; or
b. Schedule Method. Where the City determines the
comparative method is not feasible, it may establish a
schedule of reasonable renta� charges for the various types
of comparable replacement dwellings. The City shall
cooperate with other entities causing displacement in the
area to establisfi a uniform schedule. The schedule shall be
based on a current analysis of the market to determine a
reasonable rental charge for each type of dwelling to be
rented. The analysis may be confined to other sub-a�ea
from which the persons are displaced or may cover several
different sub-areas, if they satisfy or exceed the criteria for
a comparable replacement dwelling. To assure the greatest
comparability of dwellings in any analysis, the analysis shall
be divided into classifications of the type of construction,
number of bedrooms, and range of rental charges; or
c. Alternative Method. Where the City determines that neither
the schedule, nor comparable method is feasible in a given
situation, by the use of another reasonable method selected
by the City.
Whichever method is selected the cost shall be updated to within three (3) months
of the date of rental of the replacement dwelling.
In calculating the base monthty rental and the rental for a comparable replacement
dwelling the City will include as a component of rent the cost or estimated cost
of utilities, but not including telephone service.
d. Last Resort Housing. Payments will be made to eligible
displaced residential occupants in accordance with Section
7264.5 of the California Government code, Chapter 16, in
accordance with procedures developed by the City.
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b. [§ 619] Downpayment
The downpayment for which a payment specified in Section 615b may be made,
shall not exceed the amount of a reasonable downpayment for the purchase of a
comparable replacement dwelling where such purchase is financed, plus expenses
incident to the purchase of a replacement dwelling computed in accordance with
Section 610. The full amount of a downpayment shall be applied to the purchase of
the replacement dwelling and shall be shown on the closing statement or other
document acceptable to the City.
4. [§ 620I Rental Payments for Displaced Homeowners and Dependents
a. (§ 621) Homeowners
A displaced homeowner who elects to rent rather than purchase a replacement
dwelling and who meets the eligibility requirements of Section 616 is eligible for the
rent differential payment specified in Section 618.
b. [§ 622] Dependents
A dependent who is residing separate and apart from the person or family
providing support, whether such separate residence is permanent or temporary, shall
be entitled to payment under Section 614, but such payment shall be limited to the
period during which the displaced dependent resides in the replacement dwelling. For
tt�e purposes of this Section "dependent" shall be a person who derives fifty-one
percent (51 %) or more of his income in the form of gifts, from any private person or
any academic scholarship or stipend. Full time students shall be presumed to be
dependents but may rebut this presumption by demonstrating that fifty percent (50%)
or more of their income is derived from sources other than gifts from another private
person or academic scholarship or stipends.
Dependents residing with the family of which they are a part shall not be entitled
to any payment except as a part of the family.
F. [§ 623] Payments to Residents Displaced from Mobile Home
1. [§ 624] Payments Required
The eligibility requirements and payment provisions of Sections 600 through 613
are applicable to displaced residents who are owners or tenants of mobile homes.
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2. (§ 625] Moving Expenses: Retention and Move of Mobile Home
If a mobile home is moved to another site and the displaced resident elects to be
compensated for actual reasonable moving expenses (and not an alternate payment
pursuant to Section 603), then the displaced resident shall be paid an amount for
moving expenses determined in accordance with the applicable provisions of Section
703, Actual Reasonable Moving Expenses for a displaced business.
3. [§ 626] Replacement Housing Payments
The City shall make a replacement housing payment to a displaced resident who
is displaced from his mobile home in the following situations:
a. A resident who owns a mobile home and site and as a replacement
purchases both a dwelling and site shall be provided a payment in
accordance with Section 604. A resident who owns a mobile home and
site, and as a replacement rents both a dwelling and site, shall be
provided a payment in accordance with Section 614.
b. A resident who rents a mobile home and site and as a replacement rents
or purchases a dwelling and site, shall be provided a payment in
accordance with Section 614.
c: A resident who owns a mobile home and site, and as a replacement
purchases a dwelling and rents a site, shall be provided a payment in
accordance with Section 604 and 614. The payment shall be limited to
the lesser of:
(1) The amount necessary to purchase a conventional comparable
replacement dwelling; and
(2) The amount necessary to purchase a replacement mobile home lin
accordance with Section 604) plus the amount necessary to rent a
replacement site (in accordance with Section 614). In calculating
this amount, the economic rent for the site shall be used in lieu of
average monthly rental to determine base monthly rent.
d. A resident who owns a site from which he moves a mobile home shall be
provided a payment under Section 604 if he purchases a replacement site
and under Section 614 if he rents a replacement site.
e. A resident who owns a mobile home which is acquired and rents the site
shall be provided payment as follows:
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(1) If a mobile home is not available the amount required to purchase a
conventional replacement dwelling (in accordance with Section 604);
(2) The amount necessary to purchase a replacement mobile home (in
accordance with Section 604) plus the amount necessary to lease,
rent or make a down payment on a replacement site lin accordance
with Section 614); or
(3) If he elects to rent a replacement mobile home and site, the amount
required to do so in accordance with Section 614. In calculating
this payment, the average monthly rental shall equal the economic
rent for the mobile home plus the actual rent for the site.
f. Similar principles shall be applied to other possible combinations of
ownership and tenancy upon which a claim for payment might be based.
G. (§ 627] Proration of Payments
For the purpose of calculating an alternate payment under Section 603, or a
replacement housing payment under Section 604 or 614, two or more individuals
(whether they are members of one family or notl living together in, and displaced
from, a single dwelling shall be regarded as one displaced resident. If two or more
such individuals submit more than one claim, an eligible claimant for a payment may
be paid only his reasonable pro rata share (as determined by the City) of the total
payment applicable to a single displaced resident. The total of the payments made to
all such claimants moving from the dwelling unit shall not exceed the total payment
allowed to be made to a single displaced resident.
Where a tenant is sharing a single-family dwelling with an owner-occupant, the
tenant shall not be entitled to more than one-half of the replacement housing payment
otherwise payable. The owner-occupant shall not be required to share the payment
to which he is entitled or to accept a prorated amount.
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VI1. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES
A. [§ 701] Payments Required
The City shall compensate the owner of a displaced business for the expenses
described in Section 702 and 703 or 706 and 708 and in Section 713. Whenever the
acquisition of real property used for a business causes the business to move from
other real property upon which the same business is conducted, or to move its
personal property therefrom, such business shall receive payments for moving and
related expe�ses under Section 702 and 703 in connection with its move from such
other real property.
B. (§ 702] Moving Expenses
1. [§ 703] Actual Reasonable Moving Expenses
A displaced business shall be compensated for the actual reasonable.expenses
incurred for moving the business including moving personal property. In all cases the
amount of payment shall not exceed the reasonable cost of accomplishing the activity
in connection with which a claim has been filed.
The moving and related expenses for which claims may be filed shall include:
a. Transportation of persons and property not to exceed a distance of
fifty (50) miles from the site from which the business was displaced,
except where the City determines that relocation beyond such
distance of fifty (50) miles is justified;
b. Packing, crating, unpacking, and uncrating personal property;
c. Such storage of personal property for a period generally not to
exceed twelve (12) months, as determined by the City to be
necessary in connection with relocation;
d. Insurance of personal property while in storage or transit;
e. The reasonable replacement value of property lost, stolen, or
damaged (not through the fault or negligence of the displaced
business, its agents or employee) in the process of moving, where
insurance covering such loss, theft, or damage is not reasonably
available;
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f. The cost of disconnecting, dismantling, removing, reassembling,
reconnecting and reinstalling machinery, equipment, or other
personal property (including goods and inventory kept for sale) not
acquired by the City, including connection charges imposed by public
utilities for starting utility service;
g. The cost of any addition, improvement, alteration or other physical
change in or to any structure or its premises in connection with the
reassembling, reconnection, or reinstallation of machinery,
equipment, or other personal property; At the sole discretion of the
City the cost of any addition, improvement, alteration or other
physical change otherwise required to render such structure,
premises, or equipment suitable for the business use; the cost of any
addition, improvement,alteration or other physical change necessary
to bring such structure or premises into compliance with applicable
building and safety codes; the cost of modifying the machinery,
equipment, or other personal property to adapt it to the replacement
location or to utilities available at the replacement location or the
cost of modifying the power supply; claims for reimbursement of all
such costs shall be subject to the following limitations:
(1) The cost shall be directly related to displacement;
(2) Reimbursable costs shall be reasonable in amount;
(3) The cost shall be found by the City to be required by law or
ordinance or to be otherwise necessary to the reestablishment
of the displaced business;
(4) The cost could not be avoided or substantially reduced at an
alternate available and suitable site to which the business was
referred;
(5) The City shall deduct, on the basis of a reasonable estimate, the
amount, if any, realized by the displaced business concern as
� compensation for comparable additions, improvements,
alterations or other physical changes to the structure and
premises acquired, as part of the payment made for the
acquisition of such structure and premises;
(6) Such payments as are subject to the conditions and limitations
established by the City for the administration of such benefits.
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h. The cost of any license, permit, or certification required by a displaced
business concern to the extent such cost is necessary to the
reestablishment of its operation at a new location;
i. The Reasonable Cost of Consultants including: architects, engineers, or
others providing general or specialized services necessary for (i) planning
the move of the personal property, or (ii) moving the.personal property,
or (iii) installing the relocated personal property at the replacement
location. For purposes of this paragraph, and in order to avoid
duplication of payment, all such services shall not be deemed
"necessary" when the services have been or will be provided by the City
or consultants retained by the City. The necessity of other services not
provided by the City shall be determined by the City. Payment for all of
the above necessary services must be approved in writing by the City
prior to their use. Information on the area of expe�tise and the
qualifications of such persons must be provided for review and a
reasonable hourly rate or fee must be approved by the City before any
costs are incurred otherwise such services are not reimbursable. An
itemized statement of all services shall be provided to the City stating the
dates of such services; the location where services were provided; the
name, address and telephone of person or firm providing services.
j. Where an item of personal property which is used in connection with any
business is not moved but is replaced with a comparable item,
reimbursement in an amount not to exceed the lesser of:
(1 ) The reasonable replacement cost of the personal property, minus net
proceeds (if any) realized from the sale of all or part of the property,
(2) The estimated reasonable cost of moving the personal property, as
determined by the City.
In order to obtain a payment under this paragraph, the displaced business shall
make a bona fide effort to sell the personal property for which the payment is
claimed at the highest price offered after reasonable efforts have been made over
a reasonable period of time to interest prospective purchasers. The displaced
business shall be reimbursed for the reasonable costs of such effort to sell the
tangible personal property.
k. The reasonable cost of advertising the move, and of obtaining
replacement business cards, stationery, and business forms customarily
kept by comparable business enterprises.
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(1) Where, in the judgment of the City, the cost of moving any item of
personal property of low value and high bulk which is used in
connection with any business would be disproportionate in relation
to its value, the allowable �eimbursement for the expense of moving
such property shall not exceed the difference between the cost of
replacing the same with a comparable item available on the market
and the amount which would have been received for such property
on liquidation. This provision may in appropriate situations be
applied to claims involving the moving of junk yards, stockpiles,
sand, gravel, minerals, metals, and similar property.
m. A displaced business which conducts a lawful activity primarily for
assisting in the purchase, sale, resale, manufacture, processing, or
marketing of products, commodities, personal property,or services by the
erection and maintenance of outdoor advertising displays is entitled to
payment for the reasonable cost of moving such displays or their in-place
value, whichever is lesser.
2. [§ 704] Actual Direct Loss of Tangible Personal Property
A displaced business shall be compensated for the actual direct loss of
tangible personal property of the displaced business or farm operation attributable
to moving or discontinuing such business. The total amount of the payment by
the City for such loss shall not exceed an amount equal to the estimated
reasonable cost of moving the personal property, as determined by the City.
Subject to such limitation, the actual direct loss of personal property for which
claims may be filed shall be determined by appraising either:
a. The in-use value (fair market value of the personal property for
continued use at its location prior to displacement) minus net
proceeds realized from the sale of all or part of the property; or
b. The in-use value of personal property, in the event the property
cannot be sold and is abandoned.
The actual direct loss of personal property shall be computed and based on an
appraisal obtained by either the City or the displaced business, and approved by the
other.
In order to obtain a payment for the actual direct loss of personal property, the
displaced business shall make a bona fide effort to sell the personal property for which
the loss is claimed at the highest price offered after reasonable efforts have been
made over a reasonable period of time to interested prospective purchasers. The
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reasonable cost of an effort to sell the personal property shall be added to the
determination of loss under this Section.
In the event personal property which is sold or abandoned is promptiy replaced
with a comparable item, no payment for the actual direct loss of such personal
property shall be made to the displaced business by the City; instead, the displaced
business shall be paid the amount specified in Section 703j.
3. (§ 705] Actual Reasonable Expenses in Searching for a Replacement Business
Actual Reasonable Expenses incu�red in searching for a repfacement business site
which may include: transportation within a radius of fifty (50) miles from the
boundaries of the City of Redding, meals and lodging if necessary, an amount to cover
time spent during normal working hours (based on an actual confirmed hourly wage
rate not to exceed Ten and No/100 Dollars (S 10.00 per hour) and proven reasonable
fees paid to a real estate broker or agent to locate to a new site. The maximum total
amount of reimbursement for searching expenses for a new location is One Thousand
and No/100 (S 1,000.00) Receipted invoices, bills, receipts, and a completed City
Searching Cost Form must be certified and submitted for all expenses claimed. Costs
incurred in inspecting sites beyond a fifty (50) mile radius are not eligible. In
exceptional cases, and with prior written approval of the City Director, an amount over
the S 1,000.00 may be authorized when circumstances warrant.
C. [§ 706] Actual Reasonable Expenses To Reestablish
A Small Business or Nonprofit Organization
A small business or nonprofit organization shall be compensated in an amount not
to exceed S 10,000.00, for actual reasonable expenses necessary to reestablish the
small business or nonprofit organization at its new site.
D. [§ 707] Alternate Payments
1. [§ 708] Determination of Payments
a. [§ 709] Amount of Payment
A displaced business which moves or discontinues, and which meets the eligibility
requirements of Section 710, may elect to receive and shall be paid, in lieu of the
payments for which it is otherwise entitled under Section 702, a payment equal to the
average annual net earnings of the business, except that such payment shall not be
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less than S 1,000.00 or more than S20,000.00 Said dollar limitation shall apply to a
single business regardless of whether it is carried on under one or more legal entities.
b. [§ 710] Determination of Number of Businesses
In determining whether one or more legal entities, all of which have been
acquired, constitute a single business, the following factors among others, shall be
considered:
(1� The extent to which the same premises and equipment are shared;
(2) The extent to which substantially identical or intimately interrelated
business functions are pursued and business and financial affairs are -
commingled;
(3) The extent to which such entities are held out to the public, and to
those customarily dealing with such entities, as one business;
(4) The extent to which the same person or closely related persons own,
control, or manage the affairs of the entities.
2. [§ 711] Eligibility
a. [§ 712] Business
A displaced business is eligible for the payment provided for in Section 708 only
if the City determines that:
(1) The business cannot be relocated without a substantial loss of its
existing patronage, based on a consideration of all pertinent
circumstances including such factors as the type of business
conducted, the nature of the clientele, the �elative importance to the
displaced business of its present and proposed location, and the
availability of a suitable relocation site;
(21 The business is not part of a commercial enterprise having another
establishment which is not being acquired for a project and which is
engaged in the same or similar business.
(3) For purposes of this section, the term "average annual net earnings"
means one-half of any net earnings of the business before federal,
state and local income taxes during the two taxable years
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immediately preceding the taxable year in which the business moves
from the real property being acquired.
In any case the City determines that the two (2) year period prior to displacement
is not representative of the average receipts, earnings, or income, it may make use of
a more representative period.
If a displaced business does not meet any of the above conditions, the City may
nevertheless pay it the S 1,000.00 minimum amount, provided that the City otherwise
determines that such business is in fact a bona fide business.
A person whose sole business at the displacement dwelling is the rental of the
property to others shall not qualify for a payment.
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VIII. (§ 800] CITIZEN PARTICIPATION
A. [§ 801] Requirement Generally
All persons who will be displaced, neighborhood groups and any relocation
committee shall be given an opportunity to participate in reviewing the relocation plan
and monitoring the relocation assistance program.
B. [§ 802] Relocation Committee
When a substantia� number of persons will be displaced from their dwellings, the
City shall encourage the residents and community organizations in the displacement
area to form a relocation committee. The committee shall include, when applicable,
residential owner occupants, residential tenants, business people, and members of
existing organizations within the area. In lieu of initiating a new process of citizen ,
participation, public entities which have conducted or are conducting a citizen
participation process as part of an existing development program may substitute such
process if it satisfied the requirements of this section.
If a substantial number of persons will not be displaced from their dwellings, the
City shall consult with and obtain the advise of residents and community organizations
and make the relocation plan available to such persons and organizations prior to
submitting it to the legislative body for approval.
C. [§ 803] Minimum Requirements
At a minimum the City shall guarantee the following:
(1) Timely and full access to all documents relevant to the relocation program.
The City may �easonably restrict access to material where its confidentiality
is protected by law or its disclosure prohibited by law.
The City shall insure that the information in documents, the provision of
which would result in disclosure of the identity of eligible persons, is provided
in a manner designed to avoid such disclosure. This obligation to avoid
improper disclosure shall not effect the right of the person to which the
information relates, or any other person authorized in writing by such person,
to inspect such documents.
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(2) The provision of technical assistance necessary to interpret elements of the
relocation plan and other pertinent materials.
(3) The right to oral comments and objections, including the right to submit
written comments on the relocation plan and to have these comments
attached to the plan when it is forwarded to the City Council
(4) Prompt, written responses to any written objections or criticism.
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IX. [§ 900] CLAIM AND PAYMENT PROCEDURES
A. [§ 901] Filing of Claims
All claims for relocation assistance and payments filed with the City shall be
submitted within eighteen (18) months of the date on which the claimant receives final
payment for the property o� the date on which claimant moves, whichever is later.
The City may extend this period upon a proper showing of good cause.
B. (§ 902] Documentation in Support of Claim
1. (§ 903] Moving Expenses
a. [§ 904] Commercial Moves
Except in the case of a displaced resident or displaced business electing to self
move, a claim for payment of actual reasonable moving expenses shall be supported
by a bill or other evidence of expenses incurred.
Each claim in excess of S1,000 for the costs incurred by a displaced business in
moving the business operation shall be supported by competitive bids in such number
as are practical. If the City determines that compliance with the bid requirement is
impractical, or if estimates in an amount less than S 1,000 are obtained, a claim may
be supported by estimates in lieu of bids.
b. [§ 905] Self Moves
Approval of a self-move shall be conditioned upon whether the displaced person
has a permanent replacement site to move to. If so, the City may, at its sole
discretion, approve a payment for moving expenses, in an amount not to exceed the
lowest acceptable bid or estimate obtained by the City. A self-move to storage may
be approved by the City at the City's sole discretion.
Reasonable advertising costs related to the move or the sale of personal property
in lieu of moving the personal property are considered eligible. Usual advertising costs
associated with operating the business are not eligible.
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c. [§ 906] Exemption from Public Utilities Commission Regulations
Whenever the City must pay the actual cost of moving a displaced person, the
costs of such move shall be exempt from regulation by the Public Utilities
Commission. The City may solicit competitive bids from qualified bidders for
performance of the work. Bids submitted in response to such solicitations shall be
exempt from regulation by the Public Utilities Commission.
2. [§ 907] Loss of Property
A claim by a displaced business for payment for the actual direct loss of tangible
personal property pursuant to Section 704 shall be supported by written evidence of
loss which may include appraisals, certified prices, bills of sale, receipts, canceled
checks, copies of advertisements, offers to sell, auction records, and other records
appropriate to support the claim or the City may agree as to the value of the property
left in place.
3. [§ 908] Proof of Earnings
If a displaced business elects to receive an alternate payment pursuant to Section
706 of these Rules and Regulations, the business shall provide proof of its earnings
to the City. Proof of earnings may be established by income tax returns, financial �
statements and accounting �ecords or similar evidence acceptable to the City.
C. (§ 909] Payment of Moving Expenses
1. [§ 910] Advance Payment
An eligible displaced resident or displaced business may be paid for his anticipated
moving expenses in advance of the actual move. The City shall provide advance
payment whenever late� payment would result in financial hardship. Particular
consideration shall be given to the financial limitations and difficulties experienced by
low and moderate income residents and small business operations.
2. [§ 9111 Direct Payment
By prea�rangement between the City,the displaced resident or displaced business,
and the mover, evidenced in writing, the claimant or the mover may present an unpaid
moving bill to the City, and the City may pay the mover directly.
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3. [§ 912] Methods Not Exclusive
The specific provisions of these Rules and Regulations are not intended to
preclude the City's reliance upon other reasonable means of effecting a move,
including contracting moves and arranging for assignment of moving expense �
payments by displaced persons.
D. [§ 913] Payments for Replacement Dwellings
1. [§ 914] Payment for Purchase of Comparable Replacement Dwelling
a. [§ 915] Disbursement
When the City has determined the amount of the payment for purchase of a
comparable replacement dwelling to which the displaced resident is entitled and has
verified that the displaced resident occupies a comparable replacement dwelling,
payment shall be made to the displaced resident.
b. [§ 916) Provisional Payment Pending Condemnation
If the exact amount of a replacement housing payment cannot be determined
because of a pending condemnation suit, the City may make a provisional replacement
housing payment to the displaced homeowner equal to the difference between the
City's maximum offer for the property and the reasonable cost of a comparable
replacement dwelling, but only if the homeowner enters into an agreement that upon
final adjudication of the condemnation suit the replacement housing payment will be
recomputed on the basis of the acquisition price determined by the court. If the
acquisition price as determined by the court is greater than the maximum offer upon
which the provisional replacement housing payment is based, the difference shall be
refunded by_the homeowner to the City. If the acquisition price as determined by the
court is less than the maximum offe� upon which the provisional replacement housing
payment is based, the diffe�ence shall be paid to the homeowner.
c. [§ 917] Certificate of Eligibility
Upon request by a displaced homeowner or tenant who has not yet purchased and
occupied a comparable replacement dwelling, but who is otherwise eligible for a
replacement housing payment, the City shall certify to any interested party, financial
institution or lending City, that the displaced homeowner or tenant will be eligible for
the payment of a specific sum if he purchases and occupies a dwelling within the time
limits prescribed.
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2. (§ 918] Rent Differential Payments
When the City has determined the amount of the rent diffe�ential payment to
which the displaced resident is entitled and has verified that.the displaced resident
occupies a comparable replacement dwelling, payment shall be made in a lump sum
to the displaced resident.
E. [§ 919] Assistance and Payments to Persons Moving without Notice
If the City fails to inform any eligible displaced person of the relocation payments
and assistance that may be made available by the City in a timely manner, the City
shall make every reasonable effort to identify and locate such person who has moved.
Eligible displaced persons who move without offers of assistance and benefits, after
the City was required to offer assistance and benefits, shall be provided all such
assistance and payments for which they otherwise qualify. When appropriate, the
City shall also compensate such persons for additional costs incurred as a result of the
City's failure to provide timely notice and offers of relocation assistance and benefits.
F. [§ 920] Termination of Relocation Assistance
The City's relocation obligations cease under the following circumstances:
1 . A displaced resident moves to a comparable replacement dwelling and
receives all assistance and payments to which he is entitled;
2. The displaced resident moves to substandard housing; refuses reasonable
offe�s of additional assistance in moving to a decent, safe and sanitary
replacement dwelling and receives all payments to which he is entitled;
3. All �easonable efforts to trace a person have failed;
4. The business concern or farm operation has received all assistance and
payments to which it is entitled and has been successfully relocated or
has ceased operations;
5. A person displaced from his dwelling, business or farm operation refuses
reasonable offers of assistance, payments and comparable replacement
dwellings.
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X. [§ 1000] GRIEVANCE PROCEDURES
A. [§ 1001] Purpose
The purpose of the Grievance Procedures is to attempt to resolve disputes
between the claimant and the City at the lowest possible administrative level while
affording the claimant an opportunity to have a full and fair review of his case.
Therefore, all relevant evidence should be presented at the lowest level of these
proceedings. In any case where such evidence could have been presented at a lower
level and the claimant failed to do so, the Relocation Appeals Board may refer the
matter back to the lower level for consideration and determination prior to their
considering such evidence.
B. [§ 1002] Right of Review
Initial Determination: Any displaced person or business who is not satisfied with
a determination as to eligibility, amount of payment, and failure by the City to provide
comparable permanent or adequate temporary replacement housing or the City's
prope�ty management practices, or not properly applying approp�iate regulations, at
his election, may have his claim reviewed and reconsidered in accordance with the
following procedures.
A claimant shall request the City's designated representative to provide him with
a full written explanation of the determination and the basis therefore, which
explanation shall be provided within three weeks from the date of receipt of the
request.
C. [§ 1003] Informal Oral Presentation
Deoartment Head Review: If the claimant feels that the written explanation is
incorrect or inadequate, he may request an informal hearing with the Department
Head.
(11 To obtain an informal hearing before the Department Head, claimant must
complete a relocation complaint form with the Department Head within
(540) days from the date he moves from the acquired property or
receives final compensation for displacement from the property,
whichever is later.
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(a) Within fifteen (15) days from the date of receipt of claimant's
Relocation Complaint form for an informal hearing, he will be
afforded an opportunity to make an oral presentation, or to request
a written review by the Department Head of the relevant documents
and written materials submitted by the claimant.
(b) The claimant may be represented by an attorney or other person of
his choosing at the oral hea�ing (at the cost of the claimant).
(c) The Department Head shall prepare a summary of the matters
discussed and determinations made during the informal hearing, or
written review, and serve a copy thereof upon the claimant.
(d1 The Department Head shall review and reconsider the initial
determination of the claimant's case in light of:
- All material upon which the City based its original determination
including all applicable rules and regulations;
- The reasons given by the claimant for requesting review and
reconsideration of his claim;
- Whatever additional written material has been submitted by the
claimant; and �
- Any further information which the Department Head may, in his
discretion, obtain by request, investigation or research, to insure
fair and full review of the claim.
(2) The final determination on review by the Department Head shall include,
but is not limited to:
(a) The Department Head's decision on reconsideration of the claim;
(b) The factual and legal basis upon which the decision is based,
including any pertinent explanation or rationale; and
(c) A statement of claimant's right to seek within (45) days further
review of his claim by the Relocation Appeals Board and an
explanation of the steps the claimant must take to obtain this
review.
(3) The right to a formal hearing shall not be conditioned upon first obtaining
an informal hearing by the Department Head.
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D. [§ 1004] City Council Review
If the claimant feels that the Department Head's determination foilowing the
informal oral hearing, or written review by the Department Head is incorrect or
inadequate, he may request a formal hearing before the City Council.
To obtain a formal hearing before the City Council the claimant must request in
writing that the Department Head schedule such a hearing. Such request shall be
made within (540) days from the date of the Department Head's determination
following the informal hearing or the Department Head's written review.
�1) Within fifteen (15) days from the date of receipt of claimants written
request, he will be notified of the formal hearing date. If the claimant
requests additional time to prepare material for consideration and shows
good cause therefore, the hearing date shall be continued to another
date.
(2) The City Council shall have the autho�ity to revise the initial
determination or the determination made at an informal hearing, subject
to approval thereof by the City Manager or his/her designee.
(3) The City Council shall, at the time it gives notice of the formal hearing
date, notify the claimant that he has the �ight to be represented by an
. attorney or others at his own expense, to present his case by oral or
documentary evidence; the right to submit oral or documentary evidence;
the right to submit rebuttal evidence to conduct such cross examination
as may be required for a full and true disclosure of facts; and the right to
seek judicial review once claimant has exhausted administrative appeal.
(4) The City Council shall review and reconsider the initial determination
and/or the determination made at an informal hearing taking into
consideration all material upon which the challenged determination was
made, all applicable �ules and regulations, the reasons given by the
claimant for requesting review, any additional relevant evidence, oral or
documentary, submitted by either the claimant or the City's
�epresentatives. No evidence may be relied upon by the City Council
where the claimant has been improperly denied an opportunity to rebut
evidence or cross-examine a witness.
(5) The City Council shall make its determination within six weeks from the
date on which the formal hearing is concluded or the date of receipt of
the last mate�ial submitted, whichever is later.
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(6) The City Council's determination shall be made in writing and shall
contain its decision, the factual and legal basis upon which the decision
is made and a statement informing the claimant of his right to seek
judicial review.
(7) The claimant shall be promptly served with a copy of the City Council's
determination.
E. [§ 1005] Time Limits
n r I: The Department Head may extend any of the time limits specified in this
Article upon a showing of good cause. Any refusal to waive a time limit may be
reviewed in accordance with the procedures set forth in subparagraph (5)a. above;
provided, however, any request to review shall be made within ninety (90) days from
the date of receipt by (claimant's1 of written notice that the request to extend time has
been denied.
F. [§ 1006] Review of Files By Claimant
The claimant may inspect all files and records bearing upon his claim or the
prosecution of the cfaimant's grievance, except to the extent the confidentiality of the
material sought or the disclosure thereof is protected or prohibited by law.
G. [§ 1007] Effect of Determination
Determinations made by the City shall be applicable to all eligible persons in
similar situations regardless of whether any such eligible person seeks a review. All
written determinations shall be filed in the reco�ds of the City and available for public
inspection.
H. [§ 1008] Right to Counsel
Any claimant has the right to be represented by an attorney at his expense at any
and all stages of the proceedings set forth in this Article.
I. [§ 1009] Further Review
If the City denies the eligibility of a claimant for a payment, or disapproves the full
amount claimed, or refuses to consider the claim on its merits because of untimely
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filing, or any other ground, the City's notification to the claimant of its determination
shall inform the claimant of ifis reasons therefore, and shall also inform the claimant
of the applicable procedures for obtaining further review of this determination.
These regulations prescribe the City of Redding procedures for granting
administrative relief to any person aggrieved by a determination as to eligibility for a
payment authorized by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and the State of California Government Code Section
7260, et. seq., with regard to the obligation of the City to refer such person to an
adequate replacement dwelling or to any person aggrieved by a determination as to
eligibility for a payment authorized by the above legislation to provide the opportunity
for his application to be reviewed by the appropriate department responsible for
administering such payments.
J. [§ 1010] Severability
Severabilitv: If any provision of these rules and regulations or the application
thereof to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of this law which can be given effect without the
invalid provision or application, and to this end the provisions of this law are
severable.
K. [§ 1011) Application of Rules & Regulations
A�olication of Rules: These rules and regulations shall be applicable on or after
their effective date of adoption of the City.
L. [� 1012] Amendments
Amendments: The City reserves the right to amend these rules, regulations,
procedures, and policies.
M. [§ 1013] Joint Complainants
Whe�e more than one person is aggrieved by the failure of the City to refer them
to comparable permanent or adequate temporary replacement housing the
complainants may join in filing a single written request for review. A determination
shall be made as herein provided for each of the complainants.
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N. [§ 1014] Judicial Review
Nothing in this section shall in any way preclude or limit a claimant from seeking
judicial review of a claim upon exhaustion of such administrative remedies as are
available under this section.
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XI.[§ 1100] ACQUISITION PROCEDURES
A. [§ 1101] Acquisition of Property by Negotiation
The City shall make every reasonable effort to acquire property by negotiation and
to do so expeditiously. In order to do so the City shall, to the greatest extent
practicable, be guided in its property acquisixion practices by the provisions of this
Section 1100. Provided however, that the provisions of Sections 1102, 1103, 1106
and 1108 shall not apply to the acquisition of any easement, right-of-way, covenant,
or non-possessor interest in real property to be acquired for the construction,
reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement
of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm
water drains. �
B. [§ 1102] Appraisal of Property
Before negotiations are initiated to acquire property, the City shall have the
property appraised, giving the owner or his designated representative an opportunity,
by reasonable advance written notice, to accompany the appraiser during the
inspection of the property. If a property is "offered for sale" pursuant to Government
Code §7267.2(b1, or if p�operty is acquired by donation to the City, an appraisal is not
required. An appraisal is not required if the fair-market value of the property to be
acquired is estimated at 52,500 or less based on a review of available data.
C. (§ 1103] Notice of Decision to App�aise
1. [§ 1104] Contents of Notice
The City shall provide the owner with written notice of its decision to appraise the
real property as soon as possible after the decision to appraise has been reached. The
notice shall state, as a minimum, that:
a. A specific area is being considered for a particula� public use;
b. The owner's property is located within the area;
c. The owner's property, which shall be generally described, may be
acquired in connection with the public use; and
d. A statement that the owner or his representative (designated in
writing) shall be given the opportunity to accompany each appraiser
during his inspection of the property.
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2. [� 1105] Information Statement: Property Acquisition Procedures
At the time the City notifies an owner of its decision to appraise real property it
shall furnish the owner with a written explanation of its land acquisition procedures,
describing in non-technical, understandable terms the City's acquisition procedures
and the principal rights and options available to the owner. Such statement shall
inform the owner of the property that if the City decides to acquire the subject
property certain prescribed land acquisition procedures will be followed and the
statement shall include the following explanations:
a. A description of the basic objective of the City's land acquisition
program;
b. A statement that, if the acquisition of any part of the real property
would leave the owner with an uneconomic remnant, the City will
offer to acquire the uneconomic remnant, if the owner so desires;
c. A statement that, if the owner of real property is also the owner of
a business conducted on the real property to b� acquired, or on the
remainder, he has a possible right to compensation for loss of
goodwill. The City shall include a copy of the pertinent provisions
of the Eminent Domain Law (Code of Civil Procedure, Section
1263.510 et seq.);
d. A statement that, if the owner is not satisfied with the City's offer
of just compensation he will be given a reasonable opportunity to
present relevant material, which the City will carefully consider, and
that if a voluntary agreement cannot be reached the City, as soon as
possible, will either hold a hearing in connection with the matter of
a resolution of necessity or give a notice that it does not intend, at
this time, to proceed with any acquisition of the property.
e. A statement that, construction or development of a project shall be
scheduled that,to the greatest extent practicable, no person lawfully
occupying real property shall be required to move from a dwelling
(assuming a comparable replacement dwelling will be available) or to
move his business without at least 90 days written notice from the
City of the date by which the move is required;
f. Subsequent to acquisition or an Order of Prejudgment Possession, a
statement that, if arrangements are made to rent the property to an
owner or his tenant for a short term or for a period, subject to
termination by the City on short notice, the rental will not exceed the
lesser of the fair rental value of the property to a short term occupier
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or the pro rata portion of the fair market value for a typical rental
period. If the owner or tenant is an occupant of a dwelling, the
rental for the dwelling shall be within his financial means.
D. (§ 1106] Establishment of Just Compensation
1 . Before negotiations are initiated to acquire property, the City shall
establish an amount it believes to be just compensation for the property,
which amount shall, in no event, be less than the City's approved
appraisal of the fair market value of the property.
The determination of just compensation shall be based upon consideration of:
a. The real property being acquired; and
b. Where the real property acquired is part of a larger parcel, the injury
or benefit, if any, to the remainder.
Any decrease or increase in the fair market value of real property to be acquired
prior to the date of valuation caused by the project for which such property is
acquired, or by the likelihood that the property would be acquired for such project,
other than that due to physical deterioration within the reasonable control of the
owner or occupant, will be disregarded in determining the compensation for the
property.
2. Notwithstanding subdivision 1 ., the City may make an offer to the owner or
owners of record to acquire real property for less than an amount which it
believes to be just compensation thereof if (11 the real property is offered for
sale by the owner at a specified price less than the amount the City believes
to be just compensation thereof, (2) the City offers a price which is equal the
specified p�ice for which the property is being offered by the landowner, and
(3) no federal funds are involved in the acquisition, construction, or project
development.
3. As used in subdivision 2., "offered for sale" means any of the following:
a. Directly offered by the landowner to the City for a specified price in
advance of negotiations by the City
b: Offered for sale to the general public at an advertised or published,
specified price set no more than six (6) months prior to and still .
available at the time the City initiates contact with the landowner
regarding the City's possible acquisition of the property.
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E. [� 1107] Uneconomic Remnant
Whenever a part of a parcel of property is to be acquired by the City for a public
use and the remainder, or a portion of the remainder, will be left in such size, shape
or condition as to constitute an uneconomic remnant the City shall offer to acquire the
remnant if the owner so desires. An uneconomic remnant is a parcel of real property
in which the owner retains an interest after partial acquisition of this property and
which has little or no utility or value to such owner.
A person whose real property is being acquired, may, after the person has been
fully informed of his or her right to receive just compensation for the property, donate
the property, any part thereof, any interest therein, or any compensation paid therefor
to a public entity determined by the person.
F. [§ 1108] Initiation of Negotiations
1. (§ 1109] Written Offer
The City shall make its first written offer to acquire the property as soon as
practicable following service of the Notice of Decision to Appraise. Such offer shall
be made as soon as possible after the amount of just compensation is established, and
for the full amount so established.
2. [§ 1110] Statement of the Basis of Just Compensation
At the time the City makes its offer to acquire the property it shall provide the
owner with a written statement of the basis for determination of just compensation.
The statement shall include the following:
a. A general statement of the public use for which the property is to be
acquired;
b. A sufficiently detailed description of the location, and extent of, and
interest in, the p�operty to be taken;
c. An inventory identifying the buildings, structures, fixtures, and other
improvements;
d. A recital of the amount of the offer and a statement that such
amount:
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(1 ) Is the full amount believed by the City to be just compensation
for the property taken;
12) Is not less than the approved appraisal of the fair market value
of the property;
(3) Disregards any decrease or increase in the fair market value of
the �eal property to be acquired prior to the date of valuation
caused by the project for which the property is to be acquired,
or by the likelihood that the property would be acquired for such
project, other than that due to physical deterioration within the
reasonable control of the owner or occupant;
(4) Does not reflect any consideration of or allowance for any
relocation assistance and payments or other benefits which the
owner is entitled to receive under an agreement with the City
except for an amount to compensate the owner for that portion
of loss of goodwill provided in accordance with section 6100 of
the State guidelines;
(5) Does not reflect any consideration for loss of goodwill for which
the owner may claim payment under procedures set forth in the
City's Relocation Rules and Regulations for implementation of
the California Relocation Assistance Law and Property
Acquisition Procedures.
G. [§ 1111] Loss of Goodwill
Nothing in this Section 1100 shall be construed to deprive a tenant of the
right to obtain payment for his property interest as otherwise provided by law.
As soon as practicable after the initiation of negotiations the City shall provide
written notification to the owner of a business conducted on the real property to
be acquired or on the remainder, who is not also the owner of the real property,
concerning his possible right to compensation for loss of goodwill. The City shall
include a copy of the pertinent provisions of the Eminent Domain Law (Code of
Civil Procedure, Section 1263.510) and these Rules &Regulations (Section 1112).
H. [§ 1112] Compensation for Loss of Goodwill
Notwithstanding any other p�ovisions of Section 1100 to the contrary, the
procedure for determining and offering compensation for loss of goodwill in
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connection with the City's acquisition of any property shall be governed by
Sections 1113 through 1119.
1. [§ 1113] Compensation Generally
With respect to the owner of a business conducted on prope�ty acquired by
the City, or on the remainder if such property is part of a larger parcel, the amount
of just compensation to be paid by the City may include consideration of loss of
goodwill, to the extent required by law and these Rules and Regulations.
Within the meaning of this Section 1112, "goodwill" consists of the benefits
that accrue to a business as a result of its location, reputation for dependability,
skill or quality, and any other circumstances resulting in probable retention of old
or acquisition of new patronage.
In order to be entitled to compensation on loss of goodwill such owner of a
business shall first have proved all of the following:
- a. The loss is caused by the acquisition of the property or the injury
to the remainder;
b. The loss cannot reasonably be prevented by the relocation of the
business or by taking steps and adopting procedures that a
reasonably prudent person would take and adopt in preserving
the goodwill;
c. Compensation for the loss will not be included in payments
under Section 700 of these Rules and Regulations;
d. Compensation for the loss will not be duplicated in the
compensation otherwise paid to the owner.
2. [§ 1114] Notice of Intent to Claim Loss of Goodwill
Prior to a business completing its relocation from property acquired by the
City, or prior to the date such business discontinues, the owner of such business
may notify the City that it intends to provide satisfactory documentation of items
a. through d. in Section 1113.
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3. [� 1115] Conference to Discuss Eligibility to Receive Compensation for
Loss of Goodwill
Upon receipt of the notice required by Section 1114, the Department Head or
designee shall confer with the claimant regarding the issues set forth in Section
1113. Based upon review and consideration of information presented at said
conference, the Department Head will make a recommendation to the City Council
as to whethe� or not a goodwill appraisal should be made.
If the City Council concurs in the recommendation to make a goodwill
appraisal, then the City shall authorize an appraisal provided that it shall be for the
purposes of negotiation and shall not be binding upon the City. In the event that
the City does authorize an appraisal of goodwill, notice of this decision to appraise
shall be given to the business owner/claimant.
4. [§ 1116] Business Records; Authorization to Negotiate
If the determination to appraise loss of goodwill is made as provided in
Section 1115 the owner of the business shall provide to the City such business
records as the City may require, including, but not limited to federal and state
income tax returns, financial statements and accounting records, for confidential
use for the purpose of appraising the loss of goodwill of the business.
5. [§ 1117] Calculation of Net Amount of Just Compensation for Loss of
Goodwill for Negotiation Purposes
The City shall calculate the amount it believes to be the net amount of just
compensation for loss of goodwill to which the business is entitled, considering:
a. The amount the City believes for negotiating purposes to be the total
amount of loss of goodwill of the business; and
b. Any compensation for loss of goodwill the City determines is
included in payments made or to be made under Section 700 of
these Rules and Regulations.
6. (§ 1118) Notice to Owner; Written Offer
As soon as possible after the net amount of just compensation (if anY) for loss of
goodwill has been calculated, the City shall make its written offer to the business
owner/claimant to compensate the claimant in such amount.
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7. [§ 1119] Eminent Domain
Notwithstanding any other provision of Section 1112 to the contrary, in the event
an eminent domain proceeding is brought by the City to acquire any property, the
owner of any business thereon shall claim compensation for loss of goodwill in
connection with such proceeding, and the failure to do so shall constitute a waiver of
compensation for loss of goodwill.
I. [§ 1120] Negotiations; Eminent Domain
Prior to the commencement of an eminent domain proceeding to acquire real
property:
1 . The City shall make reasonable efforts to discuss with the owner its offer
to purchase the owner's real property;
2. The owner shall be given reasonable opportunity to present material
which he believes to be relevant as to the question of value and to
suggest modification in the proposed terms and conditions of the
purchase, and the City shall carefully consider the owner's presentation;
3. If the evidence presented by an owner or a material change in the
character or condition of the property indicates the need for a new
appraisal or if a significant delay has occurred since the determination of
just compensation, the City shall have its appraisal updated;
4. If a modification in the City's determination of just compensation is
warranted, an appropriate price adjustment shall be made and the new
account determined to be just compensation shall be promptly offered in
writing to the owner.
In no event shall the City either advance the time of condemnation, or defer
negotiations or condemnation and the deposit of funds in court for the use of the
owner, or take any other action coercive or misleading in nature, in order to compel
or induce an agreement on the price to be paid for the property.
If the City holds the required hearing and adopts a resolution of necessity to
acquire any interest in property, the City shall promptly institute formal condemnation
proceedings. The City shall not intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of his property.
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J. [� 11211 Notice of Decision Not to Acquire
Whenever the City has forwarded a Notice of Intent to Displace, a Notice of
Decision to Appraise, or has made a firm offer and subsequently the City decides not
to acquire the property, the City shall serve a notice in writing on the owner, all
persons occupying the property and all other persons potentially eligible for relocation
payments and assistance. The notice shall state that the City has decided not to
acquire the property. It shall be served not later than ten (10) days following the date
of the City decision not to acquire. Upon receipt of such notice any person shall be
deemed not to be a displaced person.
K. [§ 1122) Incidental Expenses
If the real property is acquired by purchase, the City shall reimburse the owner,
for all reasonable expenses the owner necessarily incurred incidental to the
conveyance of such property to the City. Among the expenses requiring payment are
the following:
1 . Recording fees, transfer taxes and similar expenses incidental to
conveying the real property;
2. The pro rata portion of charges for public service, such as water,
sewage, and trash collection which are allocable to the period
subsequent to the date of transfer of title to the City, or the effective
date of possession of such property by the City, whichever is earlier.
The City shall inform the owner that he may apply for a rebate of the pro rata
po�tion of any real p�operty taxes paid, which are allocable to the period subsequent
to the date of transfer of the property to the City.
L. [§ 1123] Purchase Price as Public Information
The purchase price and other consideration paid by the City for real property is
public information and shall be made available upon request.
M. (§ 1124] Service of Notice
Service of all notices required by this Section 1100 shall be made either by first
class mail o� by personal service upon the person notified.
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XII. [§ 1200] PROPERTY MANAGEMENT PRACTICES
A. (§ 1201] Short Term Rental
If the City permits an owner or tenant to occupy the acquired reai property on a
rental basis for a short term or for a period subject to termination by the City on short
notice, the amount of rent required shall not exceed the lesser of the fair rental value
to a short term occupier or a pro rata portion of the fair rental value for a typical rental
period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling
shall be within his financial means.
B. [§ 1202] Notice to Vacate
The construction or development of a project shall be so scheduled that no eligible
person occupying real property shall be required to move from a dwelling, or to move
his business, without at least ninety (90) days written notice from the City of the date
by which such move is required. The City shall notify each individual tenant to be
displaced as well as each owner-occupant.
C. [§ 1203] Eviction
Eviction is permissible only as a last resort. Relocation records must be
documented to reflect the specific circumstances surrounding the eviction. Eviction
may be undertaken for one or more of the following reasons:
1 . Failure to pay rent, except in those cases where the failure to pay is the
result of lessor's failure to keep the premises in habitable condition, is the
result of harassment or retaliatory action or is the result of
discontinuation or substantial inte�ruption of services;
2. Remaining in possession after expiration or termination of the term;
3. Performance of a dangerous or illegal act on the property;
4. Material b�each of the rental agreement and failure to correct such breach
within thirty (30) days of notice;
5. Maintenance of a nuisance and failure to abate within a reasonable.time
following notice;
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6. Refusal to accept one of a reasonabie number of offers of replacement
dwellings;
7. The eviction is required by State or local law and cannot be prevented by
reasonable efforts on the part of the City.
8. Failure to execute a rental agreement with the City provided the 90 day
notice to vacate had been given, relocation information had been given
at least 90 days prior to eviction, and referrals to comparable
replacement housing have been given.
D. [§ 1204] Status of Post=Acquisition Tenants
1. [§ 1205] Notice of Status
The City shall inform prospective post-acquisition tenants, before they occupy the
property, that the property has been acquired for a public use and will be available
only in the interim between acquisition and development and that development for
such use may result in termination of the tenancy sooner than would otherwise be
expected.
The City shall also inform prospective post-acquisition tenants regarding the
projected date of displacement and, pe�iodically, shall inform post-acquisition tenants
of any changes in such date.
2. [§ 1206� Notice to Vacate
A post-acquisition tenant who occupies acquired real property on a rental basis
for a short term and who is informed that the property has been acquired for a public
use shall be given any notices required by law.
3. (� 1207] Eligibility for Relocation Assistance and Payments
Post-acquisition tenants are not eligible for relocation assistance and payments if,
before occupying the property, they are informed by the City that the property has
been acquired for a public use and will be available only in the interim between
acquisition and development and that development for such use may result in
termination of the tenancy sooner than would otherwise be expected. When so
informed, post-acquisition tenants are not eligible even though they move as a result
of a written order from the City to vacate the real property.
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Persons who become post-acquisition tenants after the effective date of these
Rules and Regulations who are not so informed and who move as a result of a written
order from the City to vacate are eligible for relocation assistance and payments,
except where they are evicted in accordance with Section 1203 of the Rules and
Regulations.
4. (§ 1208] Move from Permanent Housing
Whe�e the City, on property it owns, is making housing available on a permanent
basis (i.e., not pending developmentl, a post-acquisition tenant who moves as a result
of a written order from the City to vacate is eligible for relocation assistance and
payments if the order to vacate is related to a plan to demolish or rehabilitate such
dwelling units. A post-acquisition tenant who is required to move as a result of the
sale of such dwelling units to a private person for demolition or rehabilitation is eligible
without need for a written order to vacate from the City.
5. [§ 1209] Service of Notice
Service of all notices required by this Section 1200 shall be made either by
certified mail, return receipt requested or by personal service upon the person to be
notified.
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