HomeMy WebLinkAboutReso. 1976-008 - Approving and adopting City relocation policyRESOLUTION NO. 7Z — Z,' --
A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND ADOPTING CITY OF REDDING RELOCATION POLICY.
WHEREAS, the Federal Uniform Relocation Assistance and
Land Acquisition Policies Act of 1970, Public Law 91-646, and the
State Relocation Assistance Law, Sections 7260, et seq. of the
California Health and Safety Code, require all public agencies
in the state to adopt rules and regulations to implement and
administer relocation payments in conformance with guidelines
adopted by the State Commission on Housing and Community Develop-
ment, and
WHEREAS, the Department of Planning and Community Develop-
ment of the City of Redding has prepared and submitted for approval
the attached Relocation Policy as the Relocation - Land Acquisition
Policy of the City of Redding, to satisfy such requirements, and
WHEREAS, said attached Relocation Policy summarizes the
provisions of the Federal Uniform Relocation Assistance and Land
Acquisition Policies Act of 1970 and shall be administered subject
to the provisions of that Act, and
WHEREAS, the City Council deems it to be in the best
interests of the City of Redding and its citizens to approve and
adopt the attached City of Redding Relocation Policy as the Reloca-
tion - Land Acquisition Policy of the City of Redding,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Redding that the attached City of Redding Relocation
Policy is hereby approved and adopted as the Relocation - Land
Acquisition Policy of the City of Redding to conform with Federal
and State relocation regulations, Arid said Relocation Policy shall
be administered subject to the provisions of the Federal Uniform
Relocation Assistance and Land Acquisition Policies Act of 1970.
I HEREBY CERTIFY that: -the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 19th day of January 1976, and was
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duly adopted at said meeting by the following vote:
AYES: COUNCILMEN: Anderson, Demsher. Pugh, and Fulton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Denny
LEE...D,....F.ULTON, .M.*D.
Vice=Mayor -of' the -City ':of Redding
ATT. ST
ILDRED L. BRAYTON, City Clerk
FORM APPROVED:
EARL D. MURPHY,' Cir AJ�Forney
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45
.-a. 9,
C I T Y 0 F R E D D I N G
R E L 0 C A T 1 0 N P 0 L I C Y
.A
Prepared by
Department of
Planning and Community Development
October, 1975
Page No.
:. SECTION 1 - INTRODUCTION
1
- Administrative Organization
1
Specific Relocation Plans
].
Relocation Assistance
2
'
Relocation Standards
3
SECTION 2 - RELOCATION PAYMENTS
8
Moving and Related Expenses
8
Payments in Lieu of -Moving and Related Expenses
12
Replacement Housing Payment for Homeovaiers
14
Replacement Housing Payments for Tenants
and Others
18
SECTION 3 - GRIEVANCE PROCEDURES
21
Right of Review
21
Notification to Claimant
21
Request for Review _
.21
City Review
22
SECTION 4 - UNIFORM REAL PROPERTY ACQUISITION POLICY
25
Acquisition Procedures
25
SECTION 5 - EVI.CTION
27
SECTION 6 - TERMINATION OF RELOCATION ASSISTANCE
27
SECTION 7 - RECORDS
28
SECTION 8 - RESIDENT INVOLVEMENT
28
SECTION 9 - EVALUATION
28
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SECTION 1 - INTRODUCTION
La
The City of Redding will implement the following relocation
policies -in accordance with Title I and Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970, Title VI of the Civil Rights Act: of 1964, Title
VII of the Civil Rights Act of 1963 and. the California Relocation
Assistance Act. These policies shall be used for all relocation
assistance and property acquisition by the City of Redding to
assure uniform, fair and equitable treatment of any persons
displaced by a city program.
A.. ADMINISTRATIVE ORGANIZATION
To effectively coordinate and administer relocation activ-
ities the Planning and Community Development Department of the
City of Redding is assigned the responsibility of administering
this policy. This Department shall serve as a central_ point
for referrals and assistance; shall maintain complete and uni-
form relocation records, and a current inventory of all suitable.
housing resources; shall endeavor to coordinate displacement
activities with housing availability; and shall avoid subordi-
.. LLaLillJ; tCiUl:aLiull adtilinisLration uo other program act7_vi.ti.es.
rhe Department of Planning and Community Development shall
assure that assistance and payments are provided to displacees
in accordance with the appropriate state and federal regulations,
as cited in the Relocation Policy.
The City will employ qualified personnel to implement this
Relocation Policy who will report and be responsible directly
to the Housing Administrator of the City of Redding.
The City Attorney is responsible for all land acquisition
by the City and shall adhere to acquisition procedures identi-
fied in this Policy. The City Attorney shall coordinate his
acquisition activities with departments -of the City requiring
land purchases and the Department of Planning and Community
Development. The Department of Planning and Community Develop-
ment shall provide the City Attorney assistance required to
implement relocation aspects of this Policy.
B. SPECIFIC RELOCATION PLANS
A relocation plan shall be prepared for any project of the
City which will result in the displacement of any family, indi-
vidual, or business with the City. Specific relocation plans
will conform to and by reference incorporate this Relocation
Policy. Relocation plans shall include:
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].. A site occupant survey identifying numbers of
families individuals and businesses to be re-
located, and in the case of families and indi-
viduals, information to identify rehousing
needs.as related to family size and ability to
pay.
2. A rehousing survey identifying housing resources
by numbers, sire, rent or sales price expected
to be available during the displacement period.
3. An acquisition and. relocation time schedule.
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i 4. An estimate of relocation costs.
5. A program designed to provide relocation infor-
mation to project residents.
C. RELOCATION ASSISTANCE
The City of Redding shall establish a relocation assistance
advisory program to assist eligible persons in the following
manner:
1. Fully inform eligible persons at the earliest possible
date as to the availability of relocation payments and
assistance and the eligibility requirements therefore,
as well as the procedures for obtaining such payments
and assistance.
2. Through direct personal interview, determine the
extent of the need of each eligible person for
relocation assistance.
3. Provide current and continuing information on the
availabi-lit-y, prices, and rentals of comparable
sales and rental housing and of comparable
commercial properties and locations.
4. Assure that within a reasonable period of time prior
to displacement, there will be available adequate
replacement housing, meeting HUD approved standards,
and equal in number to the number of, and Available
to, eligible persons who will be displaced.
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5. Assist any eligible person di.spl..Lced from a business
or farm operation in obtaining and becoming estab-
lished in a suitable replacement location.
6. Supply to eligible displaced persons information con-
cerning federal and state housing programs, disaster_
loans, and other programs administered by the Small.
Business Administration and other federal_ or state
programs offering assistance to displaced persons.
7. Provide other advisory services to eligible persons,
such as counseling wnd referrals with regard to
housing, financing, employment, training, health,
welfare, and other assistance in order to minimize
hardships.
8. Assist each person in completing any required appli-
cations and forms.
9. Inform all persons who are expected to be displaced by
acquisition about the eviction policies to be pursued
in carrying out the project.
10. Insure adequate inspection of all relocation housing
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11. Provide any services required to ensure that the
relocation process does not result in different or
separate treatment on account of race, color, religion,
national origin, sex, or source of income.
D. RELOCATION STANDARDS
1. Ability to Pay
The average monthly housing costs shall not exceed
twenty-five percent of the monthly gross income
of the family or individual. Average monthly
housing costs shall include monthly mortgage payments,
rent, insurance, property taxes, and utilities.
Income
"Gross Income" is the annual income from all sources
of each member of the family residing in the household
who is 18 years of age or over (except that the income
of a head of household or his spouse who is under 18
shall be included). Gross annual income is based on
the twelve month period prior to displacement.
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Determination of Ability To Pay
•
The City shall determine the claimant's ability
to pay in accordance with the procedure in the
following paragraph, "General Rule" unless the
claimant receives public assistance that designates
a specified amount for housing assistance. In that
case, the procedure set forth under "Exception"
shall be followed. Ability to pay for a claimant
who receives public assistance that does not
designate an amount for housing cost is determined
in accordance with the General Rule.
General Rule.
The City shall apply the established ratio to the
displaced family's or individual's average monthly
gross income and add to the resultant figure the
amount of any replacement housing payment available
to the family or individual. The total amount,
that is, twenty-five percent of average monthly
gross income, plus the amount of any replacement
housing payment on a monthly basis sets the maximum
monthly cost of housing to which the family or
individual may be referred.
Exception.
If the displaced family or individual receives public
assistance that designates an amount for housing cost
the City shall consider that amount, plus the amount
of any replacement housing payment, on a monthly basis,
as the displaced family's or individual's ability to
pay•
2. Environmental Standards
The City shall not proceed with any phase of a project
which will cause the displacement of any person until
it has determined that within a reasonable period. of
time prior to displacement there will be available
decent, safe and sanitary dwellings, equal in number
to the number of, and available to, such displaced
persons who require such dwellings, and reasonably
accessible to their places of employment. Such
dwellings will. be available on a basis consistent
with requirements of Title VIII of the Civil Rights
Act of 1968, in areas not generally less desirable
in regard to public utilities and public and commer-
cial facilities and at rents or prices within the
means of the families and individuals displaced.
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3 . Equal Opportunity Standar- ds
1
All. listings and referrals to families and indi-
viduals in the relocation workload will he open
to all regardless of race, color, religion, or
national origin, in a manner consistent with
Title VIII of the Civil Rights Act of 1968, and
available without discrimination based on source
of income, i.e., welfare.
4. Physical and Occupancy Standards
The following criteria shall be used in selecting
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replacement housing:
a. A decent, safe, and sanitary dwelling meeting
all of the following minimum requirements.
Adjustments may be made only in the case's of
unusual circumstances.
(1) Conforms with all applicable provisions
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for existing structures that have been
established under state or local_ build -
occupancy cosies, and similar ordinances
or regulations.
(2) Has a continuing and adequate supply of
potable safe water.
(3) Has a kitchen or an area. set aside for
kitchen use which contains a sink in
good working condition and connected
to hot and cold water, and an adequate
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sewage system. A stove and refrigerator
in good operating condition shall be
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provided.
(4) Has an adequate heating system in good
-'
working condition which will maintain
a minimum temperature of 70 degrees in
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the living area, excluding bedrooms,
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under local_ outdoor design temperature
conditions.
(5) Has a bathroom, well -lighted and. venti-
lated 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 main-
tained:
(8) Each building used for dwelling pur-
poses shall have a safe unobstructed
means of egress leading to safe open
space at ground level. Each dwelling
unit in a multi -dwelling building
must have access either directly or
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of egress to open space at ground level.
In multi -dwelling buildings of three
stores or more, the common corridor
on each story must have at least two
means of egress.
(9)
Have 150 square feet of habitable floor.
space for the first occupant in a
standard living unit and at least 100
square feet of habitable floor space
for each additional occupant-. The
floor space is to be subdivided into
sufficient rooms to be adequate for
the family. All rooms must be ade-
quately ventilated. Habitable floor
space is defined as that space used
for sleeping, living, cooking, or
dining purposes, and excludes such
enclosed spaces as closets, pantries,
bath or toilet rooms, service rooms,
connecting corridors, laundries, and
unfinished attics, foyers, storage
spaces, cellars, utility rooms and t
similar spaces.
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b. A decent, safe and sanitary sleeping room is one
which includes the minimum requirements listed
above and the following:
(1) At least 100 square feet of habitable
floor_ space for the first occupant and
50 square feet of habitable floor space
for each additional occupant.
(2) Lavatory, bath and toilet facilities
that provide privacy, including a door
that can be locked if such facilities
are separate from the room.
c. A decent, safe, and sanitary mobile home is
one which includes the minimum requirements
Listed above, except that it may have 70
square feet of habitable floor space for
each additional occupant, .and the following:
(1) Bears the insignia of approval issued
by the State of California, Department
of Housing and Community Development,
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and Safety Code, except those manufactured
prior to September 1, 1958.
Housing provided as a last resort
When it is determined that adequate replacement
housing is not available and cannot be otherwise
made available, the Department of Planning and
Community Development will endeavor to develop
replacement housing, in accordance with Part 43.
of Title 24 CFR.
5. Temporary Relocation
If adequate permanent replacement relocation resources
are not available at the time of displacement, tem-
porary relocation may be used. This shall not diminish
the City's responsibility to offer relocation assist-
ance and services needed to obtain permanent rehousing
and shall be no less desirable in character than those
dwellings vacated by the displaced families. Individual
case files shall include an explanation of the neces-
sity for the temporary move, an estimated duration of
the temporary occupancy, in the case of a family or
individual a written assurance will be provided to
explain their rights and the continuing obligation
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-de relocation assistance
of the City to p
and evidence that the :family or individual
agrees to make the move. In the case of
i businesses the estimated cost of the move and
any other pertinent information which
justify the expenditure of funds.
} SECTION 2 - RELOCATION PAYMENTS
A. MOVING AND REUTED EXPENSES
1. Eli&i il_i
Any displaced person (_including one who conducts
a business or farm operation) is eligible to
receive a payment for moving expenses. A person.
who lives on his business or farm property may be
eligible for both moving and related expenses.as
a dwelling occupant in addition to being eligible
for payments with respect to displacement from a
business or farm operation.
Any person who moves from real property or move8
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eligible to receive a payment for moving expenses.
2.. Allowable I -loving Expenses
a. Transportation of individuals, families, and
personal property from the acquired site to
the replacement site, not to exceed a distance
of 50 miles, except where the City determines
that relocation beyond this 50 mile area is
justified.
b. Packing, and unpacking, crating and uncrating,
of personal property.
c. Advertising for packing, crating, and
transportation when the City determines
that it is necessary.
d. Storage of personal property for a period
generally not to exceed six months when the
City determines that storage is necessary
in connection with relocation.
e. Insurance premiums covering loss and damage
of personal property while in storage or
transit.
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f . Removal, reinstallation, re-establisluiient
including such modifi.ca.ti.on as deemed
necessary by the public agency of, and
reconnection of utilities for, machinery,
equipment, appliances, and other items,
not acquired as real property. Prior to
payment of any expenses for removal and
reinstallation of such property, the
displaced person shall_ be required to
agree in Gaiting that the property is
personal and that the City is released
from any payment for the property.
g. Property lost, stolen, or damaged (not
caused by the fault or negligence of the
displacedperson, his agent or employees)
in the process of moving, where insurance
to cover such loss or damage is not
available.
3. Limitations
a. When the displaced person accomplishes the
move himself, the amount of payment shall
not exceed the estimated cost of moving
commercially unless the Housing Administrator
determines a greater amount is justified.
b. When an item of personal property which is
used in connection with any business or
farm operation is not moved but sold and
promptly replaced with a comparable item
reimbursement shall not exceed the replace-
ment cost minus the proceeds received from
the sale, or the estimated costs of moving,
whichever is less.
c. When personal property which is used in
connection with any business or farm oper-
ation to be moved is of low value and
high bulk, and the cost of moving would
be disproportionate in relation to the
value, in the judgment of.the Housing
Administrator of the City of Redding, the
expense of moving the personal property
shall not exceed the difference between
the amount which would have been received
for such item on liquidation and the cost
of replacing the same with a comparable
item available on the market. This pro-
vision will be applicable in the case, of
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moving of junk yards, stockpiled sand,
gravel, minerals, metals and similar
type items of personal property.
d. If the cost of moving or relocating an
outdoor_ advertising display or displays
is determined to be equal to or in excess
of the in place value of the display,
consideration should be given to acquiring
such display or displays as a part of the
real property, unless such acquisition is
prohibited by state law.
4. Nonallowable Moving Expenses and Losses
a. Additional expenses incurred because of living
in a new location.
b. Cost of moving structures or other_ improvements
in which the displaced person reserved ownership
except as otherwise provided by law.
C. Improvements to the replacement site, except
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d. Interest on loans to cover moving expenses.
e. Loss of good will.
f. Loss of profits.
g. Loss of trained employees.
h. Personal injury.
i. Cost of preparing the application for moving
and related expenses.
A. Payment for search cost in connection with
locating a replacement dwelling.
5. Expenses in Searching for Replacement Business or
Farm
Allowable:
a. Actual travel costs
b. Extra costs for meals and lodging
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C. Time spent in searching at the rate of the
displaced person's salary or earnings, but
not to exceed $1.0.00 per hour.
d. In the discretion of the City,necessa:ry
broker, real estate or other professional
fees to locate a replacement business or
farm operation under circumstances pre-
scribed in City regulations.
Limitation
The total amount a displaced person may be paid for
searching expenses may not exceed $500.00 unless
the Housing Administrator_ determines that a greater
amount is justified based on the circumstances
incurred.
6. Actual Direct Losses by Business or Farm Operation
When the displaced person does not move personal
property he should be required to make a bona fide
effort to sell it, and should be reimbursed for
the rea.sonahi.e costs incurred.
a. When the business or farm operation is dis-
continued, the displaced person is entitled
to the difference between the fair market
value of the personal property for continued
use at its location prior to displacement
and the sale proceeds, or the estimated
costs of moving 50 miles whichever is less.
b. When the personal property is abandoned, the
displaced person is entitled to payment for
the fair market value of the property for
continued use at its location prior to dis-
placement or the estimated cost of moving
50 miles whichever is less.
C. The cost of removal of the personal property
shall. not be considered as an offsetting
charge against other payments to the displaced
person.
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B. PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES
1. Dwellings - Schedules
a. At the option of the displaced person he may
receive a moving expense allowance not to
exceed $300.00. Moving al:l.owance schedules
maintained by the State Highway Department
shall be used as the basis for the schedules.
In addition, a displaced person shall receive
a dislocation allowance of $200.00.
b. A displaced person, who elects to receive
a payment based on a schedule, shall be
paid under the schedule used in the juris-
diction in which the displacement occurs
regardless of where lie relocates.
2. Businesses - Eligibility
a. A person displaced from his business is eligible
to receive a fixed payment in lieu of moving and
related expenses. Care must be exercised, in
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bona fide business. A bona fide business shall
be defined in this section as any lawful
activity, except a farm operation conducted
primarily for the following:
(1) The purchase, sale, lease, and rental
of personal and real property and for
the manufacture, processing, or marketing
of products, commodities or any other
personal property.
(2) The sale of services to the public
or, by a non-profit organization.
Businesses are not eligible for a payment in
lieu of moving and related expenses as in the
case of an outdoor advertising display.
b. Where a displaced person is displaced from his
place of business, no :in -lieu payment shall be
made until after the Housing Administrator
determines that the business is riot part of a
commercial enterprise having at least one other
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establishment not being acquired, which is
engaged in the same or similar business, and
that the business cannot be relocated.without
a substantial loss of existing; patronage.
The determination of loss of existing
patronage shall be made by the City only
after_ consideration of all pertinent circum-
stances, including but not limited to, the
following factors:
(1) The type of business conducted by the
displaced person.
(2) The nature of the clientele of the
displaced concern.
(3) The relative importance of the present
and proposed location to the displaced
business and the availability of a
suitable replacement location for the
displaced person.
3. Farms - Partial Taking
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a part of his farm operation, the fixed payment
shall be made only if the City determines that
the farm met the definition of a farm operation
prior to the acquisition and that the property
remaining after the acquisition can no longer
meet the definition of a farm operation.
.4. Nonprofit Organizations
Where a nonprofit organization is displaced, no
payment shall be made until the Housing
Administrator determines:
a. That the nonprofit organization cannot be
relocated without a substantial loss of its
existing patronage. The term "existing
patronage as used in connection with non-
profit organizations includes the persons
community or clientele served or affected
by the activities of the nonprofit organi-
zation.
b. That the nonprofit organization is not part
of a commercial enterprise having at least
one other establisImicnt not being acquired
which Ls engaged in the same or similar
activity.
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5 . Net Earninp s
The term "average annual net earnings" a -s used here
means one-half of any net earnings of the business
or farm operation, before federal_, state and local
income taxes, during the two taxable years immed-
iately preceding the taxable year :in which such
business or farm operation moves from the real
property acquired .for such project, or during
such other_ period as the head of: the displacing
agency determines to be more equitable for es-
tablishing such earnings, and includes any compen-
sation paid by the business or farm operation to
the owner, his spouse or his dependents during
such period.
If a business or farm operation has no net earnings,
or has suffered losses during the period used to
compute "average annual net earnings" it may never-
theless receive the $2,500 minimum payment authorized
by such action.
6. Amount of Business Fixed Pavment
The fixed paymerLt to a person displaced from a
flim operai.:ion or from his place of business
including nonprofit organizations, shall be in
an amount equal to the average annual net earnings
of the business or farm operation,.except that such
payment shall not be less than $2,500 nor more than
$10,000. In lieu payments to nonprofit organizations
shall be $2,500.
C. REPLACEMENT HOUSING PAYMENT FOR 1110MMOV!NERS
1. Eligibility
A displaced owner occupant is eligible for a replace-
ment housinb payment not to exceed $15,000 if lie
meets both of the following requirements:
a. Actually owned and occupied the acquired
dwelling from which he was displaced for
not less than 130 days prior to the
initiation of negotiations for the prop-
erty. The term, "initiation of negot-
iations" means the day on which the City
makes the first personal contact with the
property owneror his representative and
fur.ni_shes him with a written offer to
purchase the real property.
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b. Purchases and occupies a replacement +s
dwelling which is decent, safe, and
sanitary not: later than the end of
the one year period beginning on the
date on which he receives from the City
the final payment of all costs of the
acquired dwelling, or on the date on
which he'moves from the acquired dwell-
ing, whichever is the later date.
A displaced owner occupant of a dwelling who is
determined to be ineligible under this section
may be eligible for a replacement housing payment
for tenants and certain others.
2. Comparable Replacement Dwellin
For the purposes of rendering relocation assist-
ance by making referrals for replacement housing
and for computation of the replacement housing
payment, a comparable replacement dwelling is
one which is decent, safe, and sanitary and one
or all of the following:
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the ac-4r-
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excluding newly constructed housing.
b. Adequate in size to meet the needs of the
displaced family or individual. However_, at
the option of the displaced person, a
replacement dwelling may exceed his needs
when the replacement dwelling has the same
number of rooms or the equivalent square
footage as the dwelling from which he was
displaced.
C. open to all persons regardless of race,
color, religion, or national origin,
consistent with the requirements of the
Civil Rights Act of 1964 and Title VIII
of the Civil Rights Act of 1968.
d. Located in the area not generally less
desirable than the one in which the
acquired dwelling is located, with
respect to the following:
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(1) Neighborhood conditions, including
but not Limited to municipal
services and other environmental
factors.
(2) Public utilities, and,
(3) Public and commercial facilities
e. Reasonably accessible to the displaced person's
place of employment or potential place of
employment.
f. Within the financial means of the displaced
family or individual.
g. Available on the market to the displaced
persona
h. If housing meeting these requirements is not
available on the market, the Housing Administrator_
may, upon a proper finding of the need therefore,
consider_ available housing exceeding these
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3.
3. Computation of Replacement Housing Payment
The replacement housing payment of not more than
$15,000 comprises the following:
a. Differential payments for Replacement 1-Iousin.g,,
The housing Administrator may determine the
amount which, if any, when added to the acqui-
sition cost of the dwelling acquired by the
City, is necessary to purchase a comparable
replacement dwelling by establishing a
schedule of reasonable acquisition costs.
(1) Schedule Method
The City shall establish a schedule
of reasonable acquisition costs of
comparable replacement dwellings of
the various types of dwellings to
be acquired and available on the
private market.
The schedule shall be based on a
current market analysis sufficient
to support determinations of the
amount; for each type of dwelling
to be acquired.
If the displaced person voluntarily purchases
and occupies a decent, safe, and sanitary
dwelling at a price less than the above, the
comparable replacement housing payment will
be reduced to that amount required to pay the
difference between the acquisition price of
the acquired dwelling and the actual purchase
price of the replacement dwelling..
If the displaced person voluntarily purchases
and occupies a decent, safe, and sanitary
dwelling at a price less than the acquisition
price of the acquired dwelling, no differential
payment shall be made.
b . Interest Payment
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anaouLti-, if ally, necessaLy Lo compensate a
displaced person for any increased interest
costs, including points paid by the purchaser.
Such amount shall be paid only if the acquired
dwelling was encumbered by a bona fide mortgage.
The following shall be considered:
(1) The payment shall be equal to the
excess in the aggregate interest and
other debt service costs of that amount
of the principal of the mortgage on
the replacement dwelling which is
equal to the unpaid balance of the
bona fide mortgage on the acquired
dwelling, at the time of acquisition,
over the remainder term of the
mortgage on the acquired dwelling,
reduced to discounted present value.
(2) The discount rate shall be the prevailing
interest rate paid on savings deposits
by commercial. banks in the general area
in which the replacement dwelling is
located.
17 -
(3) A "bona fide mortgage" is one which has.
a valid lien on the acquired dwelling
for not less than 1£30 days prior to
the initiation of negotiations.
4. Incidental ExiDenses
The Housing Administrator_ shall determine the
amourit , if any, necessary to reimburse a
displaced person for actual costs incurred by
him incident to the purchase of the replacement
dwelling but not including prepaid expenses
such as:
a. Legal, closing and related costs in
title search, preparing conveyance instru-
ments, notary fees, surveys, preparing
plats, and charges incident to recordation.
b. Lenders, FHA or VA appraisal fees
C. FHA application fee
d. Certification of structural soundness
when required by lender, FHA or VA
e. Credit Report
f. Title policies or abstracts of'title
D. REPLACETENT HOUSING PAYMENTS FOR TENANTS AND OTHERS
1. Eligibility .
A displaced tenant or owner occupant of a
dwelling for less than 130 days is eligible
for a replacement housing payment not to
exceed $4,000, if he meets both of the
following requirements:
a. Actually occupied the dwelling for riot- less
than 90 days prior to the initiation of
negotiations for acquisition of the property.
The term ":initiatiori of negotiations" means
the day on which the City makes the first
personal contact wit.li the property owner or
his representative and furnishes him with a
written offer to purchase the .real property.
The City shall inform the tonants and other ,.
persons.occupying; the property when negotia-
tions for the property are initiated with
the owner thereof.
18 - �.,
0
b . Is not el.i.gib.l_e to receive a payment under
replacement housing payments for homeowners.
An owner occupant of a dwelling for riot less than
:180 days prior to the initiation of negotiations
is eligible for a replacement Housing payment as
a tenant when he rents a decent, safe and sanitary
replacement dwelling instead of purchasing and
occupying a replacement dwelling, which is decent,
safe and sanitary not later than the end of the
one year period beginning on the date on which he
receives from. the City final pa5Tuent for all
costs for the acquired dwelling, or on the date
on which he moves from the acquired dwelling,
whichever is the later date.
.2. Computation of Replacement Housing Payments
for Displaced Tenants
A displaced tenant is eligible for a rental replace-
ment housing payment not to exceed $4,000 which
shall be determined by subtracting from the amount
which the tenant actually pays for a replacement
... ��. Or, �� �: ;oma;", �.�� ciiiivuiii �iC�r_i�,iii.iu uy
the si.aLe a8 necessa.Ly cu rent a comparable dwelling;
or, if he purchases replacement housing within one
year from displacement, he is eligible for a down
payment including expenses incidental to closing
not to exceed $4,000.
3. Rental Replacement HousipS Payment
The Housing Administrator shall determine the
amount necessary to rent a comparable replacement
dwelling by establishing a schedule of comparable
replacement dwellings.
The City shall establish a rental schedule for
renting comparable replacement dwellings which
are available in the private market for the
various types of dwellings to be acquired. The
payment shall be computed by determining the
amount necessary to rent a comparable replacement
dwelling for four years (the average monthly cost
from the schedule) and subtracting from such
amount forty-eight times the average month's
rent paid by the displaced tenant in the last
three months prior to initiation of negotiation
if such rent was reasonable. }legulations may
prescribe circumstances which may dictate the
use of economic rather than actual. rent: paid by
the displaced tenant. Economic rent is defined
as the amount of rent the displaced tenant would
19
•
have had to pay for a comparable dwelling unit
in an area similar to the neighborhood in which
the dwelling unit to be acquired is located. The
schedule shall be based on current analysis
of the market to determine the amount of each
type of dwelling required.
4. Purchases - Replacement Housing_P�nent
If the tenant elects to purchase instead of rent,
the payment shall be computed by determining the
amount necessary to enable him to male a down
payment and to cover incidental -expenses on the
purchase of replacement housing, as follows:
a. The down payment shall be the amount neces-
sary to make a down payment on a comparable
replacement dwelling. Determination of the
amount necessary for such down payment shall
be based on the amount of down payment that
would be required for purchase of the dwelling
using a conventional loan.
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are these ?s dccc il.yA -(=^,i 0 ..Lull.... �VY iL
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expenses.
c. The maximum payment may not exceed $4,000,
except that if more than $2,000 is required,
the tenant must match any amount in excess
of $2,000 by an equal amount in making the
down payment.
d. The full amount of the replacement housing
payment must be applied to the purchase
price and incidental costs shown on the
closing statement.
5. Computation of: Replacement Housing; Payments
for Certain Others
a. A displaced owner occupant who does not
qualify for a replacement housing payment
because of the 180 day occupancy require-
ment and elects to rent is eligible for a
rental replacement housing payment- not to
exceed $4,000. The payment will be com-
puted in the schedule method except that
the present rental rate for the acquired
dwelling shall be economic rent as deter-
mined by market data.
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b. A displaced owner occupant who does not
qualify for a replacement housing payment
because of the 180 day occupancy require-
ment and elects to purchase a replacement
dwelling is eligible for a replacement
housing down payment and closinE costs
not to exceed $4,000. The payment will
be computed in the schedule method.
SECTION 3 - GRIEVANCE PROCEDURES
A. RIGIIT OF REVIEW
Any person aggrieved by a determination as to eligibility
for, or the amount of, a payment under_ the regulations in this
part, may have his claim reviewed and reconsidered by the
Director of -Planning and Community Development in accordance.
with the procedures set forth below. Any person or class of
persons may seek review and revision of any schedule with
respect to payments under the regulations in this section.
B. NOTIFICATION TO CLAIMANT
� ti ti L11C �.1 i y UC11105 l LIU C1161U111L,Y 01 a CILL1111allU for a.
nav_ ment or disan_ Droves the full amount claimed or refuses
to consider the claim on its merits because of untimely
filing or any other ground, the City's notification to the
claimant of its determination shall inform the claimant of
its reasons therefore and shall also inform -the claimant of
the applicable procedures for obtaining review of this
determination.
C. REQUEST FOR REVIEW
1. General
Any person who has a right to seek review may re-
quest the City to provide him with a full. written
explanation of its determination and the basis
therefore if he feels that the explanation
accompanying the payment of his claim or notice
of the City's determination was incorrect or
inadequate. The City shad provide such an
explanation to the claimant within 15 days of
its receipt of claimant's request.
21
f
2. Time Limits for riliDy, Written Request for Review
A claimant desiring review and reconsideration of
the City's determination shall file a written
request for review with the City either w.i-thi.n
6 months of the City's notification to the claimant
of its determination or prior to final closeout
of the project which caused the displacement,
whichever is earlier, but in no event less than
30 days following the City's notification to the
claimant of its determination.
3. The Written Request for Review
The claimant may include in his request for review
any statement of fact within his knowledge or
belief, or other material which he feels has a
bearing on his appeal. If the claimant requests
more time to gather and prepare additional
material for consideration or review and
demonstrates a reasonable basis therefore, he
may be granted 30 days from the date of his
request for review. If the claimant feels he
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C. t_cr cI-I 7 0fr r tC) 71rnt7i rio n e o 4 ct n t r1 thn
claimant and further notify the claimant of
other available sources of assistance
4. Ural Presentation
Upon request of the claimant, the City shall afford
him an opportunity to make an oral presentation.
The claimant may be represented by an attorney or
other person of his choosing. This oral presentation
shall enable the claimant to discuss his claim with
the Director of Planning and Community Development.
The City shall make a summary of the matters dis-
cussed in the oral presentation and it shall be
included as part of its file.
D. CITY REVIEW
l.. General
The City shall consider the request for review and
shall make a determination as to whether a modifi-
cation is necessary. This review shall. be con-
ducted by the Director of Planning and Community
Development.
- 22 -.
1
2.
3.
4.
Scope of Review
The City shall review and reconsider :its initial
determination of the claimant's case in light of
the follow.i.ng :
a. All material upon which the City based its
original determination including all
applicable rules and regulations.
b. The reasons given by the.claimant for re-
questing review and reconsideration of his
claim.
C. Whatever additional written material has
been submitted by the claimant, and,
d. Any further information which the City may,
in its discretion, obtain by request,
investigation of research, to insure fair
and full review of the claim.
Determination on Review by the City Y.
iiii' iiital J,. -1L iO 11 Oil Ee-V W by tile l:1Ly
shall include, but is not limited to .the
following:
a. The City's decision on reconsideration of
the claim.
b. The factual and Legal basis upon which its
decision is based, including any pertinent
explanation or rationale.
Time Limits
The City shall issue its determination of review
within 30 days from receipt of the last material
submitted for consideration by the claimant.
In the case of complaints dismissed for untimeli-
ness or for any other reason not based on the -r
merits of the claim, the City shall issue a
statement as to why the complaint was dismissed
to the claimant.
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•
5 . Recommendat:i_ons, by Third Party
•
Upon agreement between the claimant and the City,
a mutually acceptable third party or parties may
review the claim and make advisory recommendations
thereon to the head of the agency for its final
determination. In reviewing the claim and making
recommendations to the City, the third party or,
parties shall be guided by the provisions of the
requirements of these sections.
6. Review of Files by Claimant
Except for confidential material, and except to the
extent specifically prohibited by law, the City
shall permit the claimant to inspect all files and
records bearing upon his claim or the prosecution
of his grievance. The City may, however, impose
reasonable conditions on the claimant's right to
inspect.
7. Effect of Determination on.Other_ Persons
The principles established in all determinations
by the City shall be applied to all similar cases
regardless of whether or not a person has filed a
written request for review.
8. Right to Counsel
Any aggrieved party has a right to representation
by legal or other counsel at his own expense at
any and all stages of the proceedings set forth
in these.sections.
9. Judicial Review
Nothing in this section shall in any way preclude
or limit a claimant from seeking judicial_ review
or receiving a fair and impartial consideration of
his claim on its merits upon exhaustion of such
administrative remedies as are available to him
under this section.
- 24.
•
SECTION 4 - UNIFORM R17AL PROPERTY ACQUISITION POLICY
A. ACQUISITION PROCEDURES
1. Just Compensation
Before initiation of negotiations for the acquisition
of real property, the City Council shall. establish
an amount which he believes to be just compensation
therefor_. In no event shall such amount be less
than the City's approved appraisal of the fair
market value of the property.
The owner, or his representative designated in writing,
shall be given an opportunity by reasonable advance
written notice or otherwise, to accompany the appraiser
during his inspection of the property.
The City shall make reasonable efforts to discuss with
the owner, its offer to purchase his real property.
The owner shall be given reasonable opportunity to
present material which he believes to be relevant as
to the question of value and to sug;;est modification
in the proposed terms and conditions of the purchase,
presentation.
If the evidence presented by an owner or a material
change in the character or condition of the property
indicates the need for new appraisal evidence, or if
a significant delay has occurred since the time of an
appraisal, the City shall have the appraisal updated
or obtain a new appraisal. .If a modification in the
City's determination of just compensation is warranted,
an appropriate price adjustment shall be made and. the
new amount shall be promptly offered in writing to the
owner.
2. Incidental Expenses Incurred By Displaced
Ou-ner Selling To The City.
City compensation for real property shall include
recording fees, transfer taxes and prepayment
penalties on existing liens and other similar
expenses incidental to conveying such real
property to the City. :'M1
- 25 - .•
3. Initiation of Negotiations
a. Statement To Be Furnished The Owner.
When negotiations for the acquisition of real
property are initiated, the owner_ shall be
provided. with a written statement concerning
the proposed acquisition. This statement
shall include, as a minimum, the. following:
(1) Identification of the real property
and the estate or interest therein
to be acouired including the build-
ings, structures, and other improve-
ments on the land, as well as the
fixtures considered to be a part of
the real property, and,
(2) The amount of the estimated just com
pensation for the property to be
acquired, as determined by the
acquiring party, and a statement of
the basis therefore. In the case of
u -'--1 ,
+ -r ti chat 1 I-,
iii_
separately stated.
b. Offer to Purchase
The City Attorney or his designee shall make
a prompt offer to purchase the property for
the amount contained inthe statement.
4. Appraisal Standards
The City Attorney shall establish for all acquisition
programs tinder his jurisdiction, standards for
appraisals used in such programs, criteria for
determining the qualifications of appraisers, and
a system of review by qualified appraisers.
5. Notice To Move
To the greatest extent possible, no person lawfully
occupying real property shall be required to move
from a dwelling or to move his business or farm
operation without at least 90 days written notice
from the City Attorney of the date by which such
move is required.
- 26 -
SECTION 5 - EVICTION
Eviction shall be used only as a last resort and will. be
undertaken for only one or more of the following reasons:
a. The failure to pay rent except in those cases
where the failure to pay is based on the City's
failure to keep the premises in habitable condition.
b. Maintenance of a nuisance or the use of the premises
for illegal purposes.
c. A material breach of the rental agreement.
d. Refusal to accept one of a reasonable number of
offers of standard accommodations.
e. The eviction is required by state or local law
and cannot be prevented by the City.
All evictions shall be documented to reflect the specific
circumstances surrounding the eviction.
SECTIO14 G — TE1:r11NATION UP* 1:1sLU�:A'►:1.U1V A�51..5'a:��1vC1
Assistance by the relocation assistance program will be
terminated when:
a. The family or individual has moved to a dwelling
meeting physical and occupancy standards established
by this Policy and has received all necessary assist-
ance.
b. All possible efforts to trace a family have failed.
c. The family has moved out of the area and further
assistance is not feasible.
d. The family refuses any further assistance, although
it may have moved into a substandard dwelling.
e. The business, non --profit organization or farm has
received all assistance and relocation benefits to
which it is entitled.
27 -
SECTION 7 - RECORDS
A separate record shall be kept: on each family during the
relocation process star.tinf; with the initial interview. Specific
needs of each family will be documented along; with all data
r_elatin to relocation, inc:l_udin.g the nature and dates of ser-
vices that are provided, the type and amount of relocation
payments made, and the location to which those displa.ced re-
located, including a description of the accommodation. A copy
of any grievance filed by t] -ie displaced person, a description
of the actions taken to resolve it, and a copy of any pertinent
determinations shall also he included.
SECTION 8 -- RESIDENT INVOLVEMENT
Neighborhood meetings will be held at least once every
three months to insure adequate resident participation in
the relocation plan.
SECTION 9 - EVALUATION
Ongoing evaluation of the program will be conducted by
the staff and City administration by reviewing; the wcr_kload
_t 4-1-- ^ (. ^ n .. n O c cn o cit cn P rl -.r1 i- t l
y_
di _ C: L.iuli^t
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ance provided.
- 28 -