HomeMy WebLinkAboutReso 2005-052 - CA Relocation Assistance Law
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RESOLUTION NO. 2005-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING THE CITY'S RULES AND REGULATIONS
FOR IMPLEMENT A TION OF THE CALIFORNIA RELOCATION
ASSIST ANCE LAW AND PROPERTY ACQUISITION PROCEDURES
AND INCORPORATING THOSE RULES INTO A NEWLY
EST ABLISHED CITY COUNCIL POLICY 1903.
WHEREAS, 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; and City of Redding staff
has developed long range financial plans to assist the City with this key responsibility; and
WHEREAS, 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
WHEREAS, in order to implement the California Relocation Assistance Law;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that the
attached City Council Policy 1903 is hereby adopted incorporating by reference Rules and Regulations for
Implementation of the California Relocation Assistance Law and Property Acquisition Procedures.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular
meeting of the City Council on the 3rd day of May 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
None
None
None
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t1 R. M . HENA, Mayor
Atte,st: ,> ' ..: "
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Form Approved:
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CONNIE ST
RI~~~orneY
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SUBJECT
RESOLUTION
NUMBER
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION PROCEDURES
1903
1
BACKGROUND
The City of Redding is statutorily authorized to acquire real property in anyone of the following alternative
ways: eminent domain, grant, purcha.se, lease, gift, devise or by contract. However, both state and federal law
dictate that certain procedures be followed in the acquisition of real property and the displacement of persons
caused by such acquisition.
PURPOSE
The purpose of this Policy is to incorporate by reference certain rules and regulations to implement the
California Relocation Assistance Law (Government Code, Section 7260, et seq.) and to establish real property
acquisition procedures for the City which conform to applicable statutory guidelines describ(~d in Cal. Gov'
Code ~~ 767 et seq and 25 Cal. Code Regs ~~ 6000.
POLICY OBJECTIVES
A. The City desires to ensure that uniform, fair and equitable treatment is afforded peJrsons displaced
from their homes or businesses as a result of the actions ofthe 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
B. The City desires to ensure consistent and fair treatment for owners of real property to be
acquired by the City and to encourage and expedite acquisition by agreement with owners of such
property in order to avoi~ litigation and relieve congestion in courts, and to promote confidence in
public land acquisition.
POLICY
As a means 'to accomplish the purpose and objectives ofthis Policy, the City incorporates by reference into this
Policy the "City of Redding Rules and Regulations for Implementation of the California Relocation
Assista,,"ce Law and Property Acquisition Procedures" as approved by City Council Resolution R-
. The document is on file in its entirety in the Office of the City Clerk. The cover page and
table of contents are attached to this Policy as Attachment A.
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Cll~Y OF REDDING
RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
AND
'\
PROPERTY ACQUISITION PROCEDURES
DATE ADOPTED: June 6. 1995
DATE AMENDED: August 4.1998
DATE AMENDED: Mav. 2005
Prepared by Pacific Relocation Consultants, revised April 1995
First Amendment prepared by City staffin August 1998
Second Amendment prepared by City staff in May 2005
At1:achment A
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RULES AND REGULATIONS
FOR~ IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW ANl)
PROPER.TY ACQUISITION PROCEDURES
TABLE OF CONTENTS
I. [~ 100] GENERAL ................................................................ I
A. [~ 101] Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
B. [~ 102] Authority .......................................................... I
C. [~ 103] Effective Date; Applicability. . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . .. 1
D. [~ 104] Extent of Relocation Payments ......................................... 2
E. [~ 105] Exception from Relocation Requirement ................................. 2
F. [~ 106] Priority of Federal Law ............................................... 2
G. [~ 107] Severability ........................................................ 3
II. [~ 200J DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
A. [~ 201] Acquisition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . .. 3
B. [~ 202] Adequate Replacement Dwelling ....................................... 3
C. [~ 203] Appraisal .......................................................... 3
D. [~204] Average Annual Net Earnings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
E. [~ 205] Average MontWy Income ............................................. 4
F. [~ 206] Base MontWy Rental Housing Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
G. [~ 207] Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
H. [~ 208] Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
I. [~ 209] City. . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
J. [~ 210] Comparable Replacement Dwelling ..................................... 4
K. [~ 211] Condominium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
L. [~ 212] Date of Acquisition .................................................. 5
M. [~ 213] Decent, Safe and Sanitary Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
N. [~ 214] Department. . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
O. [~ 215] Displaced Business ................................... 0 0 . . . . . . . . . . . .. 6
P. [~ 216] Displaced Farm Operation. . . . 0 0 . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . 0 .. 6
Q. [~ 217] Department Head . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . .. 6
R. [~ 218] Displaced Person ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . .. 7
S. [~ 219] Displaced Resident . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 0 . . . . .. 9
T. [~ 220] Dwelling. . . . . . 0 . . . . . . . . . .. 0 . . 0 . . . . . . . . . . . 0 0 . . . . . . . . . 0 . . 0 . . . . 0 . . . . .. 9
U. [~ 221] Economic Rent. . . 0 . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . .. 9
V. [~ 222] Elderly Household. . . . . . . . . . . . . . . . 0 . . 0 . 0 .0 . . . 0 . . . . . . . . . . . . . . . . 0 . . . . .. 9
w. [9 223] Family .......... 0 . . . . . 0 . . . . . . . . 0 . . 0 . . . 0 . . 0 . 0 . . . . . . . 0 . . . . 0 . . 0 0 . . . .. 9
x. [9224] Farm Operation .....0..000........... 0 . . . . . . . 0 . . . . . . . . 0 . . . . . . 0 . . . .. 10
Y. [9 225] Federal Project. 0 ~. . . . . . . . . . . 0 . . . . . . . . . 0 . . . . . . . . . . . 0 . . . . . . . . . . 0 . . . .. 10
z. [9 226] Gross Income . . . . . . . . . . . . . . . . . . 0 . . . . . 0 . . 0 . . . . . . . . . . . 0 . . . . . . . 0 . . . . " 10
AA. [9227] Handicapped Household .........0............................... 0 . .. 10
BB. [9228] Initiation of Negotiations . . . . . . . . . . . . . . . . . . . . 0 . . 0 . . . . . . . . . . . 0 . . . . . . . .. 10
CCo [9229] Last Resort Housing. . 0 . . . . 0 0 . 0 . . 0 . . 0 . . 0 0 . 0 . . . 0 0 . . . . . . . . 0 0 . . . 0 . . . 0 . .. 11
DD. [9 230] Manufactured Home or Mobilehome 0 . . . 0 . . . . . . . 0 0 . . . 0 . . . 0 0 . . . 0 . 0 . . . . . .. 11
EE. [9231] Mortgage ...... 0 . . . 0 . . . 0 0 . . . . 0 . . . . . . . . . . . . . . 0 . . . 0 . . . . . . . . . 0 0 . . 0 . o. 11
ill. [~ 300] RELOCATION ADVISORY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
14
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FF. [~ 232] Nonprofit Organization .............................................. 11
GG. [~233] Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
HR. [~234] Person. . . . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 12
II. [~ 235] Personal Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
n. [~ 236] Post-Acquisition Tenant ............................................. 12.
KK. [~237] Prepaid Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 12
LL. [~ 238] Public Use ........................................................ 12
MM. [~239] Small Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
NN. [~ 240] Tenant ........................................................... 13
00. [~241] Unlawful Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
A.
B.
[~ 301] Advisory Assistance to be Provided by the City. . . . . . . . . . . . . . . . . . . . . . . . . . .
[~ 302J fuformation Program ............................................ . . . .
1. [~ 303] General fuformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. [~ 304] Personal. Contact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. [~ 305] Payment After Death ............................................
4. [~ 306] fuformation Statement for Relocation Assistance ......................
5. [~307] Notice of Eligibility Status. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. [~308] Language of fuformation Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. [~ 309] Method of Delivery oflnformational Material ........................
[~310] Determination of Relocation Needs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. [~311] futerviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a. [~ 312] fuformation to be Obtained from Residential Owner
Occupants or Tenants ....................................... 18
b. [~313] Coordination with Other Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
c. [~ 314] futerview after Person Moves Without Notice '. . . . . . . . . . . . . . . . . . . " 19
2. [~ 315] Relocation Records ............................................. 19
3. [~316] Updating fuformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
[~ 317] Relocation Site Office ..................... . . . . . . . . . . . . . . . . . . . . . . . . .. 19
[S 318] Contracting for Relocation Services .................................... 19
[S 319] Coordination of Relocation Assistance ............................,..... 20
C.
D.
E.
F.
IV. [~400J RELOCATION PI~ANS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 20
A. [S 401] Requirements Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
B. [S 402] Contents of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
1. [S 403] Analysis of Replacement Dwelling Needs. . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
2. [S 404] Analysis of Replacement Dwelling Resources ........................ 22
3. [S 405] Method of Providing Last Resort Housing ........................... 22
4. [S 406] fuformation Required . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
C. [~ 407] Review of Relocation Plan ........................................... 23
D. [S 408] Conformance to General Plan ......................................... 24
E. [S 409] Update of Relocation Plans ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
v. [~ 500] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS ........... 24
A. [~ 501] Requirement Generally .............................................. 24
B. [S 502] Procedures for Identifying Comparable Replacement Dwellings .. . . . . . . . . . . .. 24
1. [S 503] Survey of Available Replacement Dwellings ......................... 24
2. [S 504] fuformation To Be Obtained ...................................... 25
a. [S 505] Survey Area ............................................... 25
b. [S 506] Gross Number of Comparable Replacement Dwellings. . . . . . . . . . . . .. 25
(I) [~507] Standard Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
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(2) [~508] Uncompleted New Construction or Rehabilitation ............. 25
(3) [~509] Publicly Subsidized Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
c. [~ 510] Adjustment for Concurrent Displacement ........................ 26
3. [~511] Review of Survey Results ........................................ 26
C. [~ 512] Referrals of Replacement Dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
D. [~ 513] Temporary Move. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
1. [~514] Use of Temporary Replacement Housing ............................ 27
2. [~ 515] Relocation Assistance and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
3. [~516] Assurances Prior to Temporary Move. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
E. [~ 517] Provision of Last Resort Housing ...................................... 28
1. [~ 518] Authorization; Methods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
2. [~ 519] Nondiscrimination .............................................. 28
3. [~ 520] Confonnity with Statutes and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
4. [~ 521] Monitoring Housing Production. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 29
5. [~ 522] Retention of Benefits Upon Move to Last Resort Housing. . . . . . . . . . . . . .. 29
F. [~ 523] Move to Substandard Dwelling Unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
G. [~ 524] Waiver of Requirement for Replacement
Dwelling Prior to Displacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
VI. [~600J RELOCATION PAYMENTS TO DISPLACED RESIDENTS. . . . . . . . . . . . . . . . .. 30
A. [~ 601] Payments Required ................................................. 30
B. [~ 602] Actual Reasonable Moving Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
C. [~ 603] Alternate Payments ................................................. 31
D. [~ 604] Replacement Housing Payments for Displace~ Homeowners. . . . . . . . . . . .. . . . .. 31
1. [~605] Amount of Payment .......................................,..... 31
2. [~ 606] Eligibility ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
3. [~ 607] Computation of Replacement Housing Payment. . . . . . . . . . . . . . . . . . . . . .. 33
a. [~ 608] Reasonable Cost of Comparable Replacement Dwelling. . . . . . . . . . . .. 33
b. [~ 609] Increased Interest Cost ....................................... 33
c. [~ 610] Expense Incidental to the Purchase of
the Replacement Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
4. [~ 611] Multi-Family Dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 34
5. [~ 612] Homeowner Retention of Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
6. [~ 613] Lease of Condominium .......................................... 35
E. [~ 614] Replacement Housing Payments for Tenants and Certain Others. . . . . . . . . . . . .. 35
1. [~ 615] Amount of Payment ............................................. 35
2. [~ 616] Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 35
3. [~617] Computation of Replacement Housing Payment. . . . . . . . . . . . . . . . . . . . . .. 36
a. [~ 618] Rent Differential Payment .................................... 36
b. [~ 619] Downpayment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 39
4. [~ 620] Rental Payments for Displaced Homeowners and Dependents. . . . . . . . . . .. 39
a. [~ 621] Homeowners. . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . . . . '" 39
b. [~622] Dependents ............................................... 39
F. [~ 623] Payments to Residents Displaced from Manufactured Homes and Mobilehomes . 40
1. [~624] Payments Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" 40
2. [~ 625] Moving Expenses: Retention and Move of Mobile Home. . , . . . . . . . . . . . " 40
3. [~ 626] Replacement Housing Payments ................................... 40
G. [~ 627] Proration of Payments ............................................... 41
VII. [~ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES ................. 42
A. [~ 701] Payments Required ................................................. 42
B. [~ 702] Moving Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42
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VIII. [~800] CITIZEN PARTICIPATION ............................................ 49
A. [9801] Requirement Generally .............................................. 49
B. [9 802] Relocation Committee .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49
C. [9 803] Minimum Requirements ............................................. 49
1. [9703] Actual Reasonable Moving Expenses ............................... 42
2. [9704] Actual Direct Loss of Tangible Personal Property ..................... 44
3. [9705] Actual Reasonable Expenses in Searching for
a Replacement Business ......................................... 45
C. [9706] Actual Reasonable Expenses To Reestablish A Small
Business or Nonprofit Organization ...................."................ 45
D. [9707] Alternate Payments ................................................. 47
1. [9708] Deternrination of Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
a. [9709] Amount of Payment ......................................... 47
b. [9 710] Determination of Number of Businesses ......................... 47
2. [9 711] Eligibility ..................................................... 47
a. [9 712] Business .................................................. 47
IX. [~900] CLAIM AND PAYMENT PROCEDURES . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . .. 50
50
50
50
50
50
A.
B.
[9901] Filing of Claims . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[9 902] Documentation in Support of Claim ....................................
1. [9903] Moving Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a. [9904] Commercial Moves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b. [9 905] Self Moves ................................................
c. [9 906] Exemption from Public Utilities
Commission Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. [9 907] Loss of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. [9 908] Proof of Earnings ......................................... . . . . . .
[9 909] Payment of Moving Expenses ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
1. [9910] Advance Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . .
2. [9911] Direct Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
3. [9 912] Methods Not Exclusive ...........................................
[9913] Payments for Replacement Dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . ". . .. . . . . .
1. [9914] Payment for Purchase of Comparable Replacement Dwelling ......,.....
a. [9915] Disbursement ..............................................
b. [9916] Provisional Payment Pending Condemnation. . . . . . . . . . . . . . . . . . . . . .
c. [9917] Certificate of Eligibility .......................................
2. "[9918] Rent Differential Payments .......................................
[9919] Assistance and Payments to Persons Moving without Notice ................
[9 920] Termination of Relocation Assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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x. [~ 1000] GRIEVANCE PROCEDURES ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
A. [9 1 001] Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
B. [9 1002] Right of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
C. [9 1003] Informal Oral Presentation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
D. [9 1004] City Council Review .......................................... . . . .. 55
E. [9 1005] Time Limits .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
F. [9 1006] Review of Files By Claimant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
G. [9 1007] Effect of Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
H. [9 1008] Right to Counsel .................................................. 56
I. [9 1009] Further Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
J. [9 1010] Severability ...................................................... 57
C.
D.
E.
F.
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K. [~ 1011] Application of Rules & Regulations ................................... 57
L. [~ 1012] Amendments ..................................................... 57
M. [~ 1013] Joint Complainants ................................................ 57
N. [~ 1014] Judicial Review ................................................... 57
XI. [~1100J ACQUISITION PROCEDURES ......................................... 57
A. [~ 11 01] Acquisition of Property by Negotiation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 57
B. [~ 1102] Appraisal of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58
C." [~ 1103] Notice ofDecisioll to Appraise. . . . . . . . . . . . . . . . . . . . . . . . . . . . .". . . . . . . . .. 58
1. [~1104] Contents of Notice ............................................. 58
2. [~1105] Information Statement: Property Acquisition Procedures. . . . . . . . . . . . . .. 59
D. [~ 1106] Establishment oOust Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 60
E. [~ 1107] Uneconomic Remnant .............................................. 60
F. [~ 1108] htitiation of Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 61
1. [~1109] Written Offer ................................................. 61
2. [~1110] Statement of the Basis oOust Compensation. . . . . . . . . . . . . . . . . . . . . . .. 61
G. [~ 1111] Loss of Goodwill ..................................... . . . . . . . . . . . " 62
H. [~ 1112] Compensation for Loss of Goodwill ..................................". 63
1. [~1113] Compensation Generally ........................................ 63
2. [~1114] Notice of Intent to Claim Loss of Goodwill . . . . . . . . . . . . . . . . . . . . . . . . .. 63
3. [~1115] Conference to Discuss Eligibility to Receive
Compensation for Loss of Goodwill. . .. . . . . . . . . . . . . . . . . . . . . . . . . . " 64
4. [~1116] Business Records; Authorization to Negotiate ....................... 64
5." [~1117] Calculation of Net Amount of Just Compensation
for Loss of Goodwill for Negotiation Purposes ...................... 64
6. [~1118] Notice to Owner; Written Offer. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 64
7. [~1119] Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64
I. [~ 1120] Negotiations; Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65
J. [~ 1121] Notice of Decision Not to Acquire .................................... 65
K. [~ 1122] Incidental Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 66
L. [~ 1123] Purchase Price as Public Information .................................. 66
M. [~ 1124] Service of Notice ............................................ . . . . .. 66
XII. [~1200J PROPERTY MANAGEMENT PRACTICES. . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 66
A. [~ 1201] Short Term Rental ......................................;........... 66
B. [~ 1202] Notice to Vacate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . :. 66
C. [~ 1203] Eviction .......................................,.................. 67
D. [~ 1204] Status of Post-Acquisition Tenants ..................................... 67
1. [~1205] Notice of Status ................................................ 67
2. [~1206] Notice to Vacate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. 68
3. [~1207] Eligibility for Relocation Assistance and Payments .................... 68
4. [~1208] Move from Permanent Housing . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 68
5. [~1209] Service of Notice .............................................. 68
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RULES AND REGULATIONS
F'OR lIMPLEMENTATION 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 polieies of the
Relocation Assistance Law with respect to activities of the City:
1. To ensure that unifarm, fair and equitable treatment is afforded persons: displaced
fram 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 ta 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 7267.8(a) of the C~lifomia 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 Cammunity Development; Title
25 Code of Regulations, Section 6000 et. seq. (the "Guidelines").
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.
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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 staffis authorized to automatically, without further approval of the
City Council, amend these Rules and Regulations accordingly.
D. [~ 104] Extent of Relocation Payments
The City shall provide relocation assistance and shall make all ofthe 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 ifthe 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 Civil Code.
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
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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, tlle 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.
II. [~ 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 replacfment dwelling, except that with respect to the number of rooms,
habitable living spa.ce and type of construction the dwelling need be only adcequate, 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 owm~r, 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 stockholder, stock held
by a person, his or her spouse and their 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 Rental 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% ofthe 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, provided such lawful
activity is not in an unlawful occupancy as defined in Section 241, 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 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.
J. [~210] Comparable 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;
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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 person if the monthly rental cost of the dwelling minus any
replacement housing payment available to the,person does not exceed thirty (30%)
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;
7 . Available on the private market to the displaced person and available to all persons
regardless of race, color, sex, marital status, religion, familial status or national
origin in a manner consistent with Title VIII ofthe Civil Rights Act of 1986 or any
other applicable state or federal anti-discrimination law.
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 seve:ralty. It is
an arrangement under which persons in a housing development hold full title to 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 other conveyance to the real property being al::quired 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.
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M. [~ 213] Decent, Safe and Sanitary Housing
"Decent, safe, and sanitary" means:
Housing in sound, clean, and weather-tight condition, in good repair, and adequately
maintained in conformance with the applicable state or local building, plumbing,
electrical, housing and occupancy codes or similar ordinances or regulations and meets
the following minimum standards:
1. Each housekeeping unit shall include a kitchen with a fully useable sink, a stove or
connection for a stove, a separate and complete bathroom, hot and cold running
water in both bathroom and kitchen, an adequate and safe wiring system for lighting
and other electrical services and heating as required by climatic conditions and local
codes.
2. Each nonhousekeeping unit shall be in conformance with State and local standards
for boarding houses, hotels, and other dwellings for congregate living.
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.
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.
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R. [~ 218] Displaced Person
"Displaced Person" means any person who moves from real property, or who moves his
or her personal property from real property, either:
1. As a 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 ofthe City, or as the
result of a written order from the City to vacate the real property for public use;
or.
2. As a result of the rehabilitation.. demolition, or other displacing activity
undertaken by the City or by any person having an agreement with or acting on
behalf of the City, of real property on which the person is in lawful occupancy
or conducts a business or farm operation, and the displacement, except as
provided in Government Code Sections 7260( c )(3) and 7262.5, lasts longer than
90 days.
When the term "dec:ent, 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 unit which is occupied by no more than the maximum number of people
allowed under the State Building Code shall be considered to be in compliance with the
occupancy proVISIons
This definition shall be construed so that persons displaced as a result 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 oflow 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 agency 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 who is a post-acquisition tenant.
(3) Any person who has occupied the real property for the purpose of obtaining
relocation benefits and assistance.
(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.
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(5) Any person who is an occupant of a "Qualified affordable housing preservation
project" and 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:
(a) All other financial benefits and services otherwise required under these
Rules and Regulations are provided to the tenants temporarily displaced
from their units.
(b) 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:
(1) up to 5 percent higher than the rent at the time of displacement; or
(2) up to 30 percent of household income.
(3) The temporary unit is not unreasonably impacted by the effects ofthe
construction, taking into consideration the ages and physical
conditions of the members of the displaced household, and the
estimated period of displacement is reasonable.
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 ofthe 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
agency 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.
(6) Any person occupying private property (not otherwise entitled to relocation
benefits as a result of an acquisition, rehabilitation, or demolition program) who
is required to move as a result of the displacing agency's routine enforcement
of building, housing, or health codes unless the code enforcement is undertaken
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for the purpose of causing displacement in coordination with an identified
rehabilitation, construction, or demolition program or project.
(7) A person who is not required to move permanently or temporarily as, a result of
the project as long as they are notified they are not required to move and the
project dQl;~s not impose an unreasonable change in the character or use of the
property.
(8) An owner occupant who moves as a result of an acquisition meeting the
requirements of Govemment Code Section 7277.
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.
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, a recreational vehicle as d4~scribed in
Health & Safety Code Section 18010, 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 residence 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 S 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 ofhousehoild, plus all
other individuals who by blood, marriage adoption or mutual consent live together as a
family unit.
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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.
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$500.00 for each dependent in excess of three.
2. A deduction of ten percent (10%) of total income for an elderly or handicapped
household.
3. A deduction for recurring, extraordinary medical expenses, defined for this purpose
to mean medical expenses in excess ofthree percent (3%) oftotal 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] Initiati~n 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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ce. [~ 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 Resort Housing as herein defined does not refer to "replacement dwelliing 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] Manufactured Home or Mobilehome
"Manufactured Home" or "Mobilehome" means a structure described in Health and
Safety Code Sections 18007 and 18008.
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 otht~r 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 premis.es.
GG. [~ 233] Ownership
"Ownership" means holding any ofthe following interests in a dwelling, or a contract to
purchase one of the first six (6) interests:
1. A fee title;
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;
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7. A leasehold interest with an option to purchase.
In the case of one who has succeeded to any ofthe 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.
BB. [~ 234J Person
"Person" means any individual, family, partnership, corporation, limited liability
corporation or association.
II. [~ 235J 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 (other 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 case 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.
JJ. [~236J Post-Acquisition Tenant
"Post-acquisition tenant" means a tenant who lawfully commences to occupy property
only after the City acquires it.
KK. [~ 237J 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. [~238J Public Use
"Public use" means a use for which real property may be acquired by eminent domain.
MM. [~ 239J Small Business
"Small Business" means a business as defined in Part 24 of Title 49 of The Code of
Federal Regulations.
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NN. [~ 240] Tenant
A person who rents or is otherwise in lawful possession of a dwelling, including a
sleeping room, which is owned by another.
00. [~241] Unlawful Occupancy
A person is considered to be in unlawful occupancy if the person has been ordered to
move by a court of competent jurisdiction or ifthe person's tenancy has been lawfully
terminated by the owner for cause, the tenant has vacated the premise:s, and the
termination was not undertaken for the purpose of evading relocation assistance
obligations.
III. [~300] RELOCATION ADVISORY ASSISTANCE
A. [~301] 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 early 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 operations; and
provides for the resolution of these problems in orderto 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 elibrible for advisory services to the extent determined by the City.
The relocation advisory assistance to be provided by the City shall inc:lude such
measures, facilities and/or services as may be necessary or appropriate in ord'er 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 prior to
displacement, to the extent that it can be reasonably accomplished, there will be
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available comparable replacement dwellings sufficient in number and kind for and
available to such eligible residents;
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 ofrace, 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, the Rumford Act and
applicable state and federal anti-discrimination laws;
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 persons 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
pursued in carrying out the project.
B. [~ 302J Information Program
1. [~ 303J 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
various alternative mechanisms shall be the likelihood of actually communicating
information to such persons. Legal publications, legal ads in local newspapers of
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general circulation and similar means are inadequate if they are likely to go
unnoticed.
2. [~ 304] Personal Contact
Within sixty (60) days following the initiation of negotiations to acquire a parcel of
real property, but not later than the close of escrow on the 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. For projects by private parties with an agre1ement with
the City, the "initiation of negotiations" shall be the later of the date of acquisition
or the date of the written agreement between the private entity and 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 shall 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:
a. The cost attributable to the displaced person's actual occupan.cy of the
replacement housing shall be paid;
b. 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
c. 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.
Example
(1) Cost incurred for an actual move conducted by a professional moving
company; and
(2) Rental charges incurred prior to receipt of relocation benefits.
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4. [~ 306] Information Statement for Relocation Assistance
Within 60 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:
a. A general description of the nature and types of acti vi ties that will be undertaken
and identification ofthe displacement area involved, including a diagrammatic
sketch of such area;
b. 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;
c. 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;
d. 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;
e. Identification of the City's relocation program and a description of relocation
services and aids that will be available;
f. Encouragement to visit the City's relocation office and cooperate with staff, and
the address, telephone number and hours of the relocation office;
g. Information to residents on replacement dwellings, including;
(1) A brief description of what constitutes a replacement dwelling, including
physical standards;
(2) A layman's description of applicable federal, state and local fair housing
laws;
(3) A statement that the City will identify available comparable replacement
dwellings and will provide assistance to persons in obtaining housing of
their choice, including assistance in referring complaints of discrimination
to the appropriate federal, state or local fair housing enforcement City;
(4) A statement that persons may seek their own housing accommodations, and
urging them, ifthey do so, to notify the City prior to making a commitment
to purchase or occupy the property.
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h. 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;
1. A statement to businesses describing the requirement for prior notification to the
City of the business concern's intention to move;
J. A summary of the City's eviction policy;
k. A statement describing the City's grievance procedure, its purpose and how it
may be used;
1. 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 shall 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 language(s) most easily understood by
the recipients. In displacement areas where there are significant concentrations of
persons who do not read, write, or understand English fluently, the native language
of the people should be used and all informational material should be provided in the
native language(s) and English.
7. [~309] Method of Delivery of Informational Material
To assure receipt of the informational material, the City shall an-ange 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, return 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
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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) Ownership or tenant preference;
(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 (including transportation and schools) and
neighborhood conditions (including municipal services).
(12) Such other matters that concern a household as its members contemplate
relocation.
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b.. [~313J 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)
. shall have the right to inspect such documents containing information relating to him
to the extent and in the manner provided by law.
3. [~ 316] Updatmg 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 their 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. [~ 318J Contracting for Relocation Services
The City may enter into a contract with any individual, firm, association, corporation or
governmental City having an established organization for conducting relocation assistance
prognims, for the purpose of providing relocation advisory assistance.
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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.
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 approval to the City Council. When the City's
action will only result in an insignificant amount of non-residential displacement or
residential displacement will not exceed 15 households, the requirements of this section
need not be satisfied.
B. [~ 402] Contents of Plan
A Relocation Plan shall include the following;
~ A diagrammatic sketch of the displacement area;
~ Projected dates of displacement;
~ An written analysis of the aggregate relocation needs of all persons to be displaced,
in accordance with Section 403, and a detailed explanation as to how these needs are
to be met;
~ An written analysis of replacement housing resources, in accordance with Section
404;
~ A detailed description of the relocation advisory services program, including specific
, procedures for locating and referring eligible persons to comparable replacement
housing;
~ A description ofthe relocation payments to be made in accordance with Section 600
and a plan for disbursement;
~ A cost estimate for carrying out the plan and identification of the source of the
necessary funds;
~ A detailed plan by which any last resort housing as described in Section 405 is to be
built and financed;
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~ A standard information statement to be sent to all persons displaced in accordance
with Section 306;
~ Temporary relocation plans, if any;
~ A description of relocation office operation procedures;
~ Plans for citizen participation;
~ An enumeration of the coordination activities undertaken pursuant to Section 319;
~ The comments of the relocation committee, if any;
~ 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:
a. Separate information concerning homeownership and rental units;
b. The number of units identified by cost for each size category;
c. 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;
d. Description of the locational characteristics of the displacement area
neighborhoods corresponding to the requirements of comparable replacement
dwellings;
e. Information concerning proximity to present employment sources, medical and
recreational facilities, parks, community centers, shopping, transportation and
schools;
f. 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 shall 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:
a. Separate information concerning homeownership and rental units;
b. The number of units available by cost for each size category;
c. 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;
d. Description ofthe locational characteristics ofthe neighborhoods in the survey
area (established pursuant to Sections 503-505 below) corresponding to the
requirements of comparable replacement dwellings.
e. Information concerning proximity to present employment sources, medical and
recreational facilities, parks, community centers, shopping, transportation and
schools;
f. 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:
a. How, when and where the housing will be provided;
b. How the housing will be financed and the amount of funds to be allocated to
such housing;
c. The prices at which the housing will be rented or sold to the families and
individuals to be displaced;
d. The arrangements for housing management and social services, as appropriate;
e. The suitability of the location and environmental impact of the proposed
housing;
f. The arrangements for maintaining rent levels appropriate for the persons to be
rehoused;
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g. The disposition of proceeds for rental, sale or resale of such housing;
h. Any referendum or zoning requirements, which presents an obstade, shall be
addressed and the appropriate procedures to be followed.
4. [~ 406] Information Required
The Relocation Plan shall contain sufficient facts to show that:
a. Fair and reasonable relocation payments will be provided to eligible: persons as
required by state law and these Rules and Regulations;
b. A relocation advisory assistance program will be established in conformance
with state law and these Rules and Regulations;
c. 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;
d. 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 timle prior to
displacement sufficient in number, size and cost for the eligible pe:rsons who
require them;
e. 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;
f. A relocation plan meeting the requirements of state law and these Rules and
Regulations has been prepared;
g. The necessary relocation resources will be available as required;
h. 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 forreview 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 relocation committee, if
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applicable, for review, and notice of availability of the proposed Relocation Plan for
review shall be provided to the occupants to be displaced.
Any displaced person or interested organization may petition the Department (HCD) to
review the specific Relocation Plan required to be submitted by the City.
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 of more than one year in the implementation of a Specific Relocation
Plan prepared by the City, such Specific Relocation Plan shall be updated prior to
implementation of the relocation program.
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 requjre such dwellings. In any event, permanent housing facjlities 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 wi thin 12 months
of the date of the temporary move.
B. [~ 502] Procedures for Identifying Comparable Replacement Dwellings
1. [~503] Survey of Available Replacement Dwellings
Within 60 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 recent, 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.
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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.
b. [~ 506] Gross Number of Comparable Replacement Dwellings
(1) [~.507] Standard Generally
Only dwelling units which satisfy the standards of comparable
replacement dwellings, including the locational criteria, shall be counted
as a relocation resource.
(2) [~508] Uncompleted New Construction or Rehabilitation
Uncompleted new construction o'r 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 considered;
(d) 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:
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(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 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 co.nstruction or rehabilitation, such
publicly subsidized dwelling units are being subsidized to provide
relocation resources~
c. [~ 510] Adjustment for Concurrent Displacement
The gross numberof comparable 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. [~ 511] Review of Survey Results .
When more than fifteen (15) 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. [~ 512] Referrals of Replacement Dwellings
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 satisfy the requirements ofthis Section. Such referrals shall be in writing, in
a language understood by the displaced resident.
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
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justification, the number of specifically identified comparable replacement dwellings
provided for in this Section.
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, arnong other
appropriate 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 or 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;
e. The City will pay all costs in connection with the move to temporary
replacement housing, including increased housing costs.
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'E. [~ 517] Provision of Last Resort Housing
1. [~ 518] Authorization; Methods
Whenever comparable replacement dwellings are not available, or are not available
within the limits of Sections 605 and 615 as appropriate, the City shall provide
additional or alternative assistance under the provisions ofthis Section.
The methods of providing replacement housing of last resort include, but are not
limited to:
a. A replacement housing payment calculated in accordance with the provisions
of Section 600 as appropriate, even if the calculation is in excess of the
monetary limits of Sections 605 and 615. A rental assistance payment under
this part shall be paid to the displaced person in a lump sum, or at the discretion
of the City. $5,250 shall be paid to the displaced person in a lump sum upon
displacement and the remainder of the payments shall be paid to the displaced
in periodic payments over a period not to exceed 42 months unless otherwise
specified by statute.
b. Major rehabilitation of and/or additions to an existing replacement dwelling in
a sum equal to or greater than the payment to which the displaced person is
entitled under Section 518(a).
c. The construction of a new replacement dwelling in a sum equal to or greater
than the payment to which the displaced person is entitled under Section 518( a).
d. The relocation and, if necessary, rehabilitation of a dwelling.
e. The purchase ofland and/or a replacement dwelling by the City and subsequent
sale or lease to, or exchange with a displaced person.
f. For purposes of accommodating the needs of handicapped persons, the removal
of barriers to the handicapped.
Only at the discretion of the City are post-acquisition tenants entitled to last resort
housing payments.
2. [~ 519] Nondiscrimination
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. The City
shall encourage participation by minority persons in all levels of construction,
rehabilitation, planning, financing and management oflast 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
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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 oflow income residing in the area of such housing
and shall deteJmine 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 oflast resort housing by the City shall be in accord with the provisions
of all applicable federal and state non-discrimination laws_and regulatJions 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 displac(:d 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.
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. Ifhe occupied the substandard dwelling unit following referral 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 ofthe City's referral
or failure to refer, when the substandard dwelling unit is brought into compliance
with the decent, safe and sanitary standard.
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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
incidental 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 Hazard Mitigation and Relocation Assistance Act of 1993 (42 V.S.C. 5121)
and/or the California Natural Disaster Assistance Act;
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.
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 property therefrom because he is displaced
by the City from other real property on which he conducts a business shall be eligible only
for payments provided 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:
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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 ltwelve (12)
months, as determined by the City to be necessary in connection with re:location;
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 machinery, equipment or 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 $22,500. 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 ofthe acquired dwelling and the actual purchase price ofthe 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 180 days prior to the initiation of negotiations for
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acquisition of such dwelling. (This time requirement may be modified in
accordance with the provisions of Section 606a);
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.
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 ofthe 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 public 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 determine the date of occupancy to be the date the
displaced resident enters into a contract 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. Ifby 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 confilned to the
sub-area from which 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 price ranges; or
(3) Alternative Method. Where the City determines that neither thle 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 ofthe mortgage on the acquired dwelling over its remaining term at the
time of 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 s(~rvice 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.
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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 ofthe 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.
Payment for any such expenses shall not exceed the amount attributable 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 ofthe debt service
or finance charge under Title I of the Truth 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
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based on the cost of a comparable one-family unit in a multi-family building of
approximately the same density or ifthat 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 COllldominium
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 suecessor acceptable index, shall be deemed a purchase of the
condominium.
E. [~ 614] Replacement Housing Payments for 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 $5,250.00 for either:
a. An amount necessary to enable such person to lease or rent a comparable
replacement dwelling for a period not to exceed 42 months; 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 610).
2. [~ 616] Eligibility
A displaced resi.dent 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 negoti.ations for
acquisition of such dwelling. If a resident satisfies all but the 90-day
requirement and can establish to the satisfaction ofthe City that he occupied the
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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 he 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 ofthe 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 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-two
(42) times the base monthly rental of the displaced resident, from forty-two (42)
times the monthly rental for a comparable replacement dwelling; provided, that
in no case may such amount exceed the difference between forty-two (42) times
the base monthly rental and forty-two (42) times the monthly rental actually
required for the replacement dwelling occupied by the displaced resident.
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(1) Base Monthlv 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) thirty percent (30%) of the displaced resident's average monthly gross
income, unless the displaced person meets one or more of the
following conditions; in which case, the payment of the monthly
rental cost of the comparable replacement dwelling, including
estimated average monthly utility costs, minus any replacement
housing payment available to the person shall not exceed twenty-five
percent (25%) ofthe person's average monthly income:
(1') Prior to January 1, 1998, the displaced person received a notice
to vacate from the City or from a person having an agreement
with the: City.
(2) The displaced person resides on property that was acquired by
the City or by ~ person having an agreement with the;: City prior
to January 1, 1998.
(3) Prior to January 1, 1998, the City or a person having an
agreement with the City, initiated negotiations to acquire the
property on which the displaced person resides.
(4) Prior to January 1, 1998, the City, or a person having an
agreement with the City, entered into an agreement to acquire the
property on which the displaced person ,resides.
(5) Prior to January 1, 1998, the City, or a person having an
agreement with the City, gave written notice of intent to acquire
the property on which the displaced person resides.
(6) The displaced person is covered by, or resides in an area or
project covered by, a final relocation plan that was adopted by
the legislative body prior to January 1, 1998.
(7) . The displaced person is covered by, or resides in ,an area or
project covered by, a proposed relocation plan that was required
to have been submitted prior to January 1, 1998, to the
Department of Housing and Community Developm,;;mt or to a
local relocation committee, or for which notice was required to
have been provided to occupants of the property prior to January
1, 1998.
(8) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was
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submitted prior to January 1, 1998, to the Department of
Housing and Community Development or to a local relocation
committee, or for which notice was provided to the public or to
occupants of the property prior to January 1, 1998, and the
person is eventually displaced by the project covered in the
proposed relocation plan.
(9) The displaced person resides on property for which a contract for
acquisition, rehabilitation, demolition, construction, or other
displacing activity was entered into by the City, or by a person
having an agreement with the City, prior to January 1998.
(10) The displaced person resides on property where an owner
participation agreement, or other agreement between the City
and a private party that will result in the acquisition,
rehabilitation, demolition, or development of the property or
other displacement, was entered into prior to January 1, 1998,
and the displaced person resides in the property at the time of the
agreement, provides:information to the City, or person having an
agreement with the City showing that he or she did reside in the
property at the time of the agreement and is eventually displaced
by the project covered in the agreement.
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.
(2) Rental for Comparable Replacement Dwelling. The monthly rental for
a comparable replacement dwelling shall be determined by the City using
one of the following methods:
(a) Comparative 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 rental
charges 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 rental
charge for each type of dwelling to be rented. The analysis may be
confined to other sub-area from which the persons are displaced or
may cover several different sub-areas, if they satisfy or exceed the
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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 monthly rental and the rental for a c:omparable
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.
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. [~ 620] Rental Payments for Displaced Homeowners and Dependent:~
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 residencl'? 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 the purposes of this Section "dependent" shall be a
person who derives fifty-one percent (51 %) or more of his income in the form
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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 Manufactured Homes and
Mobilehomes
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 manufactured homes
or mobilehomes.
2. [~625] Moving Expenses: Retention and Move of Manufactured Home or
Mobilehome
If a manufactured home or mobilehome 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 manufactured home or mobilehome in the following situations:
a. A resident who owns a manufactured home or mobilehome 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 manufactured home or
mobilehome 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 manufactured home or mobilehome 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 manufactured home or mobilehome 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:
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(1) The amount necessary to purchase a conventional eomparable
replacement dwelling; and
(2) The amount necessary to purchase a replacement manufactur,ed home or
mobilehome (in 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 manufactured home or
mobilehome shall be provided a payment under Section 604 ifhe purchases a
replacement site and under Section 614 ifhe rents a replacement site.
e. A resident who owns a manufactured home or mobilehome which ilS acquired
and rents the site shall be provided payment as follows:
(1) If a manufactured home or mobilehome, if appropriate, is not available
the amount required to purchase a conventional replacement dwelling (in
accordance with Section 604);
(2) The mnount necessary to purchase a replacement manufactured home or
mobilehome (in accordance with Section 604) plus the amount: necessary
to lease, rent or make a down payment on a replacement site (in
accordance with Section 614); or
(3) Ifhe elects to rent a replacement manufactured home or mobilehome 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 manufactured home or mobilehome 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 (wheth<;:r they are
members of one family or not) living together in, and displaced from, a singl(~ 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 ofthe 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 ofthe replacement housing payment otherwise
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payable. The owner-occupant shall not be required to share the payment to which he is
entitled or to accept a prorated amount.
VII. [~ 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 expenses 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 ofthe displaced business, its agents or employee)
in the process of moving, where insurance covering such loss, theft, or damage
is not reasonably available;
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;
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g. The cost directly related to displacement modifying the machinery, equipment,
or other personal property to adapt it to the replacementlocation or to utilities
available at the replacement location or the cost of modifying the power supply.
h. Claims for reimbursement of all such costs shall be subject to the following
limitations:
(1) Reimbursable costs shall be reasonable in amount;
(2) The cost could not be avoided or substantially reduced at am alternate
available and suitable site to which the business was referred.;
1. The cost of any license, permit, or certification required by a displacc::d business
concern to the extent such cost is necessary to the reestablishment of its
operation at a new location;
J. The Reasonable Cost of Consultants including: architects, engineers, or others
providing general or specialized services pecessary 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 selvices 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. Inforrnation on the area of expertise 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.
k. 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 afterreasonable efforts have been made over
a reasonable period of time to interest prospective purchasers. The displaced
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business shall be reimbursed for the reasonable costs of such effort to sell the
tangible personal property.
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
reimbursement 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 ofthe 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 oftime to interested prospective purchasers. The
reasonable cost of an effort to sell the personal property shall be added to the
determination of loss under this Section.
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In the event personal property which is sold or abandoned is promptly 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 displacc;:d business
shall be paid the amount specified in Section 703j.
3. [~ 705] Actual Reasonable Expenses in Searching for a Replacement Business
Actual Reasonable Expenses incurred in searching for a replacement 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 confinned hourly
wage rate not to exceed Ten and No/IOO Dollars ($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 m::w location
is One Thousand and No/l 00 ($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 $1,000.00 may be authorized when circumstances warrant.
c. [~ 706] Actual Reasonable Expenses To Reestablish A Small Business or Nonprofit
Organization
1. A farm, small business or nonprofit organization shall be compensated in an amount
not to exceed $10,000.00, for actual reasonable expenses necessary to reestablish the
farm, small business or nonprofit organization at its new site. Reestablishment
expenses shall be only those expenses that are reasonable and necessary and include,
but are not limited to:
(a) Repairs or improvements to the replacement property as required by Federal,
State, or local law, code, or ordinance.
(b) Modifications to the replacement property to accommodate the business
operation or make replacement structures suitable for conducting the business.
(c) Construction and installation costs for exterior signing to advertise the business.
(d) Provision of utilities from right-of-way to improvements on the replacement
site.
( e) Redecoration or replacement of soiled or worn surfaces at the replacement site,
such as paint, paneling, or carpeting.
(f) Licenses, fees, and permits when not paid as part of moving expens1es.
(g) Feasibility surveys, soil testing, and marketing studies.
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(h) Advertisement of replacement location.
(i) Professional services in connection with the purchase or lease of a replacement
site.
(j) Estimated increased costs of operation during the first two (2) years at the
replacement site for such items as:
(1) Lease or rental charges;
(2) Personal or real property taxes;
(3) Insurance premiums, and
(4) Utility charges, excluding impact fees.
(k) Impact fees or one time assessments for anticipated heavy usage.
(1) Other items essential to the reestablishment of the business.
(m) For purposes of this section, the term "small business" shall mean a business
having not more than 500 employees working at the site being acquired or
displaced by a program or project, which site is the location of economic
activity. Sites occupied solely by outdoor advertising signs, displays, or devices
do not qualify as a small business for purposes of this section.
2. The following is a nonexclusive listing of reestablishment expenditures not
considered to be reasonable, necessary, or otherwise eligible:
(a) Purchase of capital assets, such as office furniture, filing cabinets, machinery,
or trade fixtures.
(b) Purchase of manufacturing materials, production supplies, product inventory,
or other items used in the normal course of the business operation.
( c) Interior or exterior refurbishments at the replacement site which are for aesthetic
purposes, except as provided in Section 706(b)(5).
(d) Interest on money borrowed to make the move or purchase the replacement
property.
(e) Payment to a part-time business in the home which does not contribute
materially to the household income.
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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 Sec:tion 702, a
payment equal to the average annual net earnings of the business, except that
such payment shall not be less than $1,000.00 or more than $20,000.00 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 is not operated soley for rental purposes and 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 relative
importance to the displaced business of its present and proposed location,
and the availability of a suitable relocation site;
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(2) The business is not part of a commercial enterprise having no more than
three (3) other establishments which are not being acquired for a project
and which is engaged in the same or similar business. Whenever the sole
remaining facility of a business which has been displaced from its
principal location:
(aa) Has been in operation for less than two (2) years.
(bb) Has had annual gross receipts ofless than $2,000 during the two
(2) taxable years prior to the displacement of the major
component of the business; or
(cc) Has had average annual net earnings ofless than $1,000 during
the two (2) taxable years prior to displacement of the major
component of the business, the remaining facility will not be
considered another "establishment" for purposes of this Section;
and
(3) The displaced business:
(aa) Had average annual gross receipts of at least $5,000 during the
two (2) taxable years prior to displacement; or
(bb) The displaced business had average annual net earnings of at
least $1,000 during the two (2) taxable years prior to
displacement; or
(cc) The displaced business contributed at least thirty-three and one-
third percent (33 1/3%) of the total gross income of the owner(s)
during each of the two (2) taxable years prior to displacement.
(4) For purposes of this section, the term "average annual net earnings"
means one-half of any net earnings of the business before federal and state
income taxes during the two taxable years 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 ofthe 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 $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 substantial 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 reasonably 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.
(2) The provision oftechnical 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 ofthe date on which the claimant receives final payment for
the property or 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 $1,000 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 $1,000 are
obtained, a claim maybe 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.
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 ofthe work. Bids submitted in response to such solicitations shall
be exempt from regulation by the Public Utilities Commission.
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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 ofthe 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 records 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 cmticipated
moving expenses in advance of the actual move. The City shall provide advance
payment whenever later 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. [~911] Direct Payment
By prearrangement 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.
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
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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 i~ 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 offer upon which the provisional replacement housing payment is
based, the difference 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.
2. [~918] Rent Differential Payments
When the City has determined the amount of the rent differential 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.
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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 offers of
additional assistance in moving to a decent, safe and sanitary replacement dwelling
and receives all payments to which he is entitled;
3. All reasonable 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.
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 ofthese proceedings. In any case where
such evidence could have been presented at a lower level and the claimant faile:d 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 property
management practices, or not properly applying appropriate 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.
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c. [~1003] Informal Oral Presentation
Department Head Review: If the claimant feels that the written explanation is incorrect
or inadequate, he may request an informal hearing with the Department Head.
1. 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.
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 ofthe 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 hearing (at the cost ofthe 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.
d. 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
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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.
D. [~1004] City Council Review
If the claimant feels that the Department Head's determination following 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 authority 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 right 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; an.d the right
to seekjudicial 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 rules 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
representatives. 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 material
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
General: 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's) 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 claimant's grievance, except to the extent the confidentiality ofthe 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 records 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 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 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
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legislation to provide the opportunity for his application to be reviewed by the appropriate
department responsible for administering such payments.
J. [~ 1010] Severability
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 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
Application 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
Where 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.
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.
XI. [~1100] ACQUISITION PROCEDURES
A. [~1101] Acquisition of Property by Negotiation
1. 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 !,'llided in its property acquisition 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, orreplacement
of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm
water drains.
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2. The provisions of Sections 1102, 1103, 1106, 1108 and 1122 shall not apply when
the City makes 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 (a) 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, (b) the City offers a price which is
equal the specified price for which the property is being offered by the landowner,
and (c) 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 .
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.
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 ofthe property.
If a property is offered for sale pursuant to Government Code S 7267.2 (b), or if property
is acquired by donation to the City, an appraisal is not required. An appraisal is not
required if the fair-market value ofthe property to be acquired is estimated at $10,000 or
less based on a review of available data.
c. [~1103] Notice of Decision to Appraise
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 particular 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 ofthe
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 ofthe 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 be 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 ofthe
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 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 fmancial means.
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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 ofthe owner or occupant,
will be disregarded in determining the compensation for the property.
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 ofthe 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
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statement shall include detail sufficient to indicate clearly the basis for the offer,
including;.but not limited to, all of the following:
a. A general statement of the public use for which the property is to be acquired;
b. A sufficiently detailed description ofthe location, and extent of, and interest in,
the property to be taken;
c. An inventory identifying the buildings, structures, fixtures, and other
improvements;
d. A recital of the amount ofthe offer and a statement that such amount:
(1) Is the full amount believed by the City to be just compensation for the
property taken;
(2) Is not less than the approved appraisal of, the' fair market value of the
property;
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(3) Disregards any decrease or increase in the fair market value of the real
prop~rty to be acquired prior to the date of valuation caused by the proj ect
for which the propertyis.t() 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 of 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.
e. . Ifthe real property is a portion of a larger parcel, the statement shall include an
apportionment of the total estimated just compensation for the partial
acquisition between the value of the property being taken and the amount of
damage, if any, to the remainder of the larger parcel from which such property
is taken.
f. If the owner of the real property to be acquired is also the owner of a business
conducted upon the property or the remainder, the statement shall include an
indication of the amount of compensation for loss of goodwill.
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g. Where appropriate, the just compensation for the real property acquired and for
damages to remaining real property shall be separately stated and shall include
the calculations and narrative explanation supporting the compensation,
including any offsetting benefits.
h. The date of valuation used.
1. The highest and best use of the property.
J. The applicable zmiing.
k. The statement shall also include identification of some of the sales, contracts to
sell and purchase, and leases supporting the determination of value, including:
the names and business or residence addresses, if known, of the parties to the
transaction; the location of the property subject to the transaction; the date of
the transaction; the price and other significant terms and circumstances of the
transaction, ifknown.
Where the property involved is owner occupied residential property and
contains-no more than four residential units, the homeowner shall, upon request,
be allowed to review a copy of the appraisal upon which the offer is based. The
Agency may, but is not required to, satisfy the written statement, summary, and
review requirements of this section by providing the owner a copy of the
. appraisal on which the offer is based.
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 ofthe 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 provisions of Section 1100 to the contrary, the procedure for
determining and offering compensation for loss of goodwill in 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 property acquired by the City,
or on the remainder if such property is part of a larger parcel, the amount of just
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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 blenefits 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.
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 whether or
not a goodwill appraisal should be made.
Ifthe 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.
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4. [~ 1116] Business Records; Authorization to Negotiate
If the determination to appraise loss of goodwill is made as provided in Section 1115
the owner ofthe 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.
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;
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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 determim:d 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
p~oceedings to prove the fact of the taking of his property.
J. [~ 1121] 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 ofthe pro rata portion of
any real property taxes paid, which are allocable to the period subsequent to the date of
transfer of the property to the City.
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L. [~ 1123J Purchase Price as Public Information
The purchase price and other consideration paid by the City for real property is public
info~ation and shall be made available upon request.
M. [~1124J Service of Notice
Service of all notices required by this Section 1100 shall be made either by first class mail
or by personal service upon the person notified.
XII. [~ 1200J PROPERTY MANAGEMENT PRACTICES
A. [~1201J Short Term Rental
If the City permits an owner or tenant to occupy the acquired real 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. [~ 1202J 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. [~1203J 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 interruption 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 breach of the rental agreement and failure to correct such breach within
thirty (30) days of notice;
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5. Maintenance of a nuisance and failure to abate within a reasonable time following
notice;
6. Refusal to accept one of a reasonable 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, periodically, 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 pa~nnents 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.
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 ofthe Rules and Regulations.
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4. [~ 1208] Move from Permanent Housing
Where the City, on property it owns, is making housing available on a permanent
basis (i.e., not pending development), 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.
N:\PoliciesIRelotalionICITYPOLF adopted May 05.wpd
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