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HomeMy WebLinkAbout4687 RESOLUTION NO. 4687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING RELOCATION RULES AND RE- GULATIONS FOR IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCADIA that the Relocation Rules and Regulations for Imple- mentation of the California Relocation Assistance Law attached hereto as Exhibit "A" are hereby adopted. BE IT FURTHER RESOLVED that the City Clerk shall certify to the adoption of this resolution, I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 22nd day of November, 1977, by the af- firmative vote of at least three Council Members, to wit: AYES: NOES: Council Members Gilb, Lauber, Margett, Parry and Saelid None ABSENT: None ,~~h~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 22nd day of November, 1977. ATTEST: a~M2~/)~ City Clerk (SEAL) -1- 4687 ., 1) ,., ~ . EXHIBJt~AII CITY OF ARCADIA, CALIFORNIA RELOCATION RULES AND REGULATIONS FOR IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW Adopted: SEP 011977 ~ ~ ('l '" 1. A, B. C. [S 100] [S 101] [S 102] [S 103] II, [S 200] A, B. C. D. E, F, G. H. 1. J. K. L. M. N, o. P. [S 201] [S 202] [S 203] [S 204] [S 205] [S 206] [S 207 ] [S 208] [S 209] [S 210] [S 211] [S 212 ] [S 213] [S 214] [S 215] [S 216] TABLE OF CONTENTS GENERAL --------------------------------- Purpose ---------------------------- Authority -------------------------- Extent of Relocation Payments ------ DEFINITIONS ----------------------------- Acquisition ------------------------ Average Annual Net Earnings -------- Business --------------------------- City ------------------------------- Comparable Replacement Dwelling --------------------------- Condominium ------------------------ Conventional Loan ------------------ Date of Initiation of Negotiations ----------------------- Decent, Safe, and Sanitary Dwelling --------------------------- Displaced Business ----------------- . Displaced Person ------------------- Dwelling --------------------------- Family ----------------------------- Mobile Home ------------------------ Mobile Home Site ------------------- Mortgage --------------------------- - i - PAGE 1 1 1 1 2 2, 2 2 3 3 4 4 4 4 4 5 5 5 6 6 6 SEP 0 11~77 f) ,.., n Q. R. S. T. u. III. [S 300] A. B. C. D. E. IV. [S 400J A. B. C. D. [S 217] [S 218] [S 219] [S 220] [S 221] Nonprofit Organization ------------ Person ---------------------------- Personal Property ----------------- Prepaid Expenses ------------------ Purchase of a Comparable Replacement Dwelling -------------- RELOCATION ADVISORY ASSISTANCE --------- [S 301] [S 3021 [S 303J [S 304] [S 305J Persons and Businesses to Whom Relocation Advisory Assistance Shall be Provided ----------------- Neighborhood Relocation Office Relocation Advisory Assistance Coordination of Relocation I Assistance Program ---------------- Contracting For Relocation Services ----------------~--------- RELOCATION PAYMENTS TO DISPLACED PERSONS -------------------------------- [S 401] IS 402J Eligibility ----------------------- Actual Reasonable Expenses in Moving ---------------------------- [S 403] [S 404J 1. 2. [S 405J [S 406] Allowable Moving Expenses ---- Nonallowable Moving Expenses and Losscs ------------------- Paymcnts in Lieu of Actual Reasonable Expenses in Moving ----- Replacement Housing Payments ------ - ii - PAGE 6 6 6 7 7 8 8 8 8 9 9 9 9 10 10 11 12 13 SEP 011':m , 't> 1. '" r" a, b. 2. [S 407) Repl'acement Housing Pay- ments For Displaced Owner- Occupants --------------------- [S 408J Eligibility: Method and Time for Payment --------- Amount and Computation of Replacement Housing Pay~ent For Displaced Owner-Occupants ---------- ,[S 409] (1) [S 410] Differential Payments ------------ (2) '[S 411] (3) [5 412] Interest Payment ---- Incidental Expense Payment'------------- (4 ) [S 413] Displaced Persons Who Are Joint Owner- Occupants of a Dwelling ------------ r 5 414] Replacement Housing Payments For Displaced Tenants and Others ------------------------ a, [S 415] [S 416] Amount and Computation of Replacement Housing Pay- ment For Displaced Tenants and Others ------- Eligibility -------------- b, c. [S 417] Rental Assistance Payment ------------------ d, [S 418) Purchase Assistance Payment ------------------ - Hi - PAGE 13 13 14 14 15 15 15 16 16 16 17 18 SEP 011977 . ~ (~ . [S 419) L~mitations and Disburse- ment of Replacement Housing Payment to Dis- placed Tenants and Others ------------------- v, (1) [S 420] Joint Occupants ----- (2 ) [ S 421J Rental Replacement Housing ------------- (3 ) [ S 422J Disbursement of Rental Replacement Housing Payrnen ts [S 5001 RELOCATION PAYMENTS TO THE DISPLACED BUSINESSES ------------------------------ A. [S 501] Actual Reasonable Moving Expenses -- 1. [S 502] Allowable Moving Expenses ----- 2, [S 503] Limitations ------------------- " 3, [S 504] Nonallowable Moving Expenses and Losses -------------------- B, [S 505] Expenses in Searching for a Replacement site For the Displaced Businesses ------------------------- c, [S 506] Actual Direct Losses of Tangible Personal Property of the Dis- placed Business -------~------------ PAGE 19 19 20 20 20 21 21 22 24 24 25 D, [ S 5071 Payments in Lieu of Moving and Related Expenses ------------------- 27 1. [ S 508) Eligibility ------------------- 27 2 . ( S 509 I Amount of Payment ------------- 28 (') - iv - SEP 011977 t) ~ '('I VI. A. B. c. D. VII. [S 700] A. B, C. D. VIII. IS 800J A. B. c, D. E, F, G. IS 600) MOBILE HOMES AND MOBILE HOME SITES ----- [S 601] IS 602] [S 603) 1. 2, 3, [S 607] IS 701) [S 702] [S 703] [S 704J Acquisition of Mobile Homes and Mobile Home Sites ----------------- Relocation Advisory Assistance ---- Relocation Payments --------------- [S 604] Displaced Persons from a Mobile Home Site Acquired by the Agency ---------------- [S 605] Displaced Persons in Mobile Homes Acquired by the Agency ---------------- [S 606] Computation of Replace- ment Housing Payment --------- Mobile Homes as Replacement Dwellings ------------------------- REQUIREMENTS PRIOR TO DISPLACEMENT ----- Ninety-Day Notice ----------------- Availability of Comparable Replacement Dwelling -------------- Determination of Availability ----- Use of Temporary Housing ---------- APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW --------------------------------- IS 801] Notification of Claimant ---------- [S 802] Right of Review ------------------- [S B03) Review of Files ------------------- IS 804J Effect of Determination on Other Persons --------------------- IS 805] Construction of These Rules and Regulations ------------------- [S 806] Right to Counsel ------------------ [S 807] Judicial Review ------------------- - v - PAGE 28 28 29 30 30 30 30 31 31 31 32 32 32 33 33 33 34 35 35 35 35 S E POl 1977 . ~ PAGE IX. [S 900J ACQUISITION PROCEDURES ----------------- 35 A. [S 901] Just Compensation ----------------- 35 8, [S 902] Initiation of Negotia tions -------- 35 1. ( S 903] Statement to be Furnished Owner -------------- 35 2. [S 904J Offer to Purchase ------------ 36 C, [ S 905] Appraisal Standards --------------- 36 D. [5 906) Contracts to Purchase Real Property --------------------- 36 ("t n - vi - S E POI 19n :~ ('. (") RELOCATION RULES AND REGULATIONS I. IS 100] [5 101) Purpose GENERAL A. The purpose of these Relocation Rules and Regulations ("Relo- cation Rules and Regulations") is to implement the California Relocation Assistance Law (Government Code, Section 7260 et '5eq,) and the Guidelines adopted and promulgated by the California Commi- s ion of Hous ing and Communi ty Deve lopmen t (the "Guide lines"), and to insure that relocation payments and assistance provided by the City of Arcadia (the" City") will be administered in a fair, reasonable, and uniform manner and will be made as promptly as possible to persons and businesses displaced as a re- sult of the acquisition of real property by the City, B. [S l02J Authority These Relocation Rules and Regulations have been adopted by resolution of the City pursuant to Section 7267,8(a) of the ,California Government Code, and are consistent with the California Relocation Assistance Law and the Guidelines, C. [S 103) Extent,of R~location Payments The City may, also, make any other relocation assistance payment, or may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by these Rules and Regulations, if the making of such payment or the payment in such amount, is required under Federal law to secure Federal funds. SEP 011977 ~ ("l ~ II. (S 200 ] DEFINITIONS A, [.5 201 ] Acquisition "Aquisition" means the acquisition of real property by the City by purchase or by the use of eminent domain. B. [S 2021 Average Annual Net Earnings "Average annual net earnings" means the average of the net earnings of the business or farm operation before Federal, State, and local income taxes (including salaries, wages, or other compensation paid by the business o~ farm operation to the owner, its spouse, or its dependents), during the two taxable years immediately preceding the date of displacement of such business or farm operation. ' In the event that a displaced business or farm operation was not in operation during the period of time prior to the date of displacement, as set forth in the preceding sentence, or in the event that the period so used shall not reflect a subs~antially equitable determination of the average annual net earninqs of the business or f~rm operation" then a'substitute peri.od determined by the Agency or its designee shall be used. In the case of a corporate owner of a business or farm operation, the net earnings of such business or farm operation shall include any compensation paid to the owner of a majority interest in the corporation and to the spouse or dependents of such owner. For the purpose of determining majority ownership, stock held by a husband, his wife, and their dependent children shall be treated as one unit. c, [S 203] Business "Business" means any lawful ac;tivity, except a farm operation, conducted primarily: 1, For the purchase, sale, lease, and rental of personal and real property, and for , the manufacture, processing, or marketing of products, commodities or any other per- sonal property; 2, For the sale of services to the public; - 2 - SEP 0119n ~ is: ,., ,.., ), By a nonprofit organization; 4. Solely [or the purposes of Section SOl of these Relocation Rules and Regulations" for assistinq in the 'purchase, sale, re- sale, manufacture, processing or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display regardless of whether the display is located on the premises on which any of the above activities were conducted. D, IS 204] City "City" means the City of Arcadia, California. E. [S 205} Comparable Replacement Dwelling "Comparable replacement dwelling'" means a dwelling which 1. Decent, safe, and sanitary, and adequate in size to accommodate the displaced person and his family; 2. Functionally equivalent and substantially the same as the acquired dwelling with respect to number of rooms, area of living space, age, and state of repair, but not excluding newly constructed housing; ), In an area not subjected to unreasonable adverse environmental conditions from either natural or man-made sources; 4. In an area not generally less desirable than the area in which the acquired dwelling was located in regard to (1) neighborhood condi- tions, including but not limited to municipal services and other env i ronmenta 1 factors, (2) public utilities, and (3) public and commer- cial facilities; 5, Reason~bly accessible to the displaced per- son's present or potential place of employment; 6, Available on the private market to the displaced person; 7, Open to all persons regardless of race, color, religion, sex, or place of national origin, - ) - S E POI 1977 . ~ (', (', consistent with the requirements of 'the civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968; 8. Within the financial means of the displaced person, F, [S 206] Condominium "Condominilun" means a combination of co-ownership and ownership in severalty, 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, G, [S 20i] Conventional Loan "Conventional Loan" means a mortgage commonly g'iven by banks and savings and loan associations to secure advances on, or the unpaid purchase price of real property, payment of which is not insured by any agency of the State or Federal governments. H, (S 208] Date of Initiation of Neqotiations "Date of Initiation of Negotiations" means the day on which the Agency makes the first personal contact with the property owner or his representative and furnishes him with a written offer to purchase the real property. r. [S 209 ] Decent, Safe, and Sanitary Dwelling "Decenti safe, and sanitary dwelling" means a dwelling which is in conformance with the City Housing Codes and the occupancy standards which conform with that Code, and which otherwise meet the standards established in the Guidelines and these Relocation Rules and Regulations, J, [S 210] Displaced Business "Displaced business" mean~ any business which is discon- tinued or moves from real property, or which moves its equip- ment, machinery, or other items of personal property from real property, as a result of: 1. The acquisition of the real property, in whole or in ,Dart, bv the City or bv nnv person having an agreement with or acting on behalf of the City; or - 4 SEP 01 1<177 2. ~ 3. The ~eceipt of a written notice from th~ Agency to vacate the real property; or An owner parti'cipation agreement or an acquisition carried out by a private person for or in connection with a public use in a Project where the Agency is otherwise em- powered to acquire the real property to carry out such public use in the Project; or 4: Solely for the purpose of Sections 301, SOl, 505, and 506 of these Relocation Rules and Regulations, the receipt of a written notice from the City to vacate other real property on which the business is conducted. K. [S 2llJ Displaced Person "Displaced person" means any person who moves from real property, as a result of: ("l 1. The acquisition of the real property in whole or in part, by the City or by any person having an agreement with or acting on behalf of the City; or 2. The receipt of a written notice from the City to vacate the real property; or 3. 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 real property to carry out such public use; or 4. Solely for the purpose of Sections 301, 402, and 405 of these Relocation Rules and Regulations, the receipt of a written notice from the City to vacate other real property on which the person conducts a business. L. [S 212 ) Dwelling "Dwelling" means a single-family building, a single- family unit (including a nonhousekeeping unit) in a two- family or multifamily building, a unit of a condominium or cooperative housing project, a mobile home, or other resi- dential unit. (j M. [S 213J Family "Family" means two or more individuals, one of whom is the head of a household, plus all other indiv~duals regard- -. S - SEP 011977 l' less of blood or legal ties who live with and are considered a part of the family unit. Where two or more' individuals occupy the same dwelling with no identifiable head of house- hold, they shall be treated as one family for replacement housing payment purposes. N. [S 214] Mobile Home "Mobile home" means a vehicle, other than a motor vehicle, designed or used for human habitation, for carrying' persons and property on its own structure, and for being drawn by a motor vehicle. O. [S 215] Mobile Home Site "Mobile home site" means the land on which a mobile home is located and which is either owned or rented to the displaced person renting or owning the mobile home. P. [S 216] Mortgage "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchas~ price of, real property" together with the credit instruments, if any, secured thereby. ~ Q. [S 217] Nonprofit Organization "Nonprofit organization" means a corporation, partner- ship, individual or other public or private entity, engaged in a business, professional or instructional activity on a nonprofit basis, necessitating fixtures, equipment, ,stock in trade, or other tangible property for the carrying on of the business, profession or ,institutional activity on the premises. R. [S 218] Person "Person" means any individual, partnership, corporation, or association. s. [S 219] Personal Property (' "Personal proper,ty" means tangible property which is si tuated on the real property acquired by the City and which is considered personal property and is noncompensable (other than for moving expenses) under the state law of eminent domain. In the case of a tenant, "personal property" shall include 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 compen- sated in the real property acquisition. In the case of an - 6 - S F. POI 1q77 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 acquisition appraisals and the closing or settlement statement with respect to the real property acquisition; provided, that no item of property which is compensable under State and local law to the owner of real property in the real property acquisition may be treated as tangible personal property in computing actual direct losses of tangible personal property. . 1) T. [S 220] Prepaid Expenses "Prepaid expenses" means items paid in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow includ- ing, but not limited to real property taxes, insurance, home- owners' association dues, and assessment payments. u. [S 221] Purchase of a Comparable Replacement Dwelling "Purchase of a comparable replacement dwelling" (as used in Sections 408 and 418 and these Relocation Rules and Regula- tions) means: " ~ 1. The leasing of a condominium for a 99-year period or for a term which exceeds the life expectancy of ~he displaced person (as deter- mined from the most recent life tables in "Vital Statistics of the united States", as published by the Public Health Service of the United States Department of Health, Education and Welfare) as a replacement dwelling; 2. The 'acqui 5 i tion 0 f a mobile home 5 i te and/or mobile home (registered with the California Department of Motor Vehicles in the name of the displaced person) as a replacement dwelling; 3. The entering into a contract for the construc- tion of a replacement dwelling on land acquired or owned by the displaced person;. 4. The relocation (or relocation and rehabili- tation) of an existing dwelling acquired or owned by the displaced person (which may be the dwelling located on the property acquired by the. City) to a site acquired or owned by the displaced person; - 7 - SEP 011977 - 5. The acquisition and rehabilitation of a substandard dwelling as a replacement dwelling; ~ 6. The acquisition, construction, or rehabili- tation of a replacement dwelling. III. [S 300] RELOCATION ADVISORY ASSISTANCE p.. [5 301] Persons and Businesses to Whom Relocation Advisory Assistance Shall Be Provided The City shall provide relocation advisory assistance to any person or business displaced because of the acquisition of real property by the City or by any person having an agreement with or acting on behalf of the City or because of an owner 'participation agreement or an acquisition carried out by a private person for or in connection with a public use in a Pro- ject where the City is otherwise empowered to acquire the real property to carry out the public use in the Project. Such relocation advisory assistance shall also be provided to those persons who occupy property immediately adjacent to the real property acquired and who, in the determination of the City or its designee, are caused substantial economic injury by reason of such acquisition. ' ""' B. [S 302] Neighborhood Relocation Office In providing relocation advisory assistance pursuant to Section 303, the City may, but is not required to, establish a neighborhood relocation office to assist in obtaining re- placement facilities for displaced persons and businesses. c. IS 303] Relocation Advisory Assistance Relocation advisory assistance to be provided by the City shall include the following: I. Determining the need, if any, of displaced persons and businesses for relocation assistance. 2. Providing current and continuing informa- tion on the availability, prices, and rentals of comparable decent, safe, and sanitary hous- ing for displaced persons, and of comparable commercial properties and locations for dis- placed businesses. 3. Assuring, within a reasonable period of time prior to displacement (to the extent that it can be reasonably accomplished), that there ,..., - 8 -:-' SEP 011977 " ~ 4. .6. (") wil~ be av~ilable in areas not generally less des1rable 1n regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and individuals displaced, decent safe, and sanitary dwellings, equal in number to the number of, and available to, such dis- placed persons who require such dwellings and reasonably accessible to their places of employment. Assisting a dis~laced business in obtain~ ing and becoming established in a suitable replacement location. 5. Supplying information concerning federal and state housing programs, disaster loan programs, and other federal or state pro- grams offering assistance to displaced persons and businesses. Providing other advisory services to dis- placed persons and businesses in order to minimize hardships to such persons and businesses. D. [5 304] Coordination of Relocation Assistance Program 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 activi- ties and coordinating the availability of replacement housing resources in the implementation of the City's relocation assistance program. E. [S 305] Contracting For Relocation Services The City may enter into a contract with any individual, firm, associat10n, corporation, or governmental agency having an established organization for conducting relocation assis- tance programs, for the performance of providing.relocation advisory assistance required under Section 303. [S 400] Ui 401] IV. A. RELOCATION PAYMENTS TO DISPLACED PERSONS Eligibility The City shall compensate a displaced person for the expenses described in Sections 402 or 405, and in Section 406. A displaced person who lives on his business property n - 9 - SEP 011977 q-, may be eligible for both the payments described under this Section 400 and the payments to a displaced bu~i~ess provid- ed under Section 500. For the purpose of Sections 402 and 405, the term "displaced person" shall include any person who moves from real property or moves his family or personal property from real property (1) as a result of a written notice from the Agency to vacate, or (2) as a result of the receipt of a written notice from the City to vacate other real property on which the person conducts a business, or (3) as a result of the acquisition of the real property by the City or by any person having an agreement with or acting on b7half of the Agency, or (4) as a result of an owner participa- tHJn agreement or an acquisition carried out by' a private person for ~r in ~onnectio~ with a public use in a Project where the C~ty ~s otherw~se empowered to acquire the real p~operty to carry out the public use in the Project. Applica~ t10ns for benefits must be made within eighteen ~18) months from the date on which the displaced person Moves from the real property acquired, unless such time is extended by the Agency or its designee. B. [S 402] Actual Reasonable Expenses in Movinq 1. [5 403] Allowable Moving Expenses ('1 A displaced person shall be compensated for the expenses .incurred in moving himself, his family, and personal property a distance within a 50-mile radius of the City limits. Such moving expenses shall include: (a) Transportation of the displaced person, his family, and personal property from the acquired site to the replacement site, and obtaining bids or estimates for such transportation. (b) Packing and unpacking, crating and uncrat- ing of personal property, and obtaining bids or estimates therefor. (c) Storage of personal property for a period not to exceed six (6) months in the event the Agency determines that such storage is necessary in connection with relocation. (d) Insurance premiums coveriny the loss of and dilJ11age to personal property while in storage or transit. (e) Property lost, stolen, or damages in the process of moving, where insurance to (",. - 10 - SEP 011977 ~ .Jj cover such loss or damage is not avail- able; provided that sl1cch loss, theft, ,or damage is not due to t.he fault or negli- gence of the displaced person or his agents or employees. (f) Disconnection, disassembly, removal, re- connection, reinstallation, reassembly, and reestablishment of appliances and similar items of personal property not acquired as real property, and of utility services for such appliances and similar items of per- sonal property. Prior 'to payment of any expenses for removal and reinstallation of such property, the displaced person shall agree that such property is personalty and that the City is released from any pay- ment therefor. ('l In the event the displaced person accomplishes the move himself, the amount of the payment to be allowed pursuant to Section ~02, shall not exceed the estimated cost of mov- ing commercially. The estimated cost of moving commercially shall be based on the lowest reasonable bid or estimate from at least two reputable moving firms submitted by the displaced person to the City prior to the move. The estimated cost of moving commercially shall include the cost (if any) of obtain- ing such bids or estimates. The amount of the pavment authorized by Section 402 for ,actual reasonable expenses in moving shall be oain by the City in a lump ~um to the disolac~d oers~n at such ~ime as the dis- nlaced person has occupied the reolacement dwelling and after the occupancy of the reolacement dwelling and all allowable moving ex?enses have been verified to the reasonable satisfaction of the City or its designee. In order to orevent undue hardship, and on a case-by-case basis, the amount of the ?ayment author- ized by Section 402 may be paid in increnents and paid directly to the firm or firms which moved, stored, and/or insured (while in transit or storage) the disolaced person's personal 9roperty. 2. [S 404] Nonallowable Moving Expenses and Losses In no instance shall a displaced person be compensated' for the following: (a) Additional expenses incurred because of living in a new location. ('l (b) Cost of moving structures or other i~- provements in which the displaced person - 11 - ~) F POl 1977 1) ~ n (c) (d) (e) ( f) (g) c. reserved ownership, except as otherwise provided by law. Improvements to the replacement dwelling, except where required by law. Interest on loans to cover moving expenses. Personal Injury. Payment for search cost in connection with locating 'a replacement dwelling. Cost of preparing the application for moving and related expenses. [S 405] Payments in Lieu of Actual Reasonable Expenses in Moving Any displaced person who moves from a dwelling and who elects to accept payments authorized by this Section 405 in lieu of the payments authorized by Section 402, shall receive: 1. A moving expense allowance, according to a schedule to be established from time- to-time by the City or its designee based on reasonable moving cost estimates not to exceed Three Hundred Dollars ($300.00); and 2. A relocation allowance of Two Hundred Dollars ($200.00). The amount of the ?aymentauthorized by Section 405 for oavments in lieu of actual, reasonable 'expenses in moving shall be ?aid bv the City in a lum? sum to the displaced ?erson at such time as the disolacen person has occuoied the replacement dwelling and after the oCCUDanCy of the reolacement dwellinq have been verified to the reasonable satisfaction of the Agency or its designee. If two or more displaced persons are joint occupants of one dwelling unit and submit more than one claim, an eliqible claimant for a payment under this Section 405 ~hall be ?aid .only his reasonable'prorated share (as determined by the Agency) of the total payment applicable to a single tenant. The total of the payments made to all such claimants moving from ,the dwelling unit shall not exceed the total payment allowed to be made to a single tenant as provided in this Section. - 12 - (: F POl lQ77 ~ [~ 406 ) Replacement !lousing Payments D. 1. [!l 407] Reolacement Housing Payments For Disolaceo Owner-OccuDants a. [5 408] Eligibility; Method and Time For Payment In addition to the Davrnents required bv Section 402 or by Section 405, the Agency shall make a payment to a displac- ed person whose real property is improved with a dweiling actually owned and occupied by the displaced person for not less than 180 days prior to the date of initiation of nego- tiations for the acquisition of the property. For the pur- poses of this Section 408, a displaced person shall be considered to own a dwelling if he: (I) Holds fee title, life estate. a 99 year lease, or a lease with not less than 50 years to run from date of acquisition of the property by the Agency; ~ (2) Holds an interest in a cooperative housing project which includes the rights of occupancy of a dwelling unit therein; (3) Is the contract purchaser of any of the fore- going estates or interests; (4) Has a leasehold interest with an option to purchase; or (5) Owns a mobile home. The payment made pursuant to Section 409 shall be made only to a displaced person who purchases a comparable repla- cement dwelling, and who occupies it or enters into a con- tract for the construction, rehabilitation, or relocation of the replacement dwelling (provided he occupies the repla- cement dwelling when the construction, rehabilitation, or relocation is completed) within one year subsequent to the date on which he moves from the dwelling acqu.l.r:cd by the CIty , or the dilte 011 which he ,I:cccivcs from the lIgcncy finill payment of all costs of the dwelling acquired by the City (whichever is the later date). Where for reasons of hardship and beyond the control of such displaced person, ,such person is unable to occupy the replacement dwelling within the above time limit, the City or its designee may, at its discretion, extend the time. (') - 13 - SEP 0 1 1977 ~ A displaced person who is determined to be ~neUgible for a replacement housing payment pur.suant to the require- ments of this Section may be eligible for a replacement hous- ing payment under Section 414 of these Relocation Rules and Regulations. The amount of the nayment authorized hy Section 409 as a renlacement housiny pay~ent shall be ry~i~ by the Agency in a lump sum to the disoiaced person at such time as the displaced oerson has occupied the replacement dwelling and after the occu- pancy of the replacement dwelling has been verified to the rea- sonable satisfaction of the City or its designee. In order to ~revent undue har.dship and 011 a case-by-case basis, the amount of the payment authorized by Section 409 may be paid in 'incre- ments and ~aid directly into the escrow for the purchase of the reolacement dwelling, or into the escrow for the purchase of the land, or to the firm or firms which have contracted with the displaced person and are oroceeding or have proceeded under such contract to construct, rehabilitate, or relocate the replace- ment dwelling. . b. [S 409] Amount and Computation of Replacemt'!nt Housing Payment For Displaced Owner~Occupants ,.., The total replacement housing payment to be made to a displaced person shall not exceed Fifteen Thousand Dollars ($15,000.00), and shall be comprised of payments set forth below: ' (I) [5 410] Differential Payments The City, or its designee, shall determine the amount, if any, which, when added to the acquisition payment equals the re~sonable cost of a ,comparable replacement dwellin~, provided that such amount shall not exceed the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling. The ac~ual purchase price of the replacement dwelling shall be determined exclusive of interest and shall include, if appli- cable, the cost to purchase the land and to construct, rehabi- litate or relocate the replacement dwelling or the cost to purchase the replacement dwelling. If the displaced person voluntarily purchases and occupies a decent, safe, and sani- tary dwelling at a price less than the acquisition price of the acquired dwelling, no differential payment shall be made. The following methods may be used in determining the payment: ("l (a) Schedule ~lethod. The City, may base its payment on a schedule (established by the Agency) of reasonable acquisition costs for a comparable replacement dwelling based on a current market analysis sufficient to support deter- minations of the amount for the type of dwelling to be acquired; or - l4 - SEP 01 1977 . ~ ,r"l n (b) Comparative Method. The City may use a com- parative method on which to base its payment by selecting a dwelling or dwellings most re~rcsentative of the dwelling 'unit acquired, available to the displaced person, and which meets the definition of a comparable replacement dwelling. A single dwelling shall be used only when additional com- parable dwellings are not available; or (c) Alternate Method. The City, or its designee, may develop criteria, for computing the replacement housing payments w~ere neither the schedule method nor comparative method is feasible. (2) [S 411] Interest Payment The City, or its designee, shall determine the amount, if any, which will compensate the displaced owner for any increased interest cost which he is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the acquired dwelling was encumbered by a bona fide mortgage, which was a valid lien on such dwelling for not less than 180 days prior to the date of t'he ini tiation of negotiations for the acquisition of' such dwelling., The amount shall be equal to the excess in the aggregate interest and other debt service costs, including points paid by the purchaser, of that amount of the principal 'of the mortgage on the replacement dwelling which' is equal to the unpaid balance of the mortgage on the acquired dwelling over the remainder term of the mortgage on the acquired dwell- ing, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings depopits by commercial banks in the general area in which the replace- ment dwelling is located. . (3) [5 412] Incidental Expense Payment The City, or its designee shall determine the amount, if any~ necessary to reimburse a displaced person for actual reasonable expenses incurred by the displaced owner-occupant for evidence of title, recording fees, escrow fees and other closing costs incident to the purchase of the replacement dwelling normally paid by the purchaser (but not including prepaid expenses). No reimbursement shall be made for all'y fee, cost, charge, or expcnse which is determined to bc a part of the debt service or finance charge under the Federal Truth in,Lending Act. ( 4) [5 413] Displaced Persons Who Are Joint Owner-Occupants Of A Dwelling The total amount of the replacement housing payment to be made to displaced persons who were joint owner-occupants - 15 - SEP 011977 . n ~ ('I of a dwelling acqulred by the Agency shall be limited to the total amount of the payment applicable for an individual under Section 407. Such joint owner-occupants shall be oaid only their respective reasonable prorated share of the total payment applicable for an individual. 2 . [S 4l4J Replacement Housing Payments For Displaced Tenants and Others a. [S 415] Eligibility In addition to the payments required by Section 402 or by Section 405, the City shall make a payment to a displac- ed person who has actually and lawfully occupied the dwelling from which he is displaced for not less than ninety (90) days prior to the date of the initiation of negotiations by the City for acquisition of such dwelling, and who is not eligible to receive the replacement housing payment provided under Section 407. b. IS 416J Amount and Computation of Replacement Housing Payment For Displaced Tenants and others The total replacement housing payment to be made to dis- placed tenants and others shall not exceed Four Thousand Dollars ($4,000.00) for either: (1) The amount, computed in accordance with Section 417, necessary to enable the dis- placed person to lease or'rent a compar- able replacement dwelling for a period not to exceed four (4) years; or (2) The amount, computed in accordance with Section 418" necessary to enable the dis- placed person to make a down payment (including incidental expenses) on the purchase of a comparable replacement dwelling; provided, that if such amount exceeds $2,OOO.00,'the displaced' person shall equally match any such amount in excess of $2,000.00 in making the down payrnen t. In the event a displaced person who is receiving the rental assistance pay~ent set forth in Section 417 shall during that 4-year oeriod ourchase a comparable replaceMent dwelling, any unpaid oortion of the rental assistance payment shall be applied as the total amount available to such disolaced person as the purchase assistance payment computed in accordance with Section '- 16 - S E POl 1977 ',' ~ 418. If such amount shall exceed $2,000.00, the displaced person shall equally match any amount in ..>:cess of $2,000.00 in making the down payment an(l cover incident.al exoenses necessary to pur- chase the comparable reolacement dwelling. c.' [5 417] Rental Assistance Payment The total amount to be paid to a disDlaced person to lease or rent a comparable replacement dwelling over a period of time not to exceed four vears shall be computed by subtracting: (I) The product of forty-eight (48) times the base monthly rental (as such term is defined in this Section 417); from (2) The product of forty-eight (48) times either: () (a) The monthly rental actually paid by the displaced person pursuant to a lease or rental agreement entered into for ,a permanent reDia cement dwelling initially moved to from the dwelling acquired by the City; or (b) The comparable monthly rental (as ,such term is defined in Section 417) in the event the City shall determine that the replacement dwelling moved to by the displaced person is functionally and sub- stantiallv suDerior (in terms of rooms, area of living space, age, state of repairs, location, and other amenities) to the dwelling from which the displaced person was displaced. ,In the event a displaced person shall voluntarily lease or rent a replacement dwelling which is functionally and substantially inferior (in terms of number of rooms, area of living space, age, state,of repair, location, and other amenities) to the dwelling from which the displaced person was displaced, the total amount of the rental assistance payment made pursuant to this Section 417 sha 11 be the di ffnrence be tween the product 0 f 48 t i.mes the base monthly rental ~nd the product of 48 times t.he monthly rental actually paid the displaced person for a permanent replacement dwelling. n - 17 - S E POl 1977 '" For the purposes of this Section 417, the term "base monthly rental" shall refer to and ,be: 1) (I) The average monthly rental paid by the dis- placed person for the 3-month period prior to the date of the initiation of nego- tiations; or (2) The average monthly rental during such 3-month period for similar dwellings in an area not generally less desirable than that of the dwelling from which such person was displaced (hereinafter referred to as the "economic rent") in the event: (a) The average monthly rental paid by the displaced person is found by the' City or its designee to be substantlally higher or lower than the economic rent: or (bJ The displaced person was the owner of the dwelling from which he was displaced. ,.., For the purpose of this Section 417, the t~rm "comparable monthly rental" shall refer to and be the amount of rental determined by the City's designee by either of the following methods: (I) Schedule Method. In accordance with a schedule to 'be established from time-to-time by the City's designee which establishes the average monthly rentals for comparable replacement housing which are available in the private market for the various types of dwellings to be acquired; or (2) Comparative Method. On a case-by-case basis by determining the average month's rent for one or more dwellings which have been selected by the City or by the displaced persQn with the approval of the City, and which are more repJ:esentative of the acquired dwelling and meet the defini~ tion of comparable replacement housing. d. [S 418] Purchase Assistance Payment In the event the displaced person clects to purchasc instead of renting a comparable replacement dwelling, the amount to be paid to the displaced person to make a down payment and to cover incidental expenses 6n such purchase shall not exceed: ~ (I) The amount required as down payment for the purchase of a comparable replacement dwelling. This determination of the - 18 - SEP 011977 <e ~ '" n amount necessary for such down payment shall be based on thp ~mount necessary for such down payment that would be re- quired for purcha?e of the dwelling using a conventional loan; and (2) Expenses incident to the purchase of a comparable replacement dwelling as set forth in Section 412. The full amount, of a down payment under this Section 418 shall be applied to the purchase price and such incidental expenses incurred in the purchase of the replacement dwelling. In the event the displaced person elects to purchase land and to enter into a contract for the construction or relocation of the replacement dwelling as provided in this Section 418, instead of renting a comparable replacement dwelling, the amount tn be oaid to the displaced oerson shall be determined by the City -or its desiynee based'upon and not to exceed an amount which would be required as a down payment and as incidental expenses for the purchase of a comparable replacement dwelling. The purchase assistance payment shall be made only to a displaced ~erson who purchases a comparable replacement dwelling, and who occupies it or enters into a contract for the construc- non, rehabilitation, or relocation of the replacement dwellin,g (provided he occupies the replacement dwelling when the construc- tion, rehabilitation, or relocation is completed) within one year subsequent to the date on which he moves from the dwelling acquired by the City, or the date on which he received from the City final payment of all costs of the dwelling 'acquired by the City (whichever is the later date). Where for reasons of hardship and beyond the control of such displaced person, such person is unable to occupy the replacement dwelling within the above time limit, the City or its designee may, ~t its discretion, extend the time. e. [S 419] Limitations and Disbursement Of Replacement Housing Payment to Displaced Tenants and Others ( I) [~ 420] Joint Occupants The total "Illuunt of thc replacemcnt housinlJ payment to be made to displaced persons who were joint occupants of a dwell- ing acquired by the City shall be limited to the total amount Df the payment applicable for an individual under Sec- tion 414. Such joint occupants may be pai.d only their reason- able prorated share of the total payment applicable for an individuaL - 19 - S E POI 1977 . ( 2) [~ 421] Rental Replacement Housing, ':l') In the event the displaced person is not eligible for a replacement housing payment under Section 406 or if otherwise eligible but he elects to rent rather than purchase a com- parable replacement dwelling, the amount of the rental assistance payment under Section 416 and 417 shall not exceed the amount of payment for which, such displaced person would be eligible under Section 407 if he had purchased a comparable replacement dwelling. (3) [S 422] Disbursement of Rental Replacement Housing' Payments (' The amount of the payment authorized by Section 418 as a purchase assistance payment shall be paid by the City in a lump sum to the displaced person at such time as the displaced person has occupied the replacement dwelling and after the occupancy of the replacement dwelling has been verified to the reasonable ' satisfaction of the City or its designee. In order to prevent hardship and on a case-by-case basis, the amount of the purchase assistance payment may be made in increments and paid directly into the escrow for the purchase of the replacement dwelling, or into the escrow for the purchase of the land, or to the firm or firms which have contracted with the displaced oerson and are pro- ceeding or have proceeded under such contract to construct, re- habilitate, or relocate the replacement dwelling. The amount of the payment authorized by Section 417 as 'a rental assistance payment shall be made by the City to the displaced person at s~ch time as the displaced person has occupied and has made payment for the lease or rental'of the replacement dwelling and after such occupancy and payment has been verified to the rea- sonable satisfaction of the Agency or its designee. The total amount of the rental assistance payment shall be paid by the City in (i) a lump sum equal to payments such as deposits and prepaid rental after such payments have been made; and (ii) in equal monthly installments of the unpaid portion of the rental assistance payment commencing with the date that the displaced person shall have occupied and have begun paying rent and contin- uing thereafter over a period of time not to exceed four years from that date. v. [~, 500J RELOCATION PAYMENTS TO TilE DISPLACED BUSINESSES The business and 506, 505, and City shall compensate the owner of a displaced [or the expenses described in Sections 501, 505, or in Section 507. For the purpose of Sections 501, 506, the term ~displaced business. shall include any n - 20 - SEP 011977 .. ~ ("l ,.., business which is discontinued or moved from real property (I} as a result of acquisition of such real property by the Agency or by any person havin~ an agreement with or acting on behalf of the City, or (2) as a result of written notice to vacate from the City f or (3) as a result of an owner partici- pation agreement or an acquisition carried out by a private person for or in connection with a public use in a Project where the City is otherwise empowered to acquire the real property to carry out the public' use in the Project, or (4) which moves its equipment, machinery or other items of personal property from real property, as a result of the receipt of a written notice from the City to vacate other real property on which the business is conducted. Applications for benefits must be made within eighteen (18) months from the date on which the o~n~r of a displaced hu~i"D~q di~co"tinu~q thA business conducted on,or moves from the real property acquired or other real property acquired. The amount of the payments authorized bv Sections 501, 505, and 506 for moving and 'related expenses, actual direct losses of tangible Dersonal property, and actual loss of net earnings shall be paid bv the City in a lumn sum to the ovmer of the .disolaced business at such time as the owner has relocated the , displaced business to a replacement site and after the relocation to the replacement site and all allowable moving and related exoenses and actual direct losses of tangible oersonal prooerty ha ve been veri tied and aoproved bv the City or its des ignee. In ordet' to orevent .und'ue hardshin, and on a case-by-case basis, the payment authorized by Section 501 for moving expe~ses may be paid in increments and oaid directly to the firm or firms which moved, stored, and/or insured (while in transit or storage) the personal property of the diSplaced business. The amount of the payment authorized by Section 508 for pay- ments in lieu of moving and related expenses and actual direct losses of tangible personal property shall be paid by the Agency in a lump sum to the owner of the displaced 'business at such time as the owner has discontinued the displaced business or has relocated the displaced business to a replac~ment site. Such in lieu pavment shall be made only upon and after the City or its designee has verified such discontinuation or relocatio!1 and the records and statements submitted to the City, and's approved the eligibility a'nd the amount of the in lieu paymen~. A. IS 5011 Actual Reasonable Moving Expenses 1. [s 502]' Allowable Moving Expenses An owner of a displaced business shall be compensated for the expenses incurre,d in moving the personal property of the displaced business a distance within a 50-mile radius of the City limi~s. Such moving expenses shall include: (a) Transportation of the personal property of the displaced business from the ac- - 21 - S E? () 1 1977 . . quired site to the replacement site, and obtaining bids or estimates for such transportation. ~ (b) Packing and unpacking, crating 'and uncrat- in'] of such personal property; and obtain- ing bids or estimates therefor. (c) Storalje of such personal property fo'r a period not to exceed six (6) months (in the event ~le City determines that such storage is necessary in connection with relocation) . (d) Insurance premiums covering the loss and damage to such personal property while in storage or transit. (e) Property lost, stolen or damaged in the process of moving, where insurance to cover such loss or damage is not available; pro- vided that such loss, theft, or damage is not due to the fault or negligence of the displaced business or its agents or employees. ~ (f) Disconnection, disassembly, removal, reconnection, reins tallation, reassembly, and reestablishment of machinery, equip- ment, and other items of personal proper- ty and utility services for such machinery, equipment, and similar items not acquired as real property; provided that prior to payment of any expenses related thereto, the owner of the displaced business shall be required to agree in writing that such machiner~, equipment, and similar items df personal property are personalty and that the Agency is released from any obligation to make payment f6r purchase of such machinery, equipment, and similar items of property. 2. (5 503] Limitations The ilmount permitted to be paid for actual moving expenses for personAl property of a displaced business shall be limited by the followinlj' considerations: (a) In the event the owner of the displaced business accomplishes the move himself, ~ - 22 - SEP 011977 '" 1) (b) the amount of paymf'nt to be allowed pur- suant to Section 502 shall not exceed the estimated cost of moving commercially., The estimated cost of moving co~nercially shall be based on the lowest responsible bid or estimate from at least b.o reputable moving firms submitted by the owner of the displaced business to the City prior to the move. The estimated cost of moving conunercially shall include the cost (if any) of obtaining such bids or estimates. In the event an item of personal property of a displaced business is not moved but sold and promptly replaced with a compar- able item, the payments made pursuant to Sections 501 and 506 shall not exceed the replacement cost minus the proceeds re- ceived from the sale, or the estimated costs of moving, whichever i. less. (c) In the event an item of personal property of a displaced business is not moved but abandoned and promptly replaced with a comparable item, the payments made pursuant to Sections 501 and 506 shall not exceed the replacement cost minus the in-use value of the item of personal property, or the estimated cost of moving, whichever is less. () (d) (e) ,.,., In the event personal property of a dis- placed business to be moved is of low value and high bulk, and the cost of mov- ing would be disproportionate in relation to the ~a,lue, as de termined by the Agency or its designee, the payments made pursuant to Sections 501 and 506 shall n6t exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market. This limitation is specifically applicable in the case of moving of junk- yards, stockpiled sand, gravel, minerals, metals and similar items of personal property. In the event the cost of moving or relocating an outdoor advertising display or displays is determined by the City to be equal to or in excess of the in-place value of the display, - 23 - SfP 011977 '.. the City may elect to acquire such display or displays as a part of the real property. l' 3. (!i 5041 Nonallowable Moving Expenses and Losses In no instance shall an owner of a displaced business be compensated for the following: (a) Additional expenses incurred because of conducting business in a new location. (b) Cost of moving structures or other im- provements (exclusive of fixtures and equipment) in which the owner of the dis- placed business reserved ownership, ex- cept as otherwise provided by law. (c) Improvements to the replacement business site, except where required by law. (d) In teres t on loans t.o cover moving expenses. (e) Loss of good wilL (f) Loss of profits. ("t (g) Loss of trained employees. (h) Personal injury. (i) Cost of preparing the application for mov- ing and related expenses. Expenses in Searching for a Replacement Site For the Displaced Business An owner of a displaced business shall be compensated for the actual and reasonable expenses incurred in searching for a replacement site for the displaced business within a 50-mile radius of the City limits. The total amount of the payment by the City for such expenses in searching for a replacement site fo~ the displaced business shall not exceed Five Hundred Dollars ($500.00). Expenses which qualify for reimbursement pursuant to ~his Section 505 may include: B. (!i 5051 I. The actual expense of transportation, meals, and lodging away from home. 2. The expense attributable to the time spent in searching for a replacement site computed bn the hourly wage rate of the salary or earrings of the owner ,., - 24 - S E POl 1977 ~ of the displaced business or his ie- presentative or employee, but not to exceed $10.00, per hour. 3. Fees paid to a real estate broker to loc<lte a replacement site for the dis- placed business. C. [~ 506 ] Actual Direct Losses of Tangible Personal Property of the Displaced Business An owner of a displaced business shall be compensated for the actual direct loss of tangible personal property of the displaced business attributable to relocating or discontinuing the displaced business. The total amount of the payment by the City for such actual direct loss of personal property of the displaced business shall not exceed an amount equal to the reasonable 'expenses that would have been required to move such personal property within a 50-mile radius of the City limits, as determined by the City or its designee. Subject to said limitation, the actual direct loss of per- sonal property shall be computed and based on an appraisal obtained by either the City or the OHner of the displaced business (and approved by the other) of either: I. The in-use value of the personal property minus the proceeds received from the sale of such personal property (in the event the property is sold and not promptly re- placed with a comparable item of personal property): or ("l 2. The in-use value of the personal property in the event, the property cannot be sold and is abandoned and is not promptly re- placed with a comparable item of property. The cost of removal of the personal property whi'ch is sold or abandoned shall not be considered as an offsetting charge in determining the amount of the actual direct loss of such personal property. ~ In order to obtain a payment for the actual'direct loss of an item of personal property, the owner of the displaced business shall make a bona fide effort to sell the item of personal property for which the loss is claimed 'at the highest price offered after reasonable efforts have been made over a reasonable period of time to interested prospective purchasers. If the proceeds from the sale are less than the in-use value, the difference between the proceeds and the in-use value shall be the amount of actual direct loss of the item of tangible personal property. - 25 - S E? 0 1 1977 ,~ -.1' If the item of tangible personal property cannot be sold and is abandoned, the in-use value shall be the amount of actual direct loss of the item of , tangible personal property. In the event the item of tangible personal property which is sold or abandoned is promptly replaced with a comparable item, no payment for the actual direct loss of such tangible person- al property shall be made to the owner of the displaced busi- ness by the City; instead, the owner of the displac~d busi- ness shall be pald the amount specified in Section 503(b) or Section 503 (c) . No payment for the actual direct loss of items of tangible personal property of a displaced business which are of low value and high bulk shall be made to the owner of the displaced business; instead, the owner of the,displaced business shall be paid the amount speci tied in Section 50'3 (d) . ('l '" - 26 - SfP 01 1977 ~ ':n D. [S 507) Pn~ments in Lieu of Moving and Related Expenses Any owner who moves or discontinues his business and who elects to accept the payment authorized by this Section 507 in lieu of the payments authorized by Sections 501 through 506 shall receive a fixed relocation payment in an amount equal to the' "average annual net earninCJs" of 'the business. If a business has no net earnings or has suffered losses dur- ing the period used to compute the "average annual net earn- ings", it may nevertheless receive the $2,500.00 minimum pay- ment described in Section 509 provided that the Agency determines that such business is in, fact a bona fide business. I. [S 508] Eligibility To be eligible for the oavment authorized by Section 507 the owner of the displaced business shall make available to the City its state income tax recor~s, Bnd/or its financial state~ents and accountinCJ records, for such disolaced business for auclit ancl for confidential use to determine the amount of such oay~ent. ~ No oayment shall be made uncler Section 507, unless the Agency deter~ines that: (i) the business cannot be relocated without a substantial loss of existing natronage; and (ii) the displaced business is not a oart of a commercial enterr-'rise having at least one other establishr,lent not being acquired, which is engaged in the same or similar business. The determination of the loss of existing patronage shall be made by the City only after consideration of all perti- nent circumstances, including but not limited to the following factors: (a) The type of business conducted by the dis- placed business. (b) The nature of 'the clientele of the dis- placed business. (c) The relative importance of the present .llld {',:01'05cd l.oea t,iOll to th0. displaced business and the availability of a com- parable replacement dwelling for the' owner, in the event the owner lives on the displaced business premises. or moves as a result of the acquisition of his business location by 'the City. (') In connection with the relocation'of a llonprofit organiza- tion, the use of the term "patronage" shall refer to 'the per- - 27 - SEP U 11977 ., l' sons, community, or clientele served or affected by the activi- ties of the nonprofit organizations. In ~etermining whether the displaced business is a part of a 5~milar business enterprise having at least one other establishment not being acquired, the City shall consider the following factors: (a) The extent to which the same premises and equipment are shared. (b) The extent to which substantially iden- tical or intimately interrelated busi- ness functions are pursued and business and financial affairs are comingled. (c) The extent to which such entities are held 'out to the public, and to ,those customarily dealing with such entities, as one business; and (d) The extent to which the same person or closely related persons own, control or manage ,the affairs of the entities. ~ An outdoor advertising di$play shall not be entitled to the pa~ment under Section 507, but shall be limited to the payment of moving expenses under Section 501 or the cost to replace said display. 2. [S 509J Amount of Payment The payment made to an owner of a displaced business pur- suant to Section 507 shall be in an amount not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Ten Thousand Dollars ($10,000.00). VI. [S 600] MOBILE HOMES AND MOBILE HOME SITES A. is 601] Acquisition of 110bile Homes and, Mobile Home Sites The City may acquire a mobile home site and/or a mobile home. A mobile home may be acquired in the event: I. The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cOst; or 2. The mobile home is not considered to be a "decent, safe, and sanitary dwelling" as defined in Section 209 of these Relocation Rules and Regulations. (", - 28 - SEP 01 1977 ~ .. ~ In the event the acquisition of mobile home sites in a mobile home park causes the owner of the mobile home park to ,move or discontinue its business, the owners and renters of mobile homes located in unacquired mobile home sites shall be entitled to the relocation advisory assistance and relocation payments provided for in Sections 602 and 603 of these Reloca- tion Rules and Regulations. B. [s 602 J Relocation Advisory Assistance ,.., The City shall provide relocation advisory assistance to displaced persons renting or owning mobile homes acquired by the City , or by any person having an agreement with or acting on behalf of the City, or acquired as a result of an owner partici- pation agreement or by a private person for or in connection with a public use in a Project when the City is otherwise empowered to acquire the property to carry out the public use in the Project. The City shall also provide relocation advisory assistance to displaced persons renting or owning mobile home sites acquired by the City , or by any person having an agreement with or acting on behalt of the City, Dr acquired as a result of an owner participation agreement or by a private person for or in connec- tion with,a public use in a Project where the City is otherwise empowered to acquire the property to carry out the public use in the Project. Such relocation advisory assistance shall be pro- yided in the method and manner indicated in Section 300 of these Relocation Rules and Regulations, and shall include the following: I. Determining the need, if any, of such dis- placed persons for relocation assistance. 2. Providing current and continuing information on the availability, prices, and rentals pf comparable mobile homes or comparable decent, safe, and sanitary housing for displaced persons in the event the mobile home is acquired, and of comparable sites for the mobile home to be relocated to in the event the mobile home site is acquired. 3. Assuring that, within a reasonable period of time prior to displacement (to the extent that it can be reasonably accomplished), such comparable mobile homes or compara..., ble decent, safe, and sanitary housing or comparable mobile home sites are availablcin areas reasonably accessible to the displaced person's place of employment and at rents or prices within the financial means of the displaced persons. n - 29 - SEP 011977 . 4. Assisting displaced persons renting or owning mobile home sites to obtain and become established on a suitable repla- cement mobile home site. ,~ 5. Supplying information concerning federal and state programs offering assistance to displaced persons. 6. Providing other advisory assistance in order to minimize hardships to such displaced persons. ' C. [5 603] Relocation Payments " Displaced Persons from a Mobile Home Site Acquired by the Agency A displaced person from a mobile home site acquired by the City , or by any person havinq an aqreement with or actinq on behalf of the Agency, or acquired as a result of an owner participation agreement or by a private person for or in connec- tion with a public use in a Project where the Agency is otherwise empowered to acquire the mobile home site to carry out the public use in the Project, shall be eligible for the actual reasonable expenses in moving, (including the transportation and related 'expenses pertaining to the relocation of the mobile home) or the payments in lieu of actual reasonable expenses in moving, and for the replacement housing payments (relative to the purchase or rental of a replacement mobile home site) described in these Relocation Rules and Regulations. Such displaced persons shall be compensated in the manner and pursuant to the requirements provided in Sections 402 or 405, and in Section 406. 1. [5 604] 2. [S 605] Displaced Persons in Mobile Homes Acquired by the Agency A person displaced from a mobile home acquired by the Agency, or by any person having an agreement with or acting on behalf of the Agency, or acquired as a result of an owner participation agreement or by a pr.ivate person for or in connection with a public use in a Project where the City is otherwise empowered to acquire the mobile home to carry out the public use in the Project, shall be eligible for the actual reanonabl~ expenses ih moving, and for the replacement housing payment described in these Relocation Rules and Regulations. Such displaced persons shall be compensated in the manner and pursuant to the requirements pro- vided in Sections 402 or 405, and in Section 406. 3. [S 606J Computation of Replacement Housing Payment ,..., In the event that a comparable mobile home is not'avail- able, or that a comparable mobile home site cannot be located - 30 - SF P () 1 1Q77 '.oJ ~ ,...., '" . within a reasonable distance from the place of dislocation because of lack of available space in a mobile home park or subdivision or because of the rules and standards of a mobile home park or subdivision where space is available. then the replacement housing payment made pursuant to Sections 604 or 605 shall be calculated based upon the next highest type of mobile home or dwelling which is available and which is a comparable replacement dwelling; ie. a higher type mobile home or mobile home site or a conventional dwelling. D. [S 607] ~lobile Homes as Replacement Dwellings A mobile home may be considered a replacement dwelling provided: 1. The mobile home meets standards of decent" safe and sanitary housing; 2. The mobile home is placed in a fixed location: a. In a mobile home park which is licensed and operating under State law; or b. In a mobile home subdivision wherein the displaced person owns the lot on which the mobile home is placed; or c. On real pr9perty owned or leased by the displaced person in other than a mobile home park or subdivision, provided that such placement is in accordance with State and local laws or ordinances and provided such placement was made under permit from the State or local agency. VII. IS 700] REQUIREMENTS PRIOR TO DISPLACEMENT A. IS 701] Ninety-Day Notice To the greatest extent practicable, no person lawfully occupying real property shall be required to move from his dwelling (assuming a comparable dwelling will be available) or to more his business, without at least 90 days written notice from the City to vacate. After delivery of a 90- day notice to the person or business to be displaced by the City , the parties may agree in writing to a tenancy which perm~ts a shorter 'notice than 90 days to terminate such tenancy and to require such person to move. If the City permits such person or business to remain on the real property acquired by the City on a rental basis for a short term - 31- SEP 011977 .J '..' l' or for a period subject to termination by the City on a 90- day notice, or shorter notice period, the amount of rent re- quired shall not exceed the fair market value of the property to a short term occupier. B. [S 702] Availability of Comparable Replacement Dwelling No displaced person shall be required to move from his dwelling because of its acquisition by the City , unless there is a comparable replacemen't dwelling as, defined in Sec- tion 205 available to that displaced person. The requirement of this Section 702 shall be deemed to have been satisfied if the displaced person is offered and refuses (without reason- able justification) reasonable choices of specifically identi- fied comparable replacement dwellings which meet the criteria of Section 205. c. [~ 703J D~termination of Availability The determination of availability of a comparable replace- ment dwelling shall be based on a current survey and analysis of available replacement housing by the Agency, taking into account competing demands on available housing. D. [S 704] Use of Temporary Housing ~ Subject to the prior approval of the Agency or its desig- nee, a person to be displaced from a dwelling by the City , may be provided temporary housing which is not comparable re- piacement housing as defined in Section 205 in the, following circumstan.ces: I. In cases of emergency or where such person is subject to economic hardship or condi- tions hazardous to his health or safety; or 2. In extraordinary situations where the absence of such temporary move, the pro- gress of the program would be substan- tially delayed if the following conditions are satisfied: a. Such temporary housing is decent, safe, nnct sanitnry and within the financial means of such person; and b. The City or its designee has determin- ed that within 12 months of the date of the temporary move or such longer period as deemed reasonable by it, comparable replacement housing meeting the criteria specified in Secti~n 205 will be avail- able for occupancy by such displaced per- son: and (', - 32 - S E POl 1977 .~'1 I,~' ,']) c. Prior to the temporary move such person will be given a wrttten assurance that comparable replacement housing m~eting the criteria specified in section 205 will'be available at the earliest possible time but not later than the date provided under paragraph 2b. of this Section 704. The City shall continue' to furnish to all displaced persons prov~ded temporary housing under this Section 704, all relocation assistance required under Section 303. The eligibility of any displaced person for a payment under Sections 402 or 405 and under Section 406 shall not be affected by a move to temporary housing. Any displaced person provided temporary housing under this Section 704 shall be entitled to actual reasonable moving expenses into both tem- porary and permanent housing, and such person may elect to re~ ceive an alternate payment under Section 405 in lieu of actual reasonable moving expenses. VIII. [S 800] APPEALS PROCEDURES AND ADMINISTRATIVE REVIEW (", A. [S 801 ) Notification of Claimant In the event the City denies the eligibility of a per- son who has made a claim for a relocation payment ~nder these Rules and Regulations, or disapproves the full amount claimed, or refuses to consider the claim or its merits on ac~ount of an untimely filing or any other ground, the City shall by written notice inform the person of its determination, the reasons therefor, and the applicable procedures for obtaining review of the determination. B. [S 8021 Right of Review Any person aggrieved by a determination as to eligibility for, or the amount of, a payment under these Rules and Regula- tions may have his claim reviewed in accordance with the pro- cedures set forth below. Any person or class of persons may seek review of any schedule with respect to payment under these Rules and Regulations. The procedures for review are as follows: n (I) Hev iew by City Des iynee. lmy person or class of persons who has a right to seek review (as provided in this Section 802) may request in writing that the Agency's author- i zed designee, r"eview the mat te r wi th the person or persons making this request. Such designee must be someone other than the person who made the initial decision, and must have the authority to revise the initial determination of the ~laim. Any such person or class of persons, upon request to the City~ , - 33 - SEP 011977 . .. shall be afforded the opportunity to make an oral presentation and to discuss the subject claim or claims with the City's designee. The Agency's designee (other than the person making the initial decision) shall notify such'person oi persons in writing of his decision, reviewirig and considering all reason- ably available evidence. Said notification shall be made within fifteen (IS) days following the date on which the matter was reviewed with the person or persons making the request for review. ~ n (2) Review by Relocation ^p~eals Board. After review of the matter by the City' s des~gnee and receipt 0 fits decision, or in the event such person ~r class of persons has not received notification of the City's designee's de- cision within 30 days after filing the initial request for review, the person or class of persons may file a complaint in writing with the Relocation Appeals Board established by the City. The complaint must be filed within six (6) months of the date on which the 'aggrieved person or class of persons received (or should have received) notification de the City's decision. The Relocation Appeals Board will promptly hear all such complaints pursuant to rules and regulations adopted by the Relocation Appeals Board, and shall deter- 'mine if the City has complied with applicable provisions , the State Guidelines and, where applicable, Federal regulations. The Relocation Appeals Board shall, after a public hearing on the matter', transmit its findings and recommendation to the Ci ty Council, (3) Review by City Council After a' public hearing by the Relocat~on Appeals Board, and receipt of its findings and recommendations, the Agency Hembers shall conduct a hear- ing on the complaint and shall give such person or class of persons at least five (5) days written notice prior to hear- ing the matter. The final de~ermination on review by the Agency Members shall include, but is not limited to: (a) the Agency Menmer's decision on reconsideration of the claim or claims; and (b) the factual and legal basis upon which its decision is based, including any pertinent explanation or rationale. The aggrieved person or class of persons shall be notified in writing of the decision of the Agency Members within five (5) days after such decision, which decision shall be finaL ' c. [s 803J Review of Files (', Except for confidential material, and except to the ex- ten t speci fically prohibi ted by law, the City shall allow the aggrieved person or persons to inspect all files and re- cords bearing on the claim or complaint. The City may, however, impose reasonable con?itions on such right to inspect its files and records. ' - 34 - S EP 0 1 1977 ., C' :," (1J'. ''l...' D. [~804 ] Effect of Determination on Other Persons City whether review. The principles established in all determinations'by the shall be applied to all similar cases regardless of or not a person has filed a written request for E. [5 805 J Construction of These Rules and Regulations These Rules and Re~ulations shall be liberally construed so as to fulfill the statutory purpose as declared in the Relocation Assistance Law of "fair and equitable treatment" in order that displaced persons "not suffer clis,proportionate injuries as a result of programs designed for the benefit of the public as a whole". F. [5 806 j 'Right to Counsel The claimant has a right to representation by legal or other counsel at his own expense at any and all stages of the proceedings set forth in Section 802. G. [5 807] Judicial Review f:' Nothing in these Rules and Regulations shall in any way preclude or limit a claimant from seeking judicial review or receiving a fair and impartial consideration of his claim on its merits upon exhaustion of such administrative remedies as are available to him under Section 802. IX. [S 900 ] ACQUISITION PROCEDURES A. [S 901] Just Compensation Prior to the date of initiation of negotiations for the acquisition of real propertj, the City or its designee shall establish just compensation, which in no event shall be less than the City approved appraisal of the fair market value of the property. This compensation shall in- clude recording fees, transfer taxes and prepayment penalti.es on existing 1 i0nr:< and other sirni.1 i1r r:xpenscs incidental to conveylng such real property to the City. B. [S 902J Initiation of Negotiations t:' 1. [5 903] Statement to be Furnished Owner. When nego- tiations for the acquisition of real property are initiated, the owner shall be provided with a written statement concerning the proposed acquisition. This statement shall include, as a mini- mum, the following: - 35 - SEP 011977 -" 1> (') (') . a. Identification of the real property and the estate or interest therein to be ac- quired, including the buildings, struc- tures, and other improvements on the land, as well as the fixtures consider- ed to be part of the real property; and b. The amount of the estimated just compen- sation for the property to be acquired, oS determined by the acquiring agency and a statement of the basis therefor. In the case of a partial taking, damages, if any, to the remaining real property shall be separately stated. 2. [~904] Offer to Purchase. a prompt otfer to purchose the property tained in the statement. The City shall make for the amount con- c. [~ 905J Appraisal Standards For the purpose of promoting uniformity, the City or its designee shall establish for all programs under ltS juris- diction, standards for appraisals used in such programs, criteria for determining the qualifications of appraisers, and a system of review by qualified appraisers. D. [5 906J Contracts to Purchase Real Property Contracts or options to purchase real property shall not incorporate prov~sions for making payments for reloca- tion costs and related items. Appraisers shall not give consideration to or include in their appraisals any allow- ance for these benefits. In the event of a condemnation action, the estimated compensation shall be determined solely on the basiS of the appraisal value. - 36 - SEP 011977