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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
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EXHIBJt~AII
CITY OF
ARCADIA, CALIFORNIA
RELOCATION RULES AND REGULATIONS
FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
Adopted:
SEP 011977
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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 ---------------------------
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3
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SEP 0 11~77
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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 ------
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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 ------------------
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16
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SEP 011977
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[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 -------~------------
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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
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SEP 011977
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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 -------------------
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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
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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
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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;
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SEP 0119n
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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,
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S E POI 1977
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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
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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-
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SEP 011977
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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
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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;
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SEP 011977
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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. '
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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
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SEP 011977
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4.
.6.
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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
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SEP 011977
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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
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SEP 011977
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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.
(')
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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
.
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(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
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S E POl 1977
','
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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
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SEP 011977
<e
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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
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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
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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,
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SfP 011977
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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.
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S E? 0 1 1977
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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
'"
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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-
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SEP U 11977
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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.
(",
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SEP 01 1977
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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.
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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
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SF P () 1 1Q77
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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
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SEP 011977
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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
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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~ ,
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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. '
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S EP 0 1 1977
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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:
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SEP 011977
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(')
(')
.
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.
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SEP 011977