Hawaiian Gardens Municipal Code Ch. 16.16 Relocation Benefits

Any tenant who is displaced from any structure which is occupied as a dwelling unit, but which is illegally created, constructed or occupied for which an order is issued to be vacated due to unsafe or hazardous living conditions shall be entitled to receive relocation benefits from the property owner as specified in this chapter.

(Ord. 401 § 2, 1993)

A. The relocation benefits required hereunder shall be payable within ten days after the date the order to vacate is first mailed to the owner or posted on the premises, or at least 20 days prior to the vacation date set forth in the order to vacate, whichever occurs later.

B. If there are fewer than ten days between the first posting or mailing of the order to vacate and the vacation date, the relocation benefits shall be payable within 24 hours after the order is posted or mailed. The City Administrator or his/her designee shall attempt to provide telephonic or written notice to the owner to notify the owner that benefits are payable immediately. Failure to provide the notice as specified herein shall not relieve the owner of any obligations imposed by this chapter.

(Ord. 401 § 2, 1993)

A. The relocation benefits shall be a sum equal to the greater of the following: (1) twice the established monthly rental rate for the unit being vacated by the displaced tenant, or (2) fair market rental rate for a two-bedroom rental unit within the City. The fair market rental rate shall be determined by the Community Development Director by computing the average of three current two-bedroom rental units within a one-half mile radius of the subject site. The relocation benefits shall be paid in addition to the return, as required by law, of any deposit held by the owner plus the itemized costs as outlined in Section 16.16.050, subsections A.1. through A.6.

(Ord. 401 § 2, 1993)

A. No relocation benefits shall be payable by the owner to any tenant who caused or substantially contributed to the condition giving rise to the order to vacate as determined by the City Administrator or his/her designee.

B. No relocation benefits shall be payable by the owner if the unit or structure became unsafe or hazardous during the tenancy (and no more than six months prior to the order to vacate) as a result of earthquake, flood, fire, act of public enemy or other disaster not proximately caused by Building, Plumbing, Electrical, Mechanical or Fire Code violation.

(Ord. 401 § 2, 1993)

A. In the event the owner fails, neglects or refuses to pay displaced tenant relocation benefits due pursuant to the provisions of this chapter, the City may, within budgetary limitations, make payment of such relocation benefits as the City Administrator or his/her designee determines is necessary to assist the displaced tenant to relocate, up to the amount payable by the owner under Section 16.16.030, including, without limitation, the following costs:

1. Transportation of the tenant's personal property to the new location;

2. Packing, crating, unpacking and uncrating the tenant's personal property;

3. Insurance of the tenant's property while in transit;

4. The reasonable replacement value of property lost, stolen or damaged (not through the fault or negligence of the displaced person, his/her agent or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonably available;

5. The costs of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service;

6. Any other sums needed by the tenant to obtain substitute housing, such as deposits and prepaid rent.

B. Any displaced tenant who needs relocation benefits because an owner fails to pay benefits due hereunder shall apply to the City Administrator or his/her designee for benefits no later than 15 days after vacating the premises. The City Administrator or his/her designee, shall grant benefits only if he/she determines that the tenant is eligible for benefits from the owner and shall take into consideration the amount needed by the tenant to secure alternative housing. Any applicant aggrieved by a decision of the City Administrator or his/her designee, to grant or not grant benefits, or as to the amount granted, may appeal the decision to the City Council. A written notice of appeal containing a brief statement of the ground for appeal shall be sent to the City Administrator or his/her designee within ten days from the date of the Administrator's decision. The City Council shall hold an informal hearing on the appeal within 15 days after the notice of appeal is received by the City Administrator or his/her designee, and shall issue written findings within five days after the hearing. Such findings shall be the final decision.

C. The City may recover from the owner any amount paid by the City to a tenant pursuant to this section. The City shall also be entitled to recover from the owner an additional amount equal to one-half the amount so paid as a penalty for failure to make timely payment to the displaced tenant and City's actual costs (including direct and indirect costs) of administering the provision of benefits to the displaced tenant.

D. Any amounts paid by the City including, but not limited to, penalties and administrative costs may, after final confirmation by the City Administrator or his/her designee or the City Council, constitute a special assessment against the property to which it relates, and, after the recording of the order of confirmation in the official records of the County Recorder's office as thus made and confirmed, it shall constitute a lien on the property in the amount of the assessment.

E. Prior to instituting any action to collect from the owner relocation benefits paid to this section, or to impose a lien therefore, the City shall send to the owner by first class mail, postage prepaid, at the owner's address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the City to the owner's tenants. The invoice shall notify the owner that an informal meeting to present any evidence or argument challenging the invoiced amount or liability for any amount shall be available if such written request is received by the City Administrator or his/her designee within ten calendar days of the notice. The request shall be in writing, shall be signed by the owner, and shall set forth the facts and reasons upon which the contention is based. If after this informal meeting the owner maintains that not all of the benefits are chargeable to the owner, because the recipients were not displaced tenants, no benefits were payable pursuant to Section 16.16.010, or on other grounds, the owner shall submit a written appeal to the City Clerk within 20 days after mailing to him/her the itemized accounting. The City Clerk or his/her designee, within 30 days of receipt of the appeal, shall set a hearing date before the City Council for the purpose of determining the amount of benefits paid which are chargeable to the owner. If the City Council upholds the decision of the City Administrator or his/her designee, a 50 percent penalty shall be added for lack of timely payment to the tenant(s) as specified in Section 16.16.020 in addition to all of the City's administrative costs. The decision of the City Council shall be final. Failure to receive the itemized accounting shall not relieve the owner of any obligation to the City.

F. Nothing contained in this article shall require the City to pay any relocation benefits to any tenant.

G. Any damages which a displaced tenant may receive under the provisions of this chapter shall be reduced by the amount of any benefits received from the City.

(Ord. 401 § 2, 1993)

Notwithstanding Sections 16.16.020(B) and 16.16.050(C), if there are fewer than ten days between the first posting or mailing of the order to vacate and the vacation date, and if the City advances relocation benefits to any tenants, no penalty shall be payable by the owner if reimbursement is made to the City within 15 days after an itemized accounting from the City is mailed as set forth in Section 16.16.050 or if an appeal from the accounting is taken pursuant to Section 16.16.050.

(Ord. 401 § 2, 1993)

The remedies hereunder are cumulative and in addition to any other remedies available under law.

(Ord. 401 § 2, 1993)

In any action brought by a tenant or the City to recover benefits payable hereunder, the court shall also award reasonable attorney fees.

(Ord. 401 § 2, 1993)

Any order to vacate issued to an owner or tenant shall be accompanied by a summary of the provisions of this chapter. Failure to provide a summary shall not relieve any person of the obligations imposed by this chapter.

(Ord. 401 § 2, 1993)

The City shall establish a relocation benefits expenditure account and provide appropriations through City Council action. A relocation revenue account will be established to account for revenue generated by this program. The Finance Director shall make periodic reports to the City Administrator or his/her designee on the activity and status of these accounts.

(Ord. 401 § 2, 1993)