McFarland Municipal Code Ch. 8.38 Code Enforcement Relocation Program

The purpose of this chapter is to provide owner-paid relocation payments and assistance to residential tenants who are displaced due to city code enforcement or voluntary code compliance in order to alleviate hardships associated with such relocation; to facilitate the correction of code violations; and to protect the health, safety and welfare of McFarland residents.

(Ord. No. 057-2016, 8-25-16)

A. "Building official" means the city official who is authorized and directed to administer and enforce the McFarland Building Code, as well as his or her designee.

B. "Code enforcement" or "code enforcement activities" means any activity or activities initiated by the city to determine the condition of a building and require the property owner to make necessary repairs, to vacate the building, or to take other action necessary to bring the property into compliance with applicable state or local zoning, building or housing standards, including but not limited to standards contained in the city of McFarland Municipal Code as adopted by the city and other technical codes adopted and enforced by the city for existing residential properties, including codes addressing dangerous or hazardous buildings.

C. "Declaration of substandard" means a declaration, notice, or order executed by the building official under the authority of the McFarland Municipal Code or other provision of law declaring that a property is substandard, unsafe and/or a public nuisance.

D. "Noncomplying building or unit" means a building, room or rental unit in the city which has been found or determined by an authorized enforcement official of the city to be substandard, blighted, unsafe, a public nuisance or otherwise not in conformance with applicable state or local zoning, building or housing standards.

E. "Notice to abate" means a notice or order to abate a substandard or noncomplying conditions issued by the city pursuant to its code enforcement activities.

F. "Notice to vacate" means a notice or order issued by the city or a court of competent jurisdiction to a property owner or tenant household pursuant to the city's code enforcement activities requiring that a residential building, unit or room be vacated, either immediately or at some future specified time, as a result of a determination that such building, unit or room is substandard, blighted, unsafe, a public nuisance or in noncompliance with applicable building, housing, zoning and other code standards.

G. "Property owner" or "owner" means a person, corporation, partnerships, limited liability company, or any other entity holding fee title to the subject real property. In the case of multiple ownership of the subject real property, "property owner" refers to each entity holding any portion of the fee interest in the property, and the property owner's obligations in this chapter shall be joint and several as to each property owner.

H. "Rental unit" means a dwelling space in the city containing a separate bathroom, kitchen and living area, including a single-family dwelling or unit in a multifamily dwelling which is hired, rented or leased to a household as defined by California Civil Code Section 1940. This definition applies to any dwelling space that is actually used for residential purposes whether or not the residential use is legally permitted.

I. "Room" means any subdivided portion for the interior of a residential building in the city which is used for the purpose of sleeping and is occupied by a tenant household for at least thirty consecutive days. This includes, but is not limited to, a single room occupancy (SRO) living space. This definition applies to any space that is actually used for residential purposes whether or [not] the residential use is legally permitted.

J. "Tenant household" or "tenant" means one or more persons who rent or lease a rental unit as their primary residence and who share living expenses.

(Ord. No. 057-2016, 8-25-16)

A. A tenant household shall be eligible for the relocation payments from the property owner under this chapter if the tenant household is displaced from its rental unit or room due to the city's code enforcement activities. A tenant shall be deemed to be displaced from its rental unit or room due to code enforcement activities if such tenant household either:

1. Receives a notice from the property owner requiring the tenant household to vacate or quit the rental unit or room at any time after the city has issued a notice to vacate, notice to abate life-threatening conditions, or declaration of substandard covering that unit or room; or

2. Vacates its unit or room (weather or not the property owner requires vacation) after (a) the city has issued by notice to vacate, notice to abate life-threatening conditions, or declaration of substandard covering that unit or room, and (b) the abatement period has expired without correction of the noncomplying condition.

B. Notwithstanding the above, a tenant household shall not be deemed to be displaced due to code enforcement activities in any of the following cases:

1. The property owner can demonstrate by clear and convincing evidence that the vacation of the unit or room was due to one of the following: (a) the noncomplying condition, (b) the city's or courts determination the rental unit, room, or building was a noncomplying or unit, or (c) the need to make repairs to rectify any noncomplying condition;

2. The property owner can demonstrate by clear and convincing evidence that the noncomplying condition was created by the tenant household or household's guest or invitees, and was not created by the property owner or the owners agent, or it determined that the tenant household occupied the rental unit or room for the purpose of receiving relocation benefits;

3. The property owner can demonstrate by clear and convincing evidence that the tenant household unreasonably prevented the owner or the owner's agent from undertaking maintained or repairs that would have prevented or rectified the noncomplying condition;

4. All noncomplying conditions are corrected, as determined by the city, prior to the time the tenant household has taken definitive steps to move;

5. The notice to vacate, notice to abate life-threatening conditions, or declaration of substandard is rescinded or withdrawn by the city or is overturned on appeal prior to the time the tenant household has taken definitive steps to move;

6. The property owner offers in writing to the tenant household immediately a replacement unit or room in the same building; and the following is true: (a) the replacement unit or room is at least substantially comparable in size, condition, and amenities as the former unit or room, (b) the replacement unit complies with all applicable zoning, building, and housing codes, (c) the replacement rent is no greater than the rent charged for the former unit or room, and (d) the offer was made prior to the time the tenant household had taken definitive steps to move; or

7. The tenant household is required to vacate the unit or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner, if (a) the vacation is required within six months of such an event, and (b) the property owner can demonstrate that such damages were not caused by the acts or the negligence of the property owner or by preexisting conditions in the building in violation of applicable building, housing, fire, or other health and safety codes.

(Ord. No. 057-2016, 8-25-16)

A. Whenever any notice given or other communication is required to be served, provided, given or delivered to, or filed with, any person, that notice or communication may be communicated by personal delivery, certified mail, first class mail, e-mail, or any other similar method that will provide a written record of the notice or communication.

B. Failure by the city to supply or attempt to supply any of the information or notices provided for this chapter shall not affect the validity of any code enforcement notice, order, or action, nor shall any such failure diminish any property owner's obligation to abate any noncomplying conditions or provide relocation assistance as required under this section.

(Ord. No. 057-2016, 8-25-16)

A. The owner shall be responsible for providing relocation payments directly to the tenant household required to relocate pursuant to this chapter.

B. The relocation benefits required by this article shall be paid by the owner or designated agent to the tenant within ten days after the date that the order to vacate is first mailed to the owner and posted on the premises, or at least twenty days prior to the vacation date set forth in the order to vacate, whichever occurs later.

C. The relocation payment shall be made available by the owner or designated agent to the tenant in each residential unit and shall be a sum equal to two months of the established fair market rent for the area as determined by the Department of Housing and Urban Development pursuant to Section 1437f of Title 42 of the United States Code. In addition, the relocation payment shall include an amount, as determined by the local enforcement agency, sufficient for utility service deposits. The relocation benefits shall be paid by the owner or designated agent in addition to the return, as required by law, of any security deposits held by the owner. The relocation benefits shall be payable on a per residential unit basis.

D. If there are fewer than ten days between the first posting and mailing of the order to vacate and the vacation date, the relocation benefits shall be paid by the owner or designated agent to the tenant within twenty-four hours after the notice is posted and mailed. The local enforcement agency shall attempt to provide telephonic or written notice to the owner to notify the owner that the benefits are payable immediately. Failure to provide the notice as specified in this section shall not relieve the owner of any imposed obligation.

E. If a tenant is entitled to relocation benefits, the local enforcement agency shall provide either telephonic or written notice to the tenant of his or her entitlement to the benefits. Written notice may be satisfied by posting a written notice on the premises stating that tenants may be entitled to relocation benefits.

F. If the owner or the city determines that relocation is necessary, the owner shall provide a written notice of temporary relocation to any affected tenant households thirty days in advance of the required relocation unless the city orders abatement that requires relocation in less than thirty days and, in such case, the owner shall provide a notice within ten days of the city's abatement order. Such notice shall summarize the repairs to be undertaken and the estimated duration of relocation. Nothing in this section shall relieve the owner of their obligation to serve any notice that would otherwise be required pursuant to state or local law.

G. The owner shall notify the tenant household when repairs are completed and permit the tenant household to reoccupy the residential unit or room. The tenant household shall retain all rights of tenancy that existed prior to relocation.

(Ord. No. 057-2016, 8-25-16)

A. The city may provide payment to tenant in situations where the owner fails or refuses to pay required relocation costs. In the event the city provides payment to tenant, the city may recover from the owner the amount of the payments and all costs incurred as a result of making such payments.

1. Request must be made by tenant within twenty days from refusal of owner to the city manager or designee.

2. Upon receipt of request from tenant the city shall mail a written notice to the owner of the owner's obligation to provide relocation assistance and the time the payment is required. Notice shall also specify that failure to make required payments may result in the city making such payments and recovering the cost through a lien on the owner's property.

3. If within ten days of receipt, owner continues to fail or refuse to make necessary payments, plus any administrative cost, the city may make the required relocation payment to the tenant. If owner does not pay the city within thirty days, the city may recover the costs as a lien on the owners property.

(Ord. No. 057-2016, 8-25-16)

The building official may authorize in his or her discretion the immediate payment of relocation benefits by the city in the amounts authorized by the eligible tenant if the building official or other authorized code enforcement official has determined that immediate vacation of the rental unit or room is necessary due to public health and safety concerns. The tenant must sign a request for relocation assistance to receive immediate relocation payment. The property owner shall be notified subsequently in writing of any relocation payments by the city. Such payments and other cost shall be an obligation of the property owner, and the property owner shall be required to reimburse the city for these relocation cost and shall be subject to a lien against its property for the amount paid to the tenant by the city.

(Ord. No. 057-2016, 8-25-16)

In those cases where the owner has been issued a notice and ordered by the city to repair or remedy any unsafe or hazardous living conditions or illegal use of residential rental property and where said repairs or remediation do not require relocation of tenant, thereby allowing the tenant to remain in the residence while the repairs are undertaken, it shall be unlawful for the property owner to increase the amount of rent for any structure rented for residential purposes during the time that repairs are made pursuant to the city notice and order requiring said repairs. No rent increase shall thereafter be levied until the city has issued a notice of correction verifying the fact that said repairs or remediation have been completed.

(Ord. No. 057-2016, 8-25-16)

Any violation of this chapter shall be deemed an infraction for the first offense. Any subsequent violation occurring within six months from the first offense shall be deemed a misdemeanor.

(Ord. No. 057-2016, 8-25-16)