Chapter 9.52 — RELOCATION BENEFITS

The city council of the city of Whittier finds and declares that:

A.

Some rental units in Whittier are found to have severe code violations which threaten the life and safety of occupants and require the units or rooms to be vacated to allow for extensive repairs.

B.

Such code violations are often caused by deferred maintenance, may breach the landlord's implied warranty of habitability and sometimes constitute constructive eviction of the household from its residence.

C.

Tenants of substandard residential units or structures suffer financial and other hardship when required to vacate their housing because the owner fails to correct the substandard conditions.

D.

It is appropriate to require the owner to mitigate partially the tenant's hardship, since the hardship arises from the owner's failure to comply with the law and fulfill a landlord's obligations to the landlord's tenants.

E.

Financial hardship arises because the tenant generally needs a large sum of money to relocate, often including first and last month's rent, deposit, moving expenses and utility deposits for a new residence. Low-income tenants are generally unable to obtain such sums and, as a result, are at great risk of becoming homeless.

F.

The level of payments provided in this chapter are reflective of actual relocation costs likely to be incurred by displaced households.

G.

Delayed payment of relocation benefits may impose extreme hardship upon tenants who then must themselves obtain the large sums necessary to relocate. Delayed payment may also require the city to expend city general funds to provide tenants with financial assistance for relocation. Any requirement to pay relocation benefits should contain disincentives for delayed payment in the form of appropriate penalties.

(Ord. 2561 § 1(part), 1992)

For the purposes of this chapter, the following definitions apply:

A.

"Displaced." A tenant is displaced, within the meaning of this chapter, if the tenant is ordered to move out of a residential unit or structure by an order to vacate.

B.

"Order to vacate" means the first written notice sent by an authorized city official to the owner and posted on the affected property declaring that, due to failure to repair or maintain, the unit or structure shall be vacated.

C.

"Owner" means the owner of the property at the time the order to vacate is issued, as shown on the last equalized assessment roll, and any successor in interest.

D.

"Residential unit or structure" means any dwelling apartment, room or place which is the place of permanent or customary and usual abode of any person or household.

E.

"Tenant" means any resident of the affected property is a tenant as that term is used in Chapter 2 of Title 5 of Part 4 of the California Civil Code (Sections 1940, et seq.).

F.

"Vacation date" means the date by which a tenant is required to vacate a unit or structure, pursuant to an order by an authorized city official.

(Ord. 2561 § 1(part), 1992)

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 issued by an authorized city official under Chapter 8.08, or any other applicable provision, that the structure is to be vacated due to unsafe or hazardous living conditions shall be entitled to receive relocation benefits from the owner as specified in this chapter.

(Ord. 2561 § 1(part), 1992)

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 twenty 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 twenty-four hours after the order is posted or mailed. The city manager 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. 2561 § 1(part), 1992)

(Ord. No. 3112, § 2, 2-25-20)

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) twice the established monthly rental rate for a two-bedroom rental unit within the city. 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 9.52.070(A)(1—6).

(Ord. 2561 § 1(part), 1992)

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 manager 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 violations.

(Ord. 2561 § 1(part), 1992)

(Ord. No. 3112, § 2, 2-25-20)

A.

In the event the owner fails, neglects or refuses to pay a 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 manager or his/her designee determines is necessary to assist the displaced tenant to relocate, up to the amount payable by the owner under Section 9.52.050, including, without limitation, the following costs:

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

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

Insurance of the tenant's property while in transit;

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;

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;

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 manager or his/her designee for benefits no later than fifteen days after vacating the premises. The city manager 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 manager or his/her designee, to grant or not grant benefits, or as to the amount granted, may appeal the decision to the public nuisance hearing officer. A written notice of appeal containing a brief statement of the ground for appeal shall be sent to the city manager or his/her designee within ten days from the date of the manager's decision. The public nuisance hearing officer shall hold an informal hearing on the appeal within fifteen days after the notice of appeal is received by the city manager 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 city manager 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 pursuant to this section, or to impose a lien therefor, 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 manager or his/her designee within five 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 9.52.030, or on other grounds, the owner shall submit a written appeal to the public nuisance hearing officer within twenty days after mailing to him/her the itemized accounting. The public nuisance hearing officer or his/her designee, shall hold an informal hearing for the purpose of determining the amount of benefits paid which are chargeable to the owner. If the public nuisance hearing officer upholds the decision of the city manager or his/her designee a fifty percent penalty shall be added for lack of timely payment to the tenant(s) as specified in Section 9.52.040 in addition to all of the city's administrative costs. The decision of the public nuisance hearing officer 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 chapter 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. 2561 § 1(part), 1992)

(Ord. No. 3112, § 2, 2-25-20)

Notwithstanding Sections 9.52.040(B) and 9.52.070(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 fifteen days after an itemized accounting from the city is mailed as set forth in Section 9.52.070 or, if an appeal from the accounting is taken pursuant to Section 9.52.070.

(Ord. 2561 § 1 (part), 1992)

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

(Ord. 2561 § 1 (part), 1992)

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

(Ord. 2561 § 1 (part), 1992)

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. 2561 § 1 (part), 1992)

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 public nuisance hearing officer shall make periodic reports to the city manager or his/her designee on the activity and status of these accounts.

(Ord. 2561 § 1 (part), 1992)

(Ord. No. 3112, § 2, 2-25-20)

The provisions of this chapter shall not apply to property owned by the city, the Whittier Redevelopment Agency, the Whittier Authority, the county of Los Angeles, the state of California or any governmental agency.

(Ord. 2561 § 1 (part), 1992)