Chapter 8.05
TENANT RELOCATION ASSISTANCE
Sections:
8.05.030 Relocation benefits payable to displaced tenants by owner.
8.05.040 Relocation benefits—When payable.
8.05.050 Relocation benefits—Amount payable.
8.05.060 Damages for untimely payment.
8.05.070 When relocation benefits not payable.
8.05.080 Payment of relocation costs by city.
8.05.090 Recovery of relocation costs by city—Notice, hearing, appeal.
8.05.120 Establishment of relocation benefits account.
8.05.010 Findings.
The city council finds and determines that:
A. Some rental units in San Pablo 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 repair.
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 tenant 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, deposits, 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 is 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.
H. This chapter is adopted pursuant to Article 31, Chapter 6.1 of the California Health and Safety Code, commencing at Section 50651. (Ord. 04-011 § 1 (part), 2004)
8.05.020 Definitions.
For the purpose of this chapter, the following definitions apply:
“Displaced” means 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.
“Order to vacate” means the first 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.
“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. “Owner” includes a designated agent of the owner including but not limited to a property manager.
“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. Residential unit or structure shall include mobile homes located in mobile home parks, provided that the city has assumed enforcement authority over such parks from the State Department of Housing and Community Development.
“Tenant” means any resident of the affected property who is a tenant as that term is used in Chapter 2 of Title 5 of Part 4 of the California Civil Code (Section 1940, et seq.)
“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. 04-011 § 1 (part), 2004)
8.05.030 Relocation benefits payable to displaced tenants by owner.
A. Any tenant who is displaced from any unit or structure which is leased, rented or occupied for habitable dwelling purposes as a result of an order issued by an authorized city official under this chapter, 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.
B. Any order by the building official or designee that requires a tenant’s displacement shall be accompanied by a summary of the provisions of Chapter 6.1 of Article 3 of the California Health and Safety Code. Failure to provide such summary shall not relieve any person of the obligations imposed by this chapter. (Ord. 04-011 § 1 (part), 2004)
8.05.040 Relocation benefits—When payable.
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 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.
B. 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 payable within twenty-four hours after the notice is posted or mailed. The building official or designee shall attempt to provide telephonic or written notice to the owner that benefits are payable immediately. Failure to provide such notice shall not relieve the owner of any obligations imposed by this chapter.
C. Relocation benefits shall be payable immediately in cases in which the conditions on the premises require the building official or designee to order the premises vacated immediately. In such cases the building official shall attempt to provide telephonic or written notice to the owner to notify the owner that benefits are payable immediately. Failure to provide such notice shall not relieve the owner of any obligations imposed by this chapter.
D. If a tenant is entitled to relocation benefits, the building official or designee 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 notice on the premises stating that tenants may be entitled to relocation benefits. (Ord. 04-011 § 1 (part), 2004)
8.05.050 Relocation benefits—Amount payable.
The relocation benefits shall be a sum equal to two months of the established fair market rate for the area as determined by the Department of Housing and Urban Development. The relocation benefits shall be paid in addition to the return, as required by law, of any deposit held by the owner, and shall also include an amount sufficient to pay for utility service deposits, at the discretion of the building official or designee. Relocation benefits shall be paid on a per residential unit basis. (Ord. 04-011 § 1 (part), 2004)
8.05.060 Damages for untimely payment.
A. Any owner who does not make timely payment as specified in Section 8.05.040 of this chapter shall be liable to the tenant for an amount equal to one and one-half times the relocation benefits payable pursuant to Section 8.05.050 of this chapter.
B. Subsection A of this section shall not apply when relocation benefits are payable fewer than ten days after the date the order to vacate is first mailed and posted, if the owner makes the payments within ten days after it is first mailed and posted. (Ord. 04-011 § 1 (part), 2004)
8.05.070 When relocation benefits not payable.
A. No relocation benefits shall be payable by the owner to any tenant if such tenant or his or her guest or invitee has caused or substantially contributed to the condition giving rise to the order to vacate, as determined by the building official or designee.
B. No relocation benefits shall be payable by the owner if the building official or designee determines that 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 the public enemy or other disaster not proximately caused by building, plumbing, electrical, mechanical or fire code violations. (Ord. 04-011 § 1 (part), 2004)
8.05.080 Payment of relocation costs by city.
A. In the event the owner fails, neglects or refuses to pay a displaced tenant relocation benefits as required by this chapter, the city may, within budgetary limitations, make payment of such relocation benefits as the building official or designee determines is necessary to assist the displaced tenant to relocate, up to the amount payable by the owner under Section 8.05.050 of this chapter. The building official shall have sole discretion to determine the amount, type and duration of the relocation benefits. The building official’s decision is final. Notwithstanding the finality of the building official’s decision, any displaced tenant or his or her representative who has been denied relocation benefits shall be entitled to meet with the city manager or designee to present facts demonstrating that temporary relocation benefits should be paid. There is no right to appeal the city manager’s decision.
B. The city may recover from the owner any amount paid to a tenant pursuant to this chapter. This city shall also be entitled to recover from the owner an additional amount, not to exceed ten thousand dollars, equal to one-half the amount so paid as a penalty for failure to make timely payment to the displaced tenant. The city shall also be entitled to recover from owner its actual costs (including direct and indirect costs) of administering the provision of benefits to the displaced tenant.
C. Any amount paid by the city and any applicable penalties and administrative costs shall be a personal obligation of the owner and shall be placed as a lien against the property and recorded with the county recorder.
D. Nothing contained in this chapter shall require the city to pay any relocation benefits to any tenant, or to assume any obligation, requirement, or duty of the owner pursuant to this chapter.
E. The damages which a displaced tenant may receive under Section 8.05.060 of this chapter shall be reduced by the amount of any benefits received from the city. (Ord. 04-011 § 1 (part), 2004)
8.05.090 Recovery of relocation costs by city—Notice, hearing, appeal.
A. Prior to instituting any action to collect relocation payments from the owner or to impose a lien therefore, where the city has advanced relocation payments to displaced tenants when the owner or designated agent fails to do so, the building official or designee 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, and any penalties or costs the city is seeking to recover.
B. If the owner contends that not all of the benefits are chargeable to the owner because the recipients were not displaced tenants, or on other grounds, the owner shall submit a written appeal within twenty days after receipt of the itemized accounting. The building official, or his or her designee, shall hold an administrative hearing for the purpose of determining the amount of benefits and any penalties or costs.
C. The building official’s decision may be appealed to the city manager within the timelines and in the manner set forth in Section 8.02.120 of this code. The city manager may appoint a hearing officer in his or her discretion. The city manager’s or hearing officer’s decision shall be final and conclusive, and shall be served in the manner set forth in Section 8.02.070(C) of this code. The owner shall pay the charge that was the subject of the appeal within thirty days after an adverse decision is mailed to the owner. The decision shall be subject to Section 1094.5 of the Code of Civil Procedure.
D. If the owner fails to obtain a more favorable decision than that set forth in the itemized accounting, the owner or designated agent shall be liable to the city for the costs of the administrative hearing and appeal, not to exceed five thousand dollars. The failure to receive the itemized accounting shall not relieve the owner of any obligation to the city.
E. Notwithstanding Sections 8.05.040(B) and 8.05.080(B) of this chapter, if there are fewer than ten days between the first posting and mailing of the order to vacate and the vacation date, and if the city advances relocation benefits to any tenant, no penalty shall be payable by the owner if reimbursement is made to the city within thirty days after an itemized accounting from the city is mailed as set forth in this section. (Ord. 04-011 § 1 (part), 2004)
8.05.100 Remedies cumulative.
The remedies hereunder are cumulative and in addition to any other remedies available under law. (Ord. 04-011 § 1 (part), 2004)
8.05.110 Attorney fees.
In any action brought by a tenant or the city to recover benefits payable hereunder, the court shall also award reasonable attorney fees to the prevailing party whether or not the matter proceeds to judgment. (Ord. 04-011 § 1 (part), 2004)
8.05.120 Establishment of relocation benefits account.
The city may 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 the program. The building official shall make periodic reports to the city council on the activity and status of these accounts. (Ord. 04-011 § 1 (part), 2004)