CHAPTER 15. RELOCATION ASSISTANCE

9-15.01 Definitions.

As used in this Chapter:

a. Development Project means any subdivision or other division of land, any change in the use of land, any variance, any conditional use permit, and any construction, reconstruction, demolition or alteration of any structure.

b. Displaced Person means any tenant (1) who lawfully occupies real property as a primary place of residence, (2) whose continued occupancy of the real property would be inconsistent with a proposed development project, and (3) whose tenancy is terminated by the owner, whether by the owner's termination of the lease or tenancy or the owner's refusal to renew the lease or tenancy, unless the tenancy is terminated because of a default under the lease by the tenant.

c. Low-Income Tenant means any person or family whose income does not exceed eighty percent (80%) of area median income.

d. Owner means the owner of the real property upon which a development project is proposed which would displace one or more persons. (§2, Ord. 1747, eff. 9/6/90)

9-15.02 Purpose.

The purpose of this Chapter is to mitigate the impact of development projects which displace Low-Income Tenants from their residences by requiring applicants to provide certain limited relocation assistance to such tenants. (§2, Ord. 1747, eff. 9/6/90)

9-15.03 Application.

This Chapter shall apply to any development project which will result in Displaced Persons. Notwithstanding the foregoing, this Chapter shall not apply to any condominium conversion subject to Title 10, Chapter 1, Article 7 of this Code or to any other development project which is subject to a legal requirement for the provision of relocation assistance under any provision of law other than this Chapter. (§2, Ord. 1747, eff. 9/6/90)

9-15.04 Notice.

The owner of the real property subject to the development project shall give any displaced person written notice in advance of the date such displaced person is required to vacate the real property. One hundred twenty (120) days’ advance notice shall be provided for development projects located within the boundaries of the West Downtown Specific Plan; sixty (60) days’ advance notice shall be provided elsewhere. The notice shall be delivered personally or by first class certified mail. The notice shall specify the date on which the displaced person is required to vacate the real property and shall include the income levels within which a person or family will qualify as a "low-income tenant." The notice shall also include the following statement:

The Walnut Creek Municipal Code requires property owners to provide certain assistance to low-income tenants who are forced to move because of the development of the property. You are eligible to receive this assistance if you can establish that you or your family qualify as a low-income person or family according to the definition provided by the Code. To qualify, you must write the following statement on a piece of paper and sign it: "I declare under penalty of perjury that my annual income (or that of my family if they reside with me) meets the income limit for a Low-Income Tenant established by the Walnut Creek Municipal Code." You must return this signed statement to the owner no later than two weeks following the date you received this notice.

(§2, Ord. 1747, eff. 9/6/90; §2, Ord. 2194, eff. 6/7/19)

9-15.05 Relocation Assistance.

The owner shall deliver to each displaced person who declares that he or she is a low-income tenant the following no later than sixty (60) days prior to the date such displaced person is required to vacate the real property for development projects located within the boundaries of the West Downtown Specific Plan, and thirty (30) days prior to the date such displaced person is required to vacate the real property for development projects located elsewhere:

a. A comprehensive list, including address and telephone number, of low-income rental housing units available in the Central Contra Costa County area;

b. A list of nonprofit housing service agencies or housing placement services in Contra Costa County; and

c. The sum, payable in cash, equal to four (4) times the current monthly rental of the real property being vacated for development projects located within the boundaries of the West Downtown Specific Plan, and two (2) times the current monthly rental of the real property being vacated for development projects located elsewhere; provided, that the owner is only required to make one (1) such payment for each dwelling unit on the real property. If more than one (1) person or family in a single dwelling unit files a declaration that they are a low-income tenant, the payment shall be prorated among such persons or families. (§2, Ord. 1747, eff. 9/6/90; §2, Ord. 2194, eff. 6/7/19)

9-15.06 Revocation of Permits.

Failure to comply with any provision of this Chapter shall be grounds for revocation of any permit, variance or other approval issued by the City in relation to the subject development project. The procedures established by this code for revocation of the permit, variance or other approval in question shall be followed in determining whether such revocation should occur. (§2, Ord. 1747, eff. 9/6/90)

9-15.07 Damages.

Any Displaced Person who is injured by an Owner's failure to comply with this Chapter may file a legal action in a court of competent jurisdiction to seek relief. In addition to any other relief which the court may award, if an Owner fails to pay relocation assistance as required by this Chapter, the injured Displaced Person shall be entitled to damages of triple the amount of the relocation assistance due together with court costs and reasonable attorneys' fees. (§2, Ord. 1747, eff. 9/6/90)