HomeMy WebLinkAbout10-031 CC Resolution RESOLUTION NO. 10 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING "TENANT RELOCATION
ASSISTANCE POLICIES AND PROCEDURES FOR
SUBSTANDARD HOUSING ABATEMENT UNDER THE
STATE HOUSING LAW"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
(a) The State Housing Law (Health & Safety Code Section 17910 et
seq) sets statewide standards for housing units and defines those specific conditions
that constitute substandard residential buildings. The State Housing Law provides for
specific actions that a city may take to abate substandard buildings including the
requirement that owners of substandard buildings pay certain relocation benefits to a
tenant displaced as a result of an order to vacate under the State Housing Law.
(b) The Policy adopted by this Resolution implements the requirements
and procedures of the State Housing Law providing relocation benefits to a tenant
displaced by substandard housing abatement actions under the State Housing Law.
Section 2. The City Council hereby approves that certain policy entitled:
"Tenant Relocation Assistance Policies and Procedures for Substandard Housing
Abatement Under the State Housing Law," in the form attached hereto as Exhibit A.
The City Manager is hereby delegated the authority to modify this Policy as necessary
or convenient to implement the State Housing Law and provide appropriate procedures
to implement the Policy.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27 day of April, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jo es, MMC
City Cler
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10 -31 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 27 day of April, 2010, by the
following vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Roberts, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Naggar
ABSTAIN: 0 COUNCIL MEMBERS: None
l�
Susan . Jones, MMC
City Clerk
R: /Resos 2010 /Resos 10 -31 3
CITY OF TEMECULA
TENANT RELOCATION ASSISTANCE POLICIES AND PROCEDURES FOR
SUBSTANDARD HOUSING ABATEMENT UNDER THE STATE HOUSING LAW
1. PURPOSE. The purpose of these policies and procedures ( "Policy ") is to
implement the State Housing Law's requirement that owners of substandard housing provide
relocation payments and assistance to residential tenants who are displaced due to City actions to
abate substandard housing conditions under the State Housing Law (California Health and Safety
Code Section 17975.5 et. seq. ).
2. TENANTS ELIGIBLE FOR RELOCATION BENEFITS. Any tenant who is
displaced or subject to displacement from a residential rental unit as a result of an order to vacate
or an order requiring the vacation of a residential unit by the Director of Planning and
Redevelopment as a result of a violation that is so extensive and of such a nature that the
immediate health and safety of the residents is endangered shall be entitled to receive relocation
benefits from the property owner as specified in this Policy.
3. RELOCATION BENEFITS - WHEN PAYABLE.
(a) The relocation benefits required hereunder shall be payable by the
property owner within ten days after the date the order to vacate is first mailed to the property
owner or posted on the premises, or at least twenty (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 and mailing of
the order to vacate and the vacation date, the relocation benefits shall be payable by the property
owner within twenty -four (24) hours after the notice is posted and mailed. The Director of
Planning and Redevelopment shall attempt to provide telephonic or written notice to the property
owner to notify the property owner that benefits are payable immediately. Failure to provide the
notice as specified herein shall not relieve the property owner of any obligation imposed by this
Policy.
(c) Relocation benefits may be payable immediately in cases in which the
conditions on the premises require the Director of Planning and Redevelopment to order the
premises vacated immediately. In such cases the Director of Planning and Redevelopment shall
attempt to provide telephonic or written notice to the property owner to notify the property
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 Policy.
(d) The Director of Planning and Redevelopment shall provide either
telephonic or written notice to any tenant entitled to relocation benefits under this Policy of his or
her entitlement to relocation benefits.
4. RELOCATION BENEFITS - AMOUNTS PAYABLE. The relocation benefits
shall be a sum equal to two (2) 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 or its successors section. In addition, the relocation payment
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shall include an amount, as determined by the Director of Planning and Redevelopment,
sufficient for utility service deposits. The relocation benefits shall be paid in addition to the
return, as required by law, of any deposit held by the property owner.
5. UNTIMELY PAYMENT BY OWNER.
(a) Any property owner who does not make timely payment as specified in
Paragraph 3 of this Policy shall be liable to the tenant for an amount equal to one and one -half
(1.5) times the relocation benefits payable pursuant to Paragraph 4 of this Policy.
(b) Subsection (a) of this section shall not apply when relocation benefits are
payable pursuant to Paragraph 3 subsections (b) and (c) of this Policy if the property owner
makes the payments within ten (10) days after the order to vacate is first mailed or posted, or if
the City has paid relocation benefits and the owner reimburses the City for all its expenditures
within thirty (30) days of the mailing of a bill or notice of benefits paid.
6. WHEN RELOCATION BENEFITS NOT PAYABLE.
(a) No relocation benefits shall be payable by the property owner to any
tenant household that has caused or substantially contributed to the condition giving rise to the
order to vacate as determined by the Director of Planning and Redevelopment.
(b) No relocation benefits shall be payable by the property owner if the
Director of Planning and Redevelopment determines that the unit or structure became unsafe or
hazardous as the result of a fire, flood, earthquake, or other similar event beyond the control of
the owner and the owner did not cause or contribute to the condition the rental unit or room
became unsafe or hazardous.
7. PAYMENT OF RELOCATION COSTS BY CITY.
(a) In the event the property owner fails, neglects or refuses to pay a displaced
tenant relocation benefits pursuant to this Policy, within budgetary limitations, the City may, but
is not required to, make payment of such relocation benefits as the Director of Planning and
Redevelopment determines is necessary to assist the displaced tenant household to relocate, up to
the amount payable by the owner under Paragraph 4 of this Policy, including, without limitation,
the following costs:
(b) Any displaced tenant who needs relocation benefits because a property
owner fails to pay benefits due hereunder shall apply to the Director of Planning and
Redevelopment for benefits no later than fifteen (15) days after the vacation date. The Director
of the Planning and Redevelopment shall grant benefits only if the Director of Planning and
Redevelopment determines that the tenant is eligible for benefits from the property owner and
shall take into consideration the amount needed by the tenant to secure alternative housing and
the amount of the tenant's income.
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(c) The City may recover from the property owner any amount paid to a
tenant pursuant to this Policy. The City shall also be entitled to recover from the property owner
an additional amount equal to one -half (1.5) the amount so paid, but not to exceed ten thousand
dollars ($10,000), as a penalty for failure to make timely payment to the displaced tenant and the
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 and any applicable penalties and
administrative costs may be made a personal obligation of the property owner and assessed as a
lien against the property.
(e) The City may recover relocation costs and administrative penalties and
costs in the manner set forth in Sections 8.12.120 and 8.12.130 of the Temecula Municipal Code
or as otherwise provided by law.
(f) Nothing contained in this Policy shall be construed to require the City to
pay any relocation benefits to any tenant household, or assume any obligation, requirement, or
duty of the property owner pursuant to this Policy.
(g) The damages which a displaced tenant may receive under Paragraph 5
shall be reduced by the amount of any benefits received from the City.
8. EXCEPTION TO PENALTIES AND ADMINISTRATION COSTS.
(a) If there are fewer than ten (10) 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
thirty (30) days after an itemized accounting of all benefits paid by the City to the tenant and any
penalties or costs the City is seeking to recover, is mailed to the property owner.
(b) If the property owner contends that not all of the benefits are chargeable to
the property owner because the recipients were not a displaced tenant, no benefits were payable
pursuant to this Policy, or on other grounds, the property owner shall submit a written appeal to
the City pursuant to Chapter 2.36 of the Temecula Municipal Code, however, the property owner
shall have twenty (20) days after mailing to the property owner of the itemized accounting to file
the appeal rather than the fifteen (15) days provided in Chapter 2.36 of the Temecula Municipal
Code.
(c) If the property owner fails to obtain a more favorable decision then that set
forth in the itemized accounting, the property owner shall be liable to the City for the costs of the
administrative hearing and appeal and the City may collect such costs in the manner provided for
collection of the costs of the abatement.
(d) The failure to receive the itemized accounting shall not relieve the owner
of any obligation to the City.
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9. 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.
10. ESTABLISHMENT OF RELOCATION BENEFITS ACCOUNT. The City
shall establish a relocation benefits expenditure account and provide appropriations through City
Council action. A.relocation revenue account is hereby established to account for revenue
generated by this program.
11. GENERAL.
(a) As used in this Policy, "Director of Planning and Redevelopment" shall
mean the Director of Planning and Redevelopment of the City of Temecula or any such person as
the Director of Planning and Redevelopment shall designate to carry out his or her duties and
authority as described in this Policy.
(b) The terms of this Policy shall be subject to and interpreted in accordance
with the State Housing Law and cases interpreting it. In the event of any conflict between the
State Housing Law and this Policy, the State Housing Law shall prevail.
This Policy was adopted on April 27, 2010 by Resolution No. 10 -31 of the City Council.
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