M-8/6/1974
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RESOLUTION NO. 323 (R.A,S.)
RESOLUTION OF THE REDEVELOP~ENT AGENCY OF THE
CITY OF SANTA MONICA ADOPTING RELOCATION ~ULE~
AND REGULATIONS FOR IMPLEMENTATION OF THE
CALIFORNIA RELOCATIO~ ASSISTANCE LAW
WHEREAS, the California Relocation Assistance Law (Governnent
Code, Section 7260 et seq.) requires a uniform pol ICY for the fair
and e~ultable treatment of persons displaced by programs of public
entities; and
WHEREAS, Section 7267 8 of the California Government Code
requires all agencies to adopt rules and regulations to implement
payments and to administer relocatIon assistance pursuant to the
Cal ifornla Relocation ASSistance Law;
NOW, THEREFO~E, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY:
1. The Relocation Rules and Regulations for implemen-
tation of the California Assistance Law attached
hereto as Exhibit "A" are hereby adopted:
2. Any procedure not expressly set forth in said Rules
and Regulations, but dee~ed necessary and convenient
to carry out any of the purposes of the Cal ifornia
Relocation Assistance Law or the purposes of the
State Relocation GUfdellnes of the Com~iSSlon of
Housing and Community Development adopted October l7,
1973, or the purposes of these Rules and Regulations
is hereby authorized.
ADOPTED AND APPROVED THIS 6TH
DAY OF AUGUST
, 1974.
/
~)d./
v.:=~O rl ~
Clo Hoover
Chairman
,.-/.
I hereby certify that the foregoing resolution was duly acopted
by the Redevelopment Agency of the City of Santa Monica, California,
at a special meeting thereof heldon the 6th .dayof August
1974, by the following roll call vote;
AYES:
NOES:
ABSENT;
MEMBERS: Hoover, Lawson, McCloskey, Swink, van den Steenhoven
MEMBERS: None
MEMBERS: Judson
c-~?4'f"rM~~'
SJGr~ ry
i
Approved as to legal form and adequacy. 1.
~ ~~~ 4lf06
~ ~ugen~~~acobs
Gene raVounse I
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SANTA MONICA REDEVELOPMENT AGENCY
SANTA MONICA, CALIFORNIA
.
RELOCATION RULES AND REGULATIONS
FOR I~WLE~ffiNTATION OF THE
CALIFORNIA RELOCATION ASSISTANCE LAW
.
Adopted: A ugus t 6, 1974
~
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EX HI BIT IIA II
,~
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I.
A.
B.
C.
II. [~200]
A.
B.
C.
D.
E.
F.
G.
H.
J.
N.
e
[~ 100]
e
TABLE OF CONTENTS
GENERAL -----------------------------
[~ 101]
[5 102]
[5 103]
Purpose ------------------------
Authorlty ----------------------
Extent of Relocatlon Payments --
DEFINITIONS -------------------------
[~ 201]
[5 202]
[5 203]
[~ 204]
[5 205]
[5 206]
[5 207]
[5 208]
I.
[5 209]
[5 210]
[~ 211]
[~ 212]
[~ 213]
[~ 214]
[5 215]
[~ 216]
K.
L.
H.
O.
P.
AcqUlsltlon --------------------
Average Annual Net Earnlngs ----
BUSLness -----------------------
Comparable Replacement
Dwelllng -----------------------
Condomlnlurn --------------------
conventional Loan --------------
Date of Inltlatlon of
Negotiatlons -------------------
Decent, Safe, and Sanltary
Dwelling -----------------------
Dlsplaced BUSlness -------------
Displaced Person ---------------
Dwelllng -----------------------
Farnlly -------------------------
Incidental Expenses ------------
Moblle Home --------------------
Mortgage -----------------------
Movlng Expenses ----------------
PAGE
1
1
1
1
2
2
2
2
3
3
4
4
4
4
4
5
5
5
5
5
6
..
, '
.
Q.
u.
v.
w.
e
R.
[5 217]
[~ 218]
[5 219]
[5 220]
[~ 221]
[~ 222]
[5 223]
S.
T.
III. [5 300]
.
IV.
~
A.
B.
c.
D.
E.
A.
B.
c.
[~ 301]
[~ 302]
[~ 303]
[5 304]
[5 305J
[5 400]
e
PAGE
Nonproflt Organizatlon ------------ 7
Owner ----------------------------- 7
Person ---------------------------- 7
Personal Property ----------------- 7
Prepaid Expenses ------------------ 8
Public Use ------------------------ 8
Purchases (Re Replacement
Houslng) -------------------------- 8
RELOCATION ADVISORY ASSISTANCE --------- 9
Persons and Businesses to Whom
Re1ocatlon AdvlSOry Ass~stance
Shall be Provlded ----------------- 9
Nelghborhood Relocation Qfflce
9
Relocation Advisory Asslstance
9
coordination of Relocatlon
Asslstance Program ---------------- 10
.,
Contractlng For Relocatlon
Servlces -------------------------- 10
RELOCATION PAY~lliNTS TO DISPLACED
PERSONS -------------------------------- 11
[5 401]
1.
2.
[5 405]
[~ 406]
Actual Reasonable Expenses In
Moving ---------------------------- 11
[~ 403]
[5 404]
Allowable Moving Expenses ---- 11
Nonallowable Moving Expenses
and Losses ------------------- 12
Payments ln Lleu of Actual
Reasonable Expenses in Moving ----- 13
Replacement Houslng Payments ------ 13
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PAGE
1.
[~ 407]
Replacement Hous1ng Pay-
ments For Displaced Owner-
Occupants -------------------- 13
a.
[~ 408]
[~ 409]
E11g1bl11ty ------------- 13
.
b.
Amount and Computat1on
of Replacement Housing
Payment For D1splaced
Owner-Occupants --------- 14
(1)
[~ 410]
D1fferent1a1
Payments ----------- 14
(2)
( 3)
[~ 411]
[~ 412]
Interest Payment --- 15
Incidental Expense
Payment ------------ 15
c.
[~ 413]
Dlsp1aced Persons Who
Are Joint Owner-Occupants
of a Dwe111ng ----------- 16
2.
[~ 414]
Replacement Houslng Payments
For D1splaced Tenants and
Others ----------------------- 16
a. [5 415) El1g1b111ty ------------- 16
b. [~ 416] Amount and Computatlon of
. Replacement Hous1ng Pay-
ment For D1splaced
Tenan ts and Others ------- 16
c. [~ 417] Ren tal Assistance
Payment ----------------- 17
d. [~ 418] Purchase ASS1stance
Payment ----------------- 18
e. (S 419] Llm1tat1ons and D1sburse-
ment of Replacement
Houslng Payment to Dis-
placed Tenan ts and
Others ------------------ 18
( 1)
[~ 420]
J01nt Occupants ---- 18
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VI.
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[~ 500]
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PAGE
(2)
[~ 421]
Rental Replacement
Housing ------------- 18
(3)
[~ 422J
Dlsbursement of
Rental Replacement
Hous~ng Payments
19
RELOCATION PAYMENTS TO THE DISPLACED
BUSINESSES ------------------------------ 20
A. l~ 501] Actual Reasonable Moving Expenses -- 20
1. [5 502] Allowable Moving Expenses ----- 20
2. (5 5031 Ll.ml.tatlons ------------------- 21
3. [~ 504] Nonallm.,rable Movl.ng Expenses
and Losses -------------------- 22
B.
[~ 505]
C.
[~ 506]
D.
[~ 507]
1.
2.
[~ 600]
A.
IS 601]
[~ 602]
B.
c.
[~ 603]
D.
[~ 604 J
[~ 605]
E.
Expenses in Searching for a
Replacement Sl.te For the Displaced
Businesses ------------------------- 23
Actual Dlrect Losses of Tangible
Personal Property of the D1S-
placed Busl.ness -------------------- 23
Payments 1n L1eu of Movl.ng and
Related Expenses ------------------- 25
[5 508]
[5 509]
Eligibility ------------------- 25
Amount of Payment ------------- 26
MOBILE HO!~S ---------------------------- 27
Purchase of Mobile Homes ----------- 27
Part~al Acquisl.tion of Moblle
Home Park -------------------------- 27
Mobl1e Homes as Replacement
Dwell~ng --------------------------- 27
Computatl.on on Next Hlghest Type --- 28
Relocat~on Ell.gLbl.ll.ty and
Payments --------------------------- 28
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VIr. [ 5 700]
VIII.
IX.
A.
B.
c.
D.
A.
B.
C.
D.
E.
F.
G.
A.
B.
C.
D.
[~ 701J
IS 702]
[~ 703]
[~ 704]
(s 800]
[5 801]
[~ 802]
[~ 803]
[5 804]
[~ B05]
[5 806]
[S 807]
Ui 900]
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PAGE
REQUIREMENTS PRIOR TO DISPLACE}ffiNT ----- 29
Nlnety-Day Notice ----------------- 29
Avallabllity of Comparable
Replacement Dwelllng -------------- 29
Determlnatlon of Avallability ----- 29
Use of Temporary Houslng ---------- 29
APPEALS PROCEDURES AND ADMINISTRATIVE
REVIEW --------------------------------- 31
Notlflcatlon of Clalmant ---------- 31
Rlght of Review ------------------- 31
Revlew of FlIes ------------------- 32
Effect of Determinatlon on
other Persons --------------------- 32
Constructlon of These Rules
and Regulatlons ------------------- 32
Rlght to Counsel ------------------ 33
Judiclal ReVlew ------------------- 33
ACQUISITION PROCEDURES ----------------- 34
[5 901]
I~ 902]
[5 903]
[5 904]
Just Compensation ----------------- 34
Inltlation of Negotlatlons -------- 34
Appralsal Standards --------------- 34
Contracts to Purchase Real
Property -------------------------- 35
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RELOCATION RULES AND REGULATIONS
I.
[~ 100]
[~ 101]
Purpose
GENERAL
A.
The purpose of these Relocation Rules and Regulat~ons
1S to 1mplement the Cal1forn1a Relocat1on Ass1stance Law
(Government Code, Sectlon 7260 et seq.) and the Gu~delines
adopted and promulgated by the Cal~fornia Department of
Hous~ng and Commun1.ty Development (the "Guldellnes"), and
to lnsure that relocat1.on payments and assistance provided
by the Santa !1on1ca Redevelopment Agency (the "Agency") ""111
be adm1.nistered ln a fair, reasonable, and unlforrn manner
and w1ll be made as promptly as posslble to persons and bUS1-
nesses d1splaced as a result of the acgulsitlon of real pro-
perty 1n a Redevelopment ProJect (the "ProJect").
B.
[~ 102]
Author1.ty
These Relocatlon Rules and Regulations have been adopted
by resolut~on of the Agency pursuant to Sectlon 7267.8(a) of
the Callfornla Government Code, and are conslstent wlth the
Callfornla Relocatlon Asslstance Law and the Gu~delines.
C.
[~ 103]
Extent of Relocation Payment~
The Agency may, also, make any other relocat1.on aSS1S-
tance payment, or may make any relocatlon assistance payment
ln an amount Wh1Ch exceeds the maX1.mum amount for such pay-
Plenl..: authorlzed by these Rules and Regulatlons, l.f the rnak1.ng
of such payment, or the payment l.n such amount, lS requlred
under Federal law to secure Federal funds.
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II.
[5 200]
DEFINITIONS
A.
[~ 201]
AcqU1s1t1on
"Acqu1s1t1on" means the acqu1s1tlon of real property
by the Agency by purchase or by the use of em1nent domain.
B.
[S 202]
Average. .An!l.ua~~~~~ Earn,1[l9s
"Average annual net earn1ngs" means the net earnlngs
of the bus1ness or farm operat1on before Federal, State, and
local Lncome tax, durlng the two taxable years 1mmed1ately
precedLng d1splacement (or lf the buslness or farm was not
operated that long, SUCi1 other per10d as may be approved by
the Agency or lts deslgnee), and includes salar1es, wages or
other compensat1on pald by the buslness or farn operatlon to
the owner, hlS spouse or h1S dependents. If the Agency or
hlS deslgnee determines that such two year period 15 not
equltable for establ1shLng earnings, the perlod used for
determln1ng average net earnlngs shall be a substitute per10d
determlned by the Agency. In the case of a corporate owner,
earnings shall lnclude any compensatlon pald to the spouse or
dependents of the owner of a ma]Or1ty 1nterest in the corpora-
tlon. For the purpose of determinlng maJority ownership,
stock held by a husband, hlS wlfe and thelr dependent Chll-
dren shall be treated as one unlt.
c.
[~ 203]
Busl.ness
"Buslnesstl means any la...rful activity, except a farm
operation, conducted prlmarily:
1.
For the purchase, sale, lease, and rental
of personal and real property, and for
the manufacture, proceSS1ng, or mar~etlng
of products, commodlties or any other per-
sonal property;
2. For the sale of serVlces to the publ1C;
3. By a nonprofl.t organ1zat1on;
4. Solely for the purposes of Sectlon 501 of
these Relocat1on Rules and Regulatlons,
for asslstl.ng In the purchase, sale, re-
sale, manufacture, processing or marketlng
of products, commoditles, personal property,
or serVlces by the erection and malntenance
of an outdoor advertls1ng d1splay regardless
of whether the dLsplay is located on the
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premises on wh~ch any of the above act~vlties
were conducted.
D.
[~ 204]
S:?mparable Replacement DWelll?~
ItComparable replacement dwell1nglt means a dwelllng WhlCh
1S:
1.
Decent, safe, and sanltary, and adequate ln
size to accOffiITodate the dlsplaced person
and his familYi
.
2. Functlonally equivalent and substantlally
the same as the acquired dwelllng wlth
respect to number of rooms, area of livlng
space, but not excludlng newly constructed
houslng i
3. In an area not subJected to unreasonable
adverse envlronmental condltlons from elther
natural or man-made sources;
4. In an area not generally less deslrable trian
the area ln WhlCh the acqulred dwelling was
located In regard to (1) nelghborhood condl-
tlons, lncludlng but not llmited to munlcipal
serVlces and other envlronmental factors, (2)
publlC utllltles and, (3) publlC and commer-
cial faCllltiesi
5. Reasonably accessible to the dlsplaced per-
son's present or potential place of employment;
6.
Avallable on the prlvate market to the dlsplac-
ed person;
.
7.
Open to all persons regardless of race, color,
rellglon, sex, or place of natlonal orlgln,
conslstent wlth the requlrements of the C1V1I
Rlghts Act of 1964 and Tltle VIII of the CiVll
Rlghts Act of 1968;
8. Withln the flnanclal means of the dlsplaced
person.
E.
[5 205]
CondOffilnllln
"Condonlmlum" means a comblnation of co-ownershlP and
ownership In severalty. It is an arrangement under which
persons In a houslng developnent hold full title to a one-
farnlly dwell~ng unit, lncluding an und~vlded lnterest In
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common areas and facilltles, and such restricted common
areas and faclllties as may be deslgnated.
F.
[~ 206J
Convent2onal Loan
.
lIConventlonal Loan" means a mortgage commonly glven by
banks and savlngs and loan assoclations to secure advances
on, or the unpaid purchase price of real property, payment
of wh~ch is not ~nsured by any agency of the State or Federal
governments.
G.
[~ 207]
Date of Inltiation of Negotlatlons
"Date of Initiat1.on of Negotl.atl.ons" means the day on
WhlCh the Agency makes the flrst personal contact wlth the
property owner or hlS representative and furnlshes hlm wlth
a wrltten offer to purchase the real property.
H.
[~ 208]
Decent, Safe, and Sanltar}' Dwelllng
"Decent, safe, and sanltary dwelling" means a dwelllng
WhlCh 1S In conformance with the Clty Houslng Codes and the
occupancy standards which conform with that Code, and WhlCh
otherwlse meet the standards established In the Guidellnes.
I.
[~ 209]
~lsFlaced Buslness
"Displaced buslnessn means any bUSlness which 1S dlscon-
tinued or moves from real property, or WhlCh moves 1ts equip-
ment, machlnery, or other ltems of personal property from
real property, as a result of:
1.
The acqu1sit1on of the real property, 1n
whole or ~n part, by the Agency; or
.
2.
The rece1pt of a written notlce from the
Agency to vacate the real property; or
3. The receipt of a wrltten notice from the
Agency to vacate other real property on
WhlCh the bUSlness is conducted, solely
for the purpose of Sections 301, SOl, 505,
and 506 of these Relocatlon Rules and
Regulatlons.
J.
[5 210]
DlsFlac~_d_ Person
"Dlsplaced person" means any person who moves from real
property, as a result of:
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1. The acqulsltlon of the real property In
whole or In part, by the Agency; or
2. The recelpt of a wrltten notlce from the
Agency to vacate the real property; or
3.
The recelpt of a T,v'rltten notlce from the
Agency to vacate other real property on
WhlCh the person conducts a buslness,
solely for the purpose of Sectlons 301,
402, and 405 of these Relocation Rules
and Regu1atlons.
.
K.
[~ 211J
Thvelling
IIDwelllngll means a single-famlly buildlng, a slngle-
famlly unlt (lncludlng a nonhousekeeplng unlt) In a two-
fanily or multifamily bUlldlng, a unlt of a condominium or
cooperatlve houslng proJect, a moblle home, or other reSl-
dentlal unlt.
L.
[~ 212]
Famlly
nFamllyn means two or Plore lndlvlduals, one of whom lS
the head of a household, plus all other lndlvlduals regard-
less of blood or legal tles who Ilve wlth and are consldered
a part of the family unlt. Where two or nore indlvlduals
occupy the same dwelllng wlth no ldentlflable head of house-
hold, they shall be treated as one ramlly for replacement
housing payment purposes.
N.
[~ 213]
InCldental Expenses
.
nlnCldental Expenses" means reasonable expenses lncurred
for eVldence of tltle, recordlng, fees, and other closing
costs on the purchase of a replacement dwelling.
N.
[~ 214]
Hoblle Home
nHoblle homen means a veulcle, other than a motor vehlcle,
designed or used for human habltatlon, for carrYlng persons
and property on lts own structure, and for belng drawn by a
motor vehlcle.
o.
[5 215J
Nortgage
IIHortgagen means such classes of llens as are conunonly
glven to secure advances on, or the unpald purchase prlce of,
real property, together with the credlt instruments, lf any,
secured thereby.
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P.
[~ 216 ]
Moving Expenses
UHov~ng expense" means the cost of d~smantl~ng, d~s-
connect~ng, crat~ng, load~ng, ~nsuring, temporary storage,
transport~ng, unloading and relnstall~ng of personal pro-
perty, lnclud~ng serv~ce charges ~n connection wlth effect-
ing such lnstallatlons, and necessary temporary lodg~ng and
transportation of elig1ble persons. Hov~ng expense shall
not include:
.
1.
Any add~tlon, ~mprovement, alteratlon or
other phys~cal change 1n or to any struc-
ture ln connectlon wlth effecting removal
of personal property from, or reinstalla-
t10n In such structure;
2. The cost of construct~on or lmprovement
at the new locat1on to replace property
for Wh1Ch compensatlon was pald ~n the
acqu1sltioni
3. Any loss of, or damage to, personal pro-
perty caused by the fault or negl1gence of
the d1splaced person, his agent, or employee
1n the process of movlng where ~nsurance to
cover such loss or damage 18 or was avallablej
4. Any payment for Movlng personal property
where such property 1S purchased as part of
the acqu1slt1on;
5. Add~tlonal expenses ~ncurred because of l~v-
lng In a new locat1oni
.
6.
Cost of mov~ng structures, lmprovements or
other real property (excluslve of f~xtures
and equ1pment) ln WhlCh the dlsplaced person
reserved ownership;
7. Improvements to the replacement s~te;
8. Interest on loans to cover moving expenses;
9. Loss of goodw~ll;
10. Loss of bUSlness or prof~ts;
11. Loss of tralned employees;
12. Personal ~n]ury;
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13. Cost of preparlng the applicatlon for mov-
lng and related expenses;
14. Modlflcatlon of personal property to adapt
lt to replacement slte.
Q.
[3 217]
Non?roflt Or~anizatlon
.
"Nonproflt organlzatlonll means a corporatlon, partner-
ship, indivldual or other publlC or private entlty, engaged
ln a buslness, professlonal or lnstructional activlty on a
nonproflt basls, necessltatlng flxtures, equipment, stock in
trade, or other tangible property for the carrYlng on of the
buslness, professlon or instltutional act1vlty on the premises.
R.
(~ 218]
OWner
1I0wnerll means a person "owns a dwelllng" If he:
1. Holds fee tltle, Ilfe estate, a 99 year lease,
or a lease w1th not less than 50 years to run
from date of acqulslt10n of the property for
the project.
2. Holds an lnterest 1n a cooperatlve hous1ng
proJect Wh1Ch 1ncludes the rlghts of occupancy
of a dwell1ng unlt thereln.
3. Is the cohtract purchaser of any of the fore-
gOlng estates or interests.
4. Has a leasehold lnterest wlth an optlon to
purchase: or
.
5.
Owns a moblle unlt WhlCh under State law is
determined to be real property, not personal
property.
s.
(3 219]
Person
"Person" means any J.nd1v1dual, partnersh1p, corporatlon,
or assoclat1on.
T.
[S 220]
~_ersonal Property
"Personal property" means tang1ble property \vhlCh lS
situated on the real property vacated or to be vacated by a
dlsplaced person and WhlCh 1S consldered personal property
and 1S nonco~pensable (other than for movlng expenses) under
the State law of eminent domain; and
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It
.
In the case of a tenant, f~xtures and equ~pment, and
other property which may be character~zed as real property
under State or local law, but which the tenant may lawfully,
and at hlS electlon determine to move, and for WhlCh the
tenant is not compensated 2n the real property acqu2sltlon.
In the case of an owner of real property, the determlnation
as to whether an ltem of property lS personal or real shall
depend upon how lt 1S ldentifled in the acquis~tlon appral-
sals and the closlng or settlement statement wlth respect
to the real property acquisltlon; provlded, that no ltem of
property WhlCh is compensable under State and local law to
the owner of real property in the real property acqulsitlon
may be treated as tangible personal property in computlng
actual dlrect losses of tanglble personal property.
u.
[5 221J
Pref'aid Expenses
"Prepald expenses" means ~tems pald ln advance by the
seller of real property and prorated between such seller and
the buyer of such real property at the close of escrow includ-
lng, but not linlted to real property taxes, insurance, home-
owners' associatlon dues and assessment payments.
v.
[~ 222]
PubllC Use
"publlC use" means a use for WhlCh real property may be
acqu~red by emlnent domaln.
w.
[~ 223]
Purchases (Re Re~lacement Hous~ng)
.
"Purchases" means the acqulsltlon, constructlon or re-
hab~lltatlon of a dwelllng, the purchase and rehab1litatlon
of a substandard dwell~ng, the relocatlon or relocatlon and
rehabllltatlon of an eXlstlng dwelling, or the enterlng lnto
a contract to purchase, or for the constructlon of, a dwell-
lng to be constructed on a slte to be provlded by a bUllder
or developer or on a slte WhlCh the dlsplaced person owns or
acqu~res for such purpose. Where completlon of construction,
rehabll~tatlon, or relocatlon of a replacement dwelllng ~s
delayed, for reasons beyond control of the dlsplaced person,
occupancy shall be the date the displaced person enters into
a contract for such constructlon, rehabllitatlon, or reloca-
tion or for the purchase upon completion, of a dwelllng to
be constructed or rehabllitated if, In fact, the displaced
person occuples the replacement dwell~ng when the construct~on
or rehabllitatlon ~5 completed.
Moblle homes must be registered wlth the California
Department of Motor Vehicles ln the name of the claimant.
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III.
(~300] RELOCATION ADVISORY ASSISTANCE
A.
[g 301]
Persons and BUSlnesses to Whom
Relocatlon Advisory Assi-stance
Shall Be Provided
.
The Agency shall provlde relocatlon advisory asslstance
to any person or bUSlness dlsplaced because of the acquLsi-
tlon of real property by the Agency. Such relocatLon
advlsory asslstance shall also be provlded to those persons
who occupy property Lrnmedlately adjacent to the real property
acquLred and who, in the determlnation of the Agency or Lts
desLgnee, are caused substantLal econOffilC lnJury by reason of
such acqulsltlon.
B.
[~ 302]
~~~~hbo~?ood ~~loc~~io~ Off~ce
In prov1dlng relocatLon advisory ass1stance pursuant to
Sectlon 303, the Agency may, but lS not requlred to, establlsh
a nelghborhood relocat1on offLce to ass 1St in oota1nlng re-
placement faclllt1es for dlsplaced persons and bus1nesses.
c.
[S 303]
Relocatlon Adv1sory Asslstance
Relocatlon advisory aSSlstance to be provlded by the
Agency shall lnclude the followlng:
1. Determ1n1ng the need, of any of dlsplaced
persons and businesses for relocat1on
assistance.
2.
Prov1dlng current and contlnulng lnforma-
tion on the avallabllLty, pr1ces, and rentals
of comparable decent, safe, and san1tary hous-
ing for displaced persons, and of comparable
com~ercial propertles and locat1ons for d1S-
placed businesses.
.
3. Assur1ng, that wlth1n a reasonable perlod of
t1ffie prior to u1splacement (to the extent
that It can be reasonably accomplLshed), there
will be available In areas not generally less
desirable 1n regard to public utlllt1es and
publlC and commerclal fac1lit1es, and at rents
or prlces w~th1n the financlal means of the
famll1es and lndlVLduals dLsplaced, decent,
safe, and san1tary dwell1ngs, equal in number
to the number of, and available to, such dis-
placed persons who requlre such dwell1ngs and
reasonably accessLble to the~r places of
employment.
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4. Ass~st~ng a displaced bus~ness in obta~n-
ing and becom~ng establlshed in a suitable
replacement locat~on.
5. SupplYlng lnformation concern~ng federal
and state housing programs, dlsaster loan
prograws, and other federal or state pro-
grams offer~ng assistance to dlsplaced
persons and businesses.
.
6.
Provid~ng other advisory serVlces to dis-
placed persons and bUSlnesses in order to
ffilnlmlze hardshlps to such persons and
bus~nesses.
D.
[~ 304]
Coordlnatlon of Relocat~on
Assi-st.-ance progr-am
The Agency shall coordlnate its relocatlon aSSlstance
program with other work necessltatlng dlsplacement of persons,
and with actlvltles of other public entitles In the Clty or
nearby areas, for the purpose of planning relocatlon activ~-
tles and coordlnatlng the avallability of replacement housing
resources in the lmplementatlon of the Agency's relocatlon
asslstance program.
E.
[~ 305]
Contractln9 For ~~~ocatlon Servlces
The Agency may enter lnto a contract "'lith any lndlVldual,
flrm, assoclatlon, corporation, or governmental agency having
an establlshed organizatlon for conductlng relocation aSS1S-
tance programs, for the performance of provldlng relocation
advlsory aSSlstance required under Section 303.
.
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IV.
u~ 400]
RELOCATION PAYI1ENTS TO DISPLACED PERSONS
A.
[~ 401]
El~g1.bility
.
The Agency shall compensate a displaced person for the
expenses descr1.bed in Sectlons 402 or 405, and ln Sectlon
406. A dlsplaced person who llves on hlS business property
may be ellglble for both the payments descrlbed under th1.s
Seetlon 400 and the payments to a displaced bUSlness provid-
ed under Sectlon 500. For the purpose of Sectlons 402 and
405, the term "dlsplaced person" shall l.nclude any person
who moves from real property or moves his faml.ly or personal
property from real property (1) as a result of a wr1.tten
notice from the Agency to vacate, or (2) as a result of the
receipt of a written notice from the Agency to vacate other
real property on wh1.ch the person conducts a business, or (3)
the subJect real property 1.5 acquired by the Agency and the
person moved as a result of l.ts acqU1.Sitlon by the Agency.
Appllcat1.0ns for benefl~s must be made wlthln elghteen (18)
months from the date on WhlCh the d1.splaced person moves
from the real property acqulred, unless such tlffie is extended
by the Agency or hl.s designee.
B.
[5 402]
Actual ReasonaE~~_~xp~~ses l.n Mov1ng
1.
[~ 403]
Allowable_~?Vln9__~x~enses
A dl.splaced person shall be co~pensated for the expenses
lncurred l.n mov2ng h~mself, hl.s family, and personal property
a d1stance wlthin a SO-mlle rad2us of the city limlts. Such
movl.ng expenses shall lnclude:
.
(a) Transportatlon of the displaced person,
nls famlly, and personal property from
the acqulred slte to the replacement
s1te, and obtalnlng bids or estl.mates
for such transportation.
tb) Pack1.ng and unpacking, cratlng and uncrat-
ing of personal property, and obtainl.ng
bids or est~mates therefor.
(c) Storage of personal property for a per20d
not to exceed SlX (6) months ln the event
the Agency determlnes that such storage
1S necessary In connectlon wlth relocatl.on.
(d) Insurance preffilums coverlng the loss of
and damage to personal property whlle ~n
storage or transit.
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(e) Property lost, stolen, or damages ln the
process of moving, where insurance to
cover such loss or damage lS not avail-
ablei provided that such loss, theft, or
daNage is not due to the fault or negll-
gence of the dlsplaced person or hlS
agents or employees.
(f) Dlsconnectlon, disassembly, removal, re-
connection, reinstallatlon, reassembly, and
reestabllshment of appliances and slffillar
ltems of personal property not acquired as
real property, and of utlllty serVlces for
such appllances and slmllar ltems of per-
sonal property. Prlor to payment of any
expenses for removal and relnstallatlon of
such property, the dlsplaced person shall
agree that such property lS personalty and
that the Agency lS released from any pay-
ment therefore.
In the event the dlsplaced person acconpllshes the move
hlffiself, the amount of the payment to be allowed pursuant to
thlS Sectlon 402, shall not exceed the estlmated cost of mov-
lng cOffiTIercially. The estimated cost of movlng comnerclally
shall be based on the lowest reasonable bid or estlwate from
at least two reputable movlng flrms submltted by the dlsplaced
person to the Agency prlor to the move. The estlmated cost of
moving commerclally shall lnclude the cost (If any) of obtaln-
lng such blds or estlmates.
2.
[5 404]
Nonallowable Movlng Expenses
andI.osses
In no lnstance shall a displaced person be compensated
for the following:
(a) Addltlonal expenses lncurred because of
llving ln a new location.
(b) Cost of novlng structures or other lm-
provements in WhlCh the dlsplaced person
reserved ownership, except as otherwlse
provlded by law.
(c) I~provements to the replace~ent dwelllng,
except where requlred by law.
(d) Interest on loans to cover movlng expenses.
(e) Personal InJury.
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(f) Payment for search cost ~n connection
with locat~ng a replacement dwelllng.
(g) Cost of prepar~ng the appl~cat~on for
movlng and related expenses.
B.
(~ 405J
~a~ments In Lieu of Actual Reasonable
~xpenses in Movlng
Any displaced person who moves from a dwelling and who
elects to accept payments authorlzed by thlS Section 405 ln
lieu of the payments authorized by Section 402, shall
receive:
1. A mov1ng expense allowance, according to
a schedule to be establ~shed froQ t~Qe-
to-time by the Agency or ~ts designee
based on reasonable moving cost estlmates
not to exceed Three Hundred Dollars ($300.00);
and
2. A relocation allowance of Two Hundred Dollars
($200.00).
If two or more dlsplaced persons are ]Olnt occupants of
one dwelllng unlt and submlt more than one claim, an eligible
clalmant for a payment under th~s Sectlon 405 may be pald
only hlS reasonable prorated share (as deterrnlned by the
Agency) of the total pay~ent appllcable to a slngle tenant.
The total of the payments made to all such clalffiant5 moving
from the dwelling unit shall not exceed the total payment
allowed to be made to a single tenant as provided ln this
Seetlon.
c.
[5 406]
~e~lace~ent Houslng Payments
1.
[5 407J
Replacemen t Housing Payments,
For__ jJl_splacedu owner--bccupants
a.
(~ 408]
Ellglblllty
In addltlon to the payments requlred by Seetlon 402 or
by Sectlon 405, the Agency shall make a payment to a dlsplac-
ed person whose real property 15 lmproved with a dwelling
actually owned and occupled by the displaced person for not
less than 180 days prlor to the date of lnltiat~on of nego-
tlatlons for the acqulsition of the property.
The payment made pursuant to Section 409 shall be made
only to a dlsplaced person who purchases a comparable
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replacement dwelling, and who occup1es 1t W1th1n one year
subsequent to the date on Wh1Ch he moves from the dwell1ng
acqu1red by the Agency, or the aate on Wh1Ch he rece1ves
from the Agency f1nal payment of all costs of the dwelllng
acqulred by the Agency (whlchever 1S the later date).
Where for reasons of hardshlp and beyond the control of
such d1splaced person, such person 1S unable to occupy the
replacewent dwelling wlthln the above time llnlt, the Agency
or ltS des1gnee may, at his d1scretlon, extend the ti~e.
For the purposes of th1S Sect10n 408, the leaslng of a con-
domlnlum for a 99-year perlod, or for a term which exceeds
the llfe expectancy of the d1splaced person (as determlned
from the most recent life tables in V1tal Stat1stlcs of the
United States, as published by the PubllC Health Service of
~he Department of Health, Educatlon and Welfare), shall be
deemed a purchase of a condoffiln1um.
A d1splaced person who 1S determined to be 1nelig1ble
for a replacement housing payment pursuant to the require-
ments of th1S Sect10n may be ellglble for a replacement hous-
lng payment under Sect10n 414 of these Relocat1on Rules and
Regulations.
Amount and Co~putat1on of
~_~I?lacement Houslng Payme_nt
F?r Dls~laced Owner-Occupants
The total replacement houslng paynent to be made to a
d1splaced person shall not exceed F1fteen Thousana Dollars
($15,000.00), and shall be comprlsed of payments set forth
below:
b.
[~ 409]
( 1)
[~ 410]
Dlfferentlal Payments
.
The Agency, or ltS designee, shall determlne the anount,
If any, which, when added to the acqulsitlon payment equals
the reasonable cost of a comparable replacement dwelling,
provlded that such anount shall not exceed the dlfference
between the acquis~tion pr1ce of the acqu1red dwelling and
the actual purchase prlce of the replacement dwelllng. If
the dlsplaced person voluntarlly purchases and occupies a
decent, safe, and san1tary dwelllng at a prlce less than the
acqu1sltlon prlce of the acqu1red dwelllng, no differentlal
payment shall be made. The follow1ng methods ~ay be used 1n
determ1n1ng the payment:
(a) Schedule Method. The Agency may base lts payment
on a schedi.11E~,- whi-chthe Agency establlshes, of reasonable
acquls1t1on costs for a comparable replacement dwelling based
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on a current market analysls sufflclent to support deter-
ffilnatlons of the amount for the type of dwelllug to be
acqU1.redi or
.
(b) Comparat~ve Method. The Agency may use a com-
paratlve method on which to base its payment by selecting
a dwelllng or dwel11ngs most representatlve of the dwelllng
unlt acqulred, avallable to the displaced person, and which
meets the deflnltion of a comparable replacement dwelllng.
A slngle dwelllng shall be used only when addltlonal com-
parable dwellings are not avallablei or
(e) Alternate Method. The Agency, or lts deslgnee,
~ay develop eriteriafor computing the replacement houslng
payments where nelther the schedule method nor comparatlve
method 15 feaslble.
(2 )
[~ 411]
Interest Paymen~
.
The Agency, or lts deslgnee, shall determine the amount,
lf any, whleh wlll compensate the dlsplaced owner for any
lncreased lnterest cost which he 15 requlred to pay for
financlng the acqulsitlon of a comparable replace~ent dwelling.
The amount shall be pald only lf the acqulred dwelling was
encumbered by a bona fide mortgage, WhlCh was a valid llen on
such dwelllng for not less than 180 days prlor to the date of
the lnltlation of negotlations for the acqulsltlon of such
dwelling. The amount shall be equal to the excess ln the
aggregate lnterest and other debt serv~ce 8ostS, lncludlng
points paid by the purchaser, of that amount of the prlnclpal
of the mortgage on the replacement dwelling WhlCh 15 equal to
the unpald balance of the mortgage on the acqulred dwelling
over the remalnder term of the mortgage on the acqulred dwell-
lng, reduced to dlscounted present value. The dlscount rate
shall be the prevalllng interest rate pald on savlngs deposlts
by commerclal banks ln the general area ln wh~ch the replace-
ment dwelling 1S located.
(3 )
[~ 412]
Inc~dental Expe~se Pa~ment
The Agency, or ltS des~gnee shall determine the amount,
1f any, necessary to relmburse a dlsplaced person for actual
reasonable expenses incurred by the dlsplaced owner-occupant
for evidence of tltle, recording fees, escrow fees and other
closlng costs lncident to the purchase of the replacement
dwelllng normally pald by the purchaser (but not includlng
prepald expenses). No relmbursement shall be made for any
fee, cost, charge, or expense WhlCh is determlned to be a
part of the debt service or flnance charge under the Federal
Truth ln Lendlng Act.
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c.
(5 413J
D1S)?laced Persons il/ho Are
Joint OWner-Occu~ants Of
A Dwelling -.
.
The total amount of the replacement houslng payment to
be made to dlsplaced persons who were ]Olnt owner-occupants
of a dwelllng acqulred by the Agency shall be Ilmited to
the total amount of the payment applicable for an lndlvldual
under Sectlon 407. Such jOlnt owner-occupants may be pald
only thelr respectlve reasonable prorated share of the total
payment appllcable for an lndlvldual.
2.
[~ 414]
Replacement Houslng Payments For
Dlsplac~d Tenanti and Others
a.
[~ 415]
EIJ.91bll}.t~
In addltlon to the payments requlred by Sectlon 402 or
by Section 405, the Agency shall make a paynent to a d1splac-
ed person who has actually and lawfully occupled the dwelllng
from WhlCh he is dlsplaced for not less than nlnety (90) days
prlor to the date of the lnit1ation of negotiations by the
Agency for acqu1sltion of such dwell1ng, and who 1S not
el1g1ble to receive the replacement hous1ng payment prov1ded
under Sect10n 407.
b.
[5 416]
Amount and Computat1on of
Replacement HOUS1Ug Pay~ent
For Displaced Tenants and
Others
The total replace~ent housing payment to be made to dis-
placed tenants and others shall not exceed Four Thousand
Dollars ($4,OOO.OQ) for either:
.
( 1)
The amount, computed 1n accordance w1th
Section 417, necessary to enable the d1S-
placed person to lease or rent a compar-
able replacement dwell1ng for a period
not to exceed four (4) years; or
(2) The amount, computed in accordance with
Section 418, necessary to enable the dis-
placed person to make a down payment
(lnclud1ng incidental expenses) on the
purchase of a comparable replacement
dwell1ng; provided, that lf such amount
exceeds $2,000.00, the d1splaced person
shall equally match any such amount in
excess of $2,000.00 ln making the down
payment.
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c.
[S 417]
Rental Asslstance Payment
The amount to be paid to a dlsplaced person to lease
or rent a comparable replacement dwelllng shall be computed
by subtracting 48 times the base monthly rental of the dis-
placed person from 48 tlmes the monthly rental WhlCh the
displaced person actually pays for a replacement dwelling,
or lf lesser, the amount determlned by the Agency as neces-
sary to rent a comparable replacement dwelling.
.
The base monthly rental shall be:
(1) The average monthly rental pald by the
displaced person for the 3-month perlod
prlor to the date of the ln1tiat1on of
negotlatlonsi or
(2) The average monthly rental dur1ng such
3-month per~od for slffillar dwell~ngs In
an area not generally less desirable
than that of the dwelling from WhlCh such
person was dlsplaced (herelnafter referr-
ed to as the "econoffilc rent") in the
even t:
(a) The average monthly rental pald by
the dlsplaced person 1S found by
the Agency or lts deslgnee to be
substantlally hlgher or lower than
the ecanomlC rent; or
.
(b) The dlsplaced person was the owner
of the dwelllng from WhlCh he was
dlsplaced.
The comparable monthly rental shall be the amount of
rental determlned by the Agency's designee by elther of the
followlng methods:
(1) Schedule Method. In accordance wlth a schedule to
be establlshed from t~me-to-time by the Agency's des~gnee
WhlCh establlshes the average monthly rentals for comparable
replacement houslng WhlCh are avallable In the prlvate market
for the var~ous types of dwelllngs to be acquired; or
(2) Comparatlve ~ethod.
determinlng the average month's
wh~ch have been selected by the
person with the approval of the
On a case-by-case basls by
rent for one or more dwel11ngs
Agency or by the dlsplaced
Agency, and WhlCh are more
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representative of the acqu~red dwelllng and meet the def~nl-
tlon of comparable replacement hous~ng.
The a~ount of the rental aSSlstance payment made pur-
suant to this Sect~on 417 shall ln no event exceed the
d~fference between the base rental and the actual monthly
rental paid by the displaced person for a replacement
dwelllng.
.
d.
[~ 418]
Purcha~eAss~stance Payment
In the event the d~splaced person elects to purchase
lnstead of rent a comparable replacement dwelling, the amount
to be pald to the displaced person to make a down payment and
to cover ~ncidental expenses on such purchase shall not exceed:
(1) The amount requ~red as down payment for
the purchase of a co~parable replacewent
dwell~ng. This determlnatlon of the
amount necessary for such down payment
shall be based on the amount necessary
for such down payment that would be re-
quired for purchase of the dwelling uSlng
a convent~onal loan; and
(2) Expenses lncident to the purchase of a
comparable replacement dwelling as set
forth in Sectlon 412. The full amount of
a down payment under this Sectlon 418
shall be applled to the purchase prlce
and such lnc~dental expenSe of the pur-
chase of the replacement dwelllng.
.
e.
[~ 419]
Llm~tations and Dlsbursement Of
Replacement Houslng Pay~e!1tto
D1SFl~c~?_Tena~~s and Others
( 1)
[~ 420]
JOlnt Occurants
The total amount of the replacement hous~ng payment to be
made to dlsplaced persons who were )Olnt occupants of a dwell-
lng acqu~red by the Agency shall be Ilm~ted to the total
amount of the payment applicable for an ~ndlVldual under Sec-
tlon 414. Such )o~nt occupants may be pald only their reason-
able prorated share of the total payment appllcable for an
lndlVldual.
(2)
[~ 421]
Rental ReElacement Hous~nc;J
In the event the displaced person ~s not ellg~ble for a
replacement houSlng payment under Sect~on 406 or if otherw~se
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ellg1ble but he elects to rent rather than purchase a com-
parable replace~ent dwelllng, the amount of the rental
asslstance payment under Sections 416 and 417 shall not
exceed the amount of payment for which such dlsplaced person
would be el1glble under Section 407 If he had purchased a
comparable replacement dwelllng.
(3)
[~ 422]
Dlsbursewent of Rental
Replacement Houslng
Payments
.
Rental replacement housing payments 1n excess of $500.00
shall be made annually in four (4) equal 1nstallments, pro-
vlded that prlor to paYlng each such install~ent the Agency
shall verlfy that the displaced person (so long as he remalns
ln the general local1ty) 1S occupying a comparable replace-
ment dwelllng. In unusual circumstances as determ1ned by the
Agency payments may be pa1d 1n a lump sum or ln other
increments.
.
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v.
[5 500]
RELOCATION PAYMENTS TO THE DISPLACED
BUSINESSES
.
The Agency shall compensate the owner of a displaced
bus1ness for the expenses descrlbed ln Sections 501, 505,
and 506, or In Sectlon 507. For the purpose of Sectlons
501, 505, and 506, the term "dlsplaced buslness" shall l.n-
clude any busl.ness whl.ch 15 discontlnued or moved from
real property, (1) as a result of agency acqu1Sl.tlon of
such real property, or (2) as a result of wrl.tten notice to
vacate from the Agency, or (3) wh1ch moves its equlprnent,
machlnery or other ltems of personal property from real pro-
perty, as a result of the receipt of a wrltten not1ce from
the Agency to vacate other real property on WhlCh the bUS1-
ness lS conducted.
A.
[~ 501]
Actual Reasonable Movl.ng Expenses
1.
[~ 502]
~llowable MovingnExpenses
An owner of a displaced bus1ness shall be compensated
for the expenses l.ncurred in moving the personal property of
the dl.splaced business a dlstance wlthln a 50-mile radius of
the City Ilffil.tS. Such mov1ng expenses shall include:
(a) Transportatl.on of the personal property
of the dlsplaced bUSlness from the ac-
qUlred slte to the replacement slte, and
obtal.ning bids or estl.mates for such
transportatlon.
(b)
Packlng and unpacklng, crat1ng and uncrat-
lng of such personal property; and obtaln-
lng bids or estlmates therefor.
.
( c)
Storage of such personal property for a
period not to exceed SlX (6) months (in
the event the Agency determ1nes that such
storage l.S necessary ln connection wlth
relocatlon) .
(d) Insurance premiums coverlng the loss and
damage to such personal property whl.le in
storage or transit.
(e) Property lost, stolen or damaged in the
process of movl.ng, where lnsurance to cover
such loss or damage lS not available; pro-
vided that such loss, theft, or damage is
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not due to the fault or negl~gence of
the displaced business or its agents
or employees.
.
(f) Disconnection, d~sassembly, removal,
reconnection, reinstallat~on, reassembly,
and reestabllshment of machlnery, equ~p-
~ent, and other ltems of personal proper-
ty and util~ty serVlces for such mach~nery,
equlpment, and slmilar ltems not acqulred
as real property; provlded that prior to
payment of any expenses related thereto,
the owner of the dlsplaced business shall
be requ~red to agree ln wrltlng that such
nachlnery, equ~pnent, and sim1lar items of
personal property are personalty and that
the Agency lS released from any obl1gation
to make payment for purchase of such
machlnery, equlpment, and simllar items of
property.
2.
[~ 503]
Limltatlons
The amount permltted to be paid for actual movlng expenses
for personal property of a dlsplaced buslness shall be limlted
by the following considerations:
.
(a) In the event the owner of the dlsplaced
buslness accomplishes the move hlmself,
the amount of payment to be allowed pur-
suant to Sectlon 502 shall not exceed
the estimated cost of movlng co~~ercially.
The estimated cost of movlng commerclally
shall be based on the lowest responslble
bid or estlmate from at least two reputable
movlng flrms submitted by the owner of the
dlsplaced buslness to the Agency prior to
the move. The estlmated cost of movlng
co~~erc~ally shall include the cost (If
any) of obtalnlng such blds or estlmates.
(b) In the event an lteIT of personal property
of a dlsplaced buslness is not moved but
sold and promptly replaced wlth a compar-
able item, the payments made pursuant to
Sectlons 501 and 506 shall not exceed the
replacement cost minus the proceeds re-
ceived from the sale, or the estlmated
costs of movlng, whlchever is less.
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(c) In the event an 1tem of personal property
of a dlsplaced bus1ness 1S not moved but
abandoned and promptly replaced wlth a
comparable ltem, the payments made pursuant
to Sectlons 501 and 506 shall not exceed
the replacement cost minus the in-use value
of the 1tem of personal property, or the
estimated cost of moving, whichever 18 less.
.
(d) In the event personal property of a d1S-
placed buslness to be moved 1S of low
value and hlgh bulk, and the cost of mov-
lUg would be dlsproportionate lU relat10n
to the value, as determined by the Agency
or lts des1gnee, the pay~ents made pursuant
to Sections 501 and 506 shall not exceed
the dlfference between the amount which
would have been received for such item on
llqu1dat1on and the cost of replac1ng the
same wlth a cOMparable ltem ava11able on
the ~arket. ThlS 11ffi1tat1on is spec1flcally
applicable in the case of moving of Junk-
yards, stockpiled sand, gravel, ffilnerals,
metals and slmllar items of personal property.
(e) In the event the cost of movlng or relocatlng
an outdoor advertislng display or dlsplays is
determ1ned by the Agency to be equal to or in
excess of the in-place value of the dlsplay,
the Agency may elect to acquire such display
or displays as a part of the real property.
3.
[~ 504]
Nonallowable Movlng Expenses and
Losses
.
In no instance shall an owner of a displaced buslness be
compensated for the following:
(a) Add1tlonal expenses incurred because of
conduct1ng bus1ness ln a new locatlon.
(b) Cost of movlng structures or other 1m-
provements (exclus1ve of flxtures and
equ1pment) in which the owner of the dis-
placed buslness reserved ownership, ex-
cept as otherwlse provided by law.
(c) Improvements to the replacement business
site, except where required by law.
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(d) Interest on loans to cover movlng expenses.
(e) Loss of good will.
(f) Loss of proflts.
(g) Loss of trained employees.
(h) Personal injury.
.
(i) Cost of preparlng the applicatlon for mov-
lng and related expenses.
Ex~enses ln Searchlng for a Replacement
slte For_ :the DTsplacedBusin_ess
An owner of a dlsplaced buslness shall be compensated for
the actual and reasonable expenses lncurred in searching for
a replacement slte for the displaced buslness wlthln a 50-mlle
radlus of the City Ilmits. The total amount of the payment by
the Agency for such expenses ln searchlng for a replacement
slte for the dlsplaced buslness shall not exceed Five Hundred
Dollars ($500.00). Expenses whlch quallfy for reiIT~ursement
pursuant to thlS Section 505 may lnclude:
B.
[~ 505]
1. The actual expense of transportation,
meals, and lodglng away from home.
2.
The expense attributable to the tlQe
spent ln searchlng for a replacement
slte computed on the hourly wage rate
of the salary or earnlngs of the owner
of the dlsplaced buslness or his re-
presentatlve or employee, but not to
exceed $10.00 per hour.
.
3.
Fees pald to a real estate broker to
locate a replacement slte for the d15-
placed business.
C.
[~ 506]
Actual Dlrect Losses of Tanglble
Personal prorerty of the Dlsp~aced
Business
An owner of a dlsplaced bUSlness shall be compensated for
the actual dlrect loss of tanglble personal property of the
dlsplaced buslness attrlbutable to relocatlng or dlscontlnuing
the dlsplaced business. The total amount of the payment by
the Agency for such actual dlrect loss of personal property
of the dlsplaced buslness shall not exceed an amount equal to
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the reasonable expenses that would have been requ1red to
move such personal property with1n a 50-ml1e rad1us of the
C1ty Ilmits, as determined by the Agency or 1tS deslgnee.
Subject to said limitation, the actual dlrect loss of per-
sonal property shall be computed and based on an appraisal
obta1ned by either the Agency or the owner of the d1splaced
business (and approved by the other) of either:
1.
The In-use value of the personal property
mlnus the proceeds recelved from the sale
of such personal property (in the event
the property 1S sold and not promptly re-
placed w1th a comparable 1tem of personal
property) i or
2. The In-use value of the personal property
ln the event the property cannot be sold
and 15 abandoned and 15 not promptly re-
placed wlth a comparable ltem of property.
The cost of removal of the personal property WhlCh 15
sold or abandoned shall not be considered as an offsetting
charge ln determlnlng the amount of the actual direct loss of
such personal property.
In order to obtaln a payment for the actual d1rect loss
of an 1tern of personal property, the owner of the d1splaced
business shall make a bona floe effort to sell the 1tem of
personal property for which the loss 15 claimed at the highest
prlce offered after reasonable efforts have been made over a
reasonable perlod of t1me to interested prospect1ve purchasers.
If the proceeds from the sale are less than the in-use value,
the difference between the proceeds and the in-use value shall
be the amount of actual direct loss of the item of tangible
personal property.
If the 1tem of tangible personal property cannot be sold
and is abandoned, the ~n-use value shall be the amount of
actual dlrect loss of the 1tem of tangible personal property.
In the event the 1tem of tang1ble personal property Wh1Ch 1S
sold or abandoned lS promptly replaced with a comparable ltem,
no payment for the actual d1rect loss of such tang~ble person-
al property shall be made to the owner of the displaced bUS1-
ness by the Agency; ~nstead, the owner of the displaced bUSl-
ness shall be paid the amount specified ~n Section 503(b) or
Sectlon 503(c).
No payment for the actual dlrect loss of items of tangible
personal property of a d1splaced bus1ness which are of low
value and high bulk shall be made to the owner of the displaced
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business; lnstead, the owner of the dlsplaced business shall
be paid the amount specified in Section 503(d).
D.
[~ 507]
Payments in Lieu of Moving and Related
Expenses
Any owner who moves or dlscontlnues hlS bUSlness and who
elects to accept the payment authorized by this Section 507
ln lleu of the payments authorlzed by Sectlons 501 through
506 shall recelve a flxed relocatlon payment In an amount
equal to the "average annual net earnlngsU of the business.
If a buslness has no net earnlngs or has suffered losses dur-
lng the perlod used to compute the Uaverage annual net earn-
lngs", it may nevertheless recelve the $2,500.00 mlnlmum pay-
ment descrlbed in Sectlon 509 provlded that the Agency
determlnes that such buslness 1S 1n fact a bona flde bus1ness.
1.
[~ 508]
Elic;rlblllty
To be ellgible for the payment authorlzed by Sectlon 507,
the owner of the displaced business shall make avallable to
the Agency ltS state income tax records, and/or 1tS flnancial
statements and accountlng records, for audlt for confidential
use to determlne the amount of the payment authorized by Sec-
tion 507.
No payment shall be made under Sectlon 507, unless the
Agency determlnes that (1) the buslness cannot be relocated
wlthout a suhstant1al loss of eXlsting patronage and (2) that
the business 1S not a part of a commercial enterpr1se having
at least one other establlshment not being acqulred, which lS
engaged in the same or slffillar bus1ness.
The determlnatlon of the loss of eXlstlng patronage shall
be made by the Agency only after consideratlon of all perti-
nent clrcumstances, including but not llffilted to the following
factors:
(a) The type of buslness conducted by the dlS-
placed buslness.
(b) The nature of the clientele of the dls-
placed buslness.
(c) The relatlve 1mportance of the present
and proposed location to the dlsplaced
business and the avallablllty of a com-
parable replacement dwelllng for the
owner, in the event the owner llves on
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the d~5placed bU5~ness premises, or moves
as a result of the acqu~sltion of hlS
business location by the Agency.
In connection with the relocation of a nonprof~t organ~za-
t~on, the use of the term "patronage" shall refer to the per-
sons, communlty, or cl~entele served or affected by the activi-
tles of the nonprofit organ~zations.
.
In determ~n~ng whether the d~splaced buslness lS a part
of a slm~lar business enterprlse having at least one other
establ~shment not belng acquired, the Agency shall cons~der the
follow~ng factors:
(a) The extent to which the same prem~ses
and equipment are shared.
(b) The extent to WhlCh substantially ~den-
tlcal or lntimately interrelated busi-
ness functions are pursued and buslness
and flnanclal affalrs are comlngled.
(c) The extent to wh~ch such entltles are
held out to the publlC, and to those
customarl1y deallng wlth such entltles,
as one buslness; and
(d) The extent to WhlCh the same person or
closely related persons own, control or
manage the affalrs of the entitles.
.
An outdoor advertlslng display shall not be entitled to
the payment under Sectlon 507, but shall be liAlted to the
payment of mov~ng expenses under Section 501 or the cost to
replace sald d~splay.
2.
[5 509J
Amount of Payment
The payment made to an owner of a displaced buslness pur-
suant to Section 507 shall be In an amount not less than Two
Thousand F~ve Hundred Dollars ($2,500.00) nor more than Ten
Thousand Dollars ($10,000.00).
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VI.
[~ 600]
MOBILE Hru~S
A.
[~ 601]
Purchase of Mob~le Homes
The Agency may purchase mobl1e homes where:
1.
The structural condlt1on of the moblle
home ~s such that ~t cannot be Moved
w~thout substant~al damage or unreason-
able cost; or
2.
The mobile home is not considered to be
a decent, safe, and san~tary dwell~ng
un~t as deflned In Sectlon 210.
B.
[5 602]
Partial Acgu1s1tlon of Mob1le Home Park
Where the Agency determ~nes that a suff~C1ent portion of
a mobile home park 15 taken to ]ust1fy the operator of such
a park to move his bUSlness or go out of buslness, the owners
and occupants of the mob1le home dwell1ngs not wlthln the
actual taklng, but who are forced to move, shall be ellgible
to recelve the same payments as though their dwellings were
w1th1n the actual tak1ng.
c.
[~ 603]
Moblle Homes as Repla~ement Dwell1n3s
A mobile home may be considered a replacement dwelllng
provided:
1. The mobile home meets standards of decent,
safe, and san1tary hous1ng;
2.
The moblle home 1S placed 1n a f1xed
locatlon:
a. In a ~ob1le home park WhlCh 1S llcensed
and operat1ng under State law; or
b. In a moblle hone subdlvlslon wherein
the displaced person owns the lot on
WhlCh the mohlle home 1S placed; or
c. On real property owned or leased by
the displaced person in other than a
moblle home subdlvislon, provlded such
placement 1S 1n accordance with State
and local laws or ordinances, and pro-
vlded such placement was made under
permit from the State or local agency.
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D.
U~ 604]
COffiputat1on on Next Hi9hest Type
.
When a comparable moblle home is not ava1lable it will
be necessary to calculate the replacement housing paYMent on
the basis of the next hlghest type of dwelllng that 1S
avallable and meets the appllcable requirements and stan-
dards, i.e., a hlgher type moblle home or a conventlonal
dwell1ng. "Not ava1lable" as used 1n th1S Sectlon includes,
but is not llm1ted to, those cases where mob1le homes cannot
be relocated ln mobile home parks with1n a reasonable d1S-
tance from the place of dlslocation because of lack of ava1l-
able spaces or because of the standards and rules of the
moblle home parks where spaces are available.
E.
[~ 605]
Relocatlon El1glbllity and Payments
The ellg1blllty requlrements and general provlslons of
Sectlons 400, 409, and 416 are applicable to owners and
tenants of mob1le homes.
.
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VII.
[~700] REQUIREMENTS PRIOR TO DISPLACEMENT
A.
r~ 701]
Ninety-pay Notic~
To the greatest extent pract~cable, no person lawfully
OccupY1ng real property shall be requ~red to move from h1S
dwelllng (assum1ng a comparable dwell1ng wlll be avallable)
or to move h1S bus1ness, without at least 90 days written
notice from the Agency to vacate. After dellvery of a 90-
day notlce to the person or bUS1ness to be d~splaced by the
Agency, the partles may agree In wrltlng to a tenancy Wh1Ch
permlts a shorter not1ce than 90 days to term1nate such
tenancy and to require such person to move. If the Agency
perm1ts such person or business to remain on the real proper-
ty acqulred by the Agency on a rental basis for a short term
or for a perlod subJect to terminat10n by the Agency on a 90-
day not1ce, or shorter not1ce per1od, the amount of rent re-
qU1red shall not exceed the fa1r market value of the property
to a short term occupier.
B.
[~ 702]
Ava1lab1l1ty of Comvarable Revlacement
Dwell~n~
No d1splaced person shall be required to move from his
dwell1ng because of ltS acquls1tion by the Agency, unless
there 1S a comparable replacement dwell1ng as deflned 1n Sec-
t10n 206 ava1lable to that d1splaced person. The requirement
of thlS Sect10n 702 shall be deemed to have been satisfied if
the dlsplaced person 15 offered and refuses (without reason-
able Just1ficat1on) reasonable cho1ce5 of speclflcally ldentl-
fied comparable replacement dwell1ngs wh1ch meet the criteria
of Section 206.
c.
[~ 703]
Determl~atlon of Avallabllit~
The determlnatlon of ava1lab1l1ty of a comparable replace-
ment dwell1ng shall be based on a current survey and analysis
of avallable replacement hous1ng by the Agency, tak1ng into
account competing demands on available houslng.
D.
[~ 704]
Use of Temvorary Ho~s~ng
Subject to the prior approval of the Agency or its des1g-
nee, a person to be displaced from a dwelling by the Agency,
may be provlded temporary hous1ng WhlCh 1S not comparable re-
placement houslng as deflned in Sect10n 206 1n the followlng
clrcumstances:
1. In cases of emergency or where such person
1S subJect to econom1C hardship or condi-
tions hazardous to hlS health or safety; or
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2. In extraord~nary s~tuat~ons where the
absence of such temporary move, the pro-
gress of the program would be substan-
tlally delayed lf the follow~ng condit~ons
are satisf~ed:
a. Such temporary hous~ng is decent, safe,
and san~tary and with~n the f~nancial
means of such person; and
b. The Agency or ~ts desLgnee has determin-
ed that with~n 12 months of the date of
the temporary move or such longer period
as deemed reasonable by ~t, cOmparable
replacement hous~ng meeting the cr1teria
spec~fied 1n Sect~on 206 w~ll be ava~l-
able for occupancy by such d~splaced per-
son; and
c. Pr10r to the temporary move such person
will be g~ven a written assurance that
comparable replacement hous~ng meeting
the cr~ter1a spec~fied in Sect10n 206
w~ll be available at the earllest possible
t1me but not later than the date provlded
under paragraph 2b. of th~s Sect~on 704.
The Agency shall cont1nue to furnish to all d~splaced
persons provided temporary hous1ng under th~s Sect~on 704, all
relocat~on assistance required under Section 303.
The elig~b~l~ty of any dlsplaced person for a payment
under Sect~ons 402 or 405 and under Sect~on 406 shall not be
affected by a move to temporary hous~ng. Any displaced person
prov~ded temporary housing under th~s Section 704 shall be
entltled to actual reasonable moving expenses into both tem-
porary and permanent housing, and such person may elect to re-
ce~ve an alternate payment under Sect~on 405 ~n l~eu of actual
reasonable mov~ng expenses.
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VIII.
[~800] APPEALS PROCEDURES AND ADMINISTRATIVE
REVIEW
A.
[~ 801]
Notlflcatlon of Clalmant
In the event the Agency denles the ellglbllity of a per-
son who has made a clalm for a relocatlon payment under these
Rules and Regulatlons, or dlsapproves the full amount claimed,
or refuses to conslder the clalffi or ltS merlts on account of
an untlmely flllng or any other ground, the Agency shall by
written notice lnform the person of ltS determlnatlon, the
reasons therefor, and the applicable procedures for obtaining
reVlew of the determlnatlon.
B.
[~ 802]
Rlght of ReVlew
Any person aggrieved by a determlnation as to ellglbllity
for, or the amount of, a payment under these Rules and Regula-
tions may have hlS clalm reviewed in accordance with the pro-
cedures set forth below. Any person or class of persons may
see~ reVlew of any schedule wlth respect to payment under these
Rules and Regulatlons. The procedures for reVlew are as follows:
(I) Review by Agency Designee. Any person or class of
persons who has a rlght to seek reVlew (as provlded in thlS
Sectlon 802) may request in wrltlng that the Agency's author-
lzed designee, reVlew the matter wlth the person or persons
making thlS request. Such deslgnee must be so~eone other than
the person who made the inltial declslon, and must have the
authorlty to reVlse the initlal determlnation of the clalm.
Any such person or class of persons, upon request to the Agency,
shall be afforded the opportunlty to make an oral presentatlon
and to dlSCUSS the subJect claim or claims wlth the Agency's
deslgnee. The Agency's deslgnee (other than the person maklng
the lnltial declslon) shall notlfy such person or persons ln
wrltlng of his declslon, revlewing and considerlng all reason-
ably avallable evidence. Sald notlflcatlon shall be made
wlthln flfteen (IS) days followlng the date on WhlCh the matter
was reviewed wlth the person or persons making the request for
reVlew.
(2) ReVlew by Relocation Appeals Board. After reVlew
of the matter by the Agency's designee and receipt of ltS
decislon, or ln the event such person or class of persons
has not recelved notlficatlon of the Agency's deslgnee's de-
cislon wlthln 30 days after flling the lnltlal request for
reVlew, the person or class of persons may flle a complalnt
1n writing wlth the Relocatlon Appeals Board establlshed by
the City. The complaint ~ust be filed withln SlX (6) months
of the date on WhlCh the aggrleved person or class of persons
recelved (or should have recelved) notlflcation of the Agency's
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declsion. The Relocation Appeals Board wlll promptly hear
all such complaints pursuant to rules and regulations
adopted by the Relocation Appeals Board, and shall deter-
mine If the Agency has complied with applicable provls~ons
of the Californla Communlty Redevelopment Law, the State
Gu~dellnes and, where applicable, Federal regulatlons. The
Relocatlon Appeals Board shall, after a publlC hear1ng on
the matter, transffi1t ltS flnd1ngs and recommendation to the
Agency Members.
(3) Review by Agency Members. After a publlC hearlng
by the Relocation AppeaTs 1foard, and rece1pt of 1 ts flnd1ngs
and recommendatlons, the Agency Members shall conduct a hear-
ing on the complalnt and shall glve such person or class of
persons at least flve (5) days wr1tten notice prior to hear-
lng the matter. The f1nal determ1nat1on on review by the
Agency Members shall include, but 1S not llmited to: (a)
the Agency Member1s dec1s1on on reconsideratlon of the claim
or cla1ffis; and (b) the factual and legal basls upon whlch its
declslon 15 based, including any pertinent explanatlon or
ratlonale. The aggrieved person or class of persons shall be
not1f1ed In writing of the decislon of the Agency MeIT~ers
wlthln f1ve (5) days after such declslon, WhlCh declsion shall
be flnal.
C.
u~ 803]
ReVlew of FlIes
Except for confident1al material, and except to the ex-
tent spec1f1cally prohib1ted by law, the Agency shall allow
the aggrieved person or persons to inspect all flIes and re-
cords bearlng on the clalffi or complaint. The Agency may,
however, 1mpose reasonable condltions on such rlght to 1nspect
its flIes and records.
D.
[~ 804]
Effect of Determ1natlon on Other
Persons
The prlnciples establlshed In all determinatlons by the
Agency shall be applied to all simllar cases regardless of
whether or not a person has filed a wrltten request for
reVlew.
E.
[~ 805]
Constructlon of These Rules and
Re<;Julations
These Rules and Regulatlons shall be 11berally construed
so as to fulfill the statutory purpose as declared ln the
Relocatlon ASS1stance Law of "fair and equ1table treatment"
ln order that dlsplaced persons "not suffer disproport1onate
inJur~es as a result of programs deslgned for the beneflt of
the publ1C as a whole".
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F.
[5 806]
R1.qht to Counsel
The cla1.mant has a r1.ght to representatlon by legal or
other counsel at his own expense at any and all stages of
the proceed1.ngs set forth l.n Sectlons 801 through 808.
G.
[~ 807J
Judlclal ReVlew
Nothlng ln these Rules and Regulatlons shall In any way
preclude or lirn1t a clalmant from seeklng Judlcial review or
recelving a fair and lmpartial conslderation of his clalm on
lts merlts upon exhaustlon of such admlnlstratlve rernedles
as are avallable to hlrn under Section 802.
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IX.
[~ 900]
ACQUISITION PROCEDURES
A.
(s; 901]
Just Compensation
Prior to the date of lnltiatlon of negotlatlons for the
acqulsltlon of real property, the Agency or ltS deslgnee
shall establlsh Just compensation, which in no event shall
be less than the Agency's approved appraisal of the falr
market value of the property. ThlS compensatlon shall in-
clude recordlng fees, transfer taxes and prepayment penaltles
on existlng llens and other slffillar expenses lncidental to
conveying such real property to the Agency.
B.
(~ 902]
Inltiatlon of Negotlatlons
(1) Statement to be Furnlshed Owner. When negotlatlons
for the acqulsition of real property are initiated, the owner
shall be provided wlth a written statement concernlng the pro-
posed acquisltlon. This statement shall lnclude, as a rnlnl-
mum, the following:
(a) Identlficatlon of the real property and
the estate or interest thereln to be ac-
qUlred, includlng the bUlldings, struc-
tures, and other improvements on the
land, as well as the fixtures conslder-
ed to be part of the real property; and
(b) The amount of the estlmated just compen-
satlon for the property to be acquired,
as determlned by the acquiring agency,
and a statement of the basls therefor.
In the case of a partlal taking, damages,
lf any, to the rernalnlng real property
shall be separately stated.
(2) Offer to Purchase. The Agency shall make a prompt
offer to purchase the property for the amount contalned in
the statement.
C.
[s; 903]
Appralsal Standards
For the purpose of promotlng uniformlty, the Agency or
ltS designee shall establlsh for all programs under lts Jurls-
dlctlon, standards for appraisals used In such programs,
crlterla for determlnlng the quallflcatlons of appralsers,
and a system of reVlew by qualifled appraisers.
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D.
[~ 904]
Contracts to Purchase Real Property
Contracts or optlons to purchase real property shall
not lncorporate provislons for making payments for reloca-
tion costs and related ltems. Appralsers shall not glve
consideration to or lnclude In thelr appralsals any allow-
ance for these beneflts. In the event of a condemnatlon
actlon, the estlmated compensation shall be determined solely
on the basis of the appralsal value.
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