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M-8/6/1974 '-1-~ ~~ . . . ~ -. '- 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 r .. ... , flo- e e ~ : ~ '\ " 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 ~ . EX HI BIT IIA II ,~ . . ~ \ .. 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 - il - : 1. e e 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 - 111 - ~ v. . . VI. ~ e [~ 500] e 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 - iv - . . ~ . 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] e 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 - v - . . ~ - . e e 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. . . ~ J . e e 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 - 2 - e e 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 - 3 - ~ e e 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: - 4 - ~ e e 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. - 5 - ~ e e 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; - 6 - ~ e e 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 - 7 - ~ e 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. - 8 - ~ . e 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. - 9 - ...... e e 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. . - 10 - ~ e e 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. - 11 - ...... . . ..... ' e e (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. - 12 - e . ~ .. T1 e e (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 - 13 - e e . 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 - 14 - ~ e e 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. - 15 - ....... e e 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. - 16 - - e e 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 - 17 - ...... e . 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 - 18 - - . e 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. . - 19 - - e - 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 - 20 - ~ e e 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. - 21 - ~ e e (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. - 22 - - '~ e e (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 - 23 - ~- . . ~ ~ . e e 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 - 24 - . . ~ , . e - 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 - 25 - . e 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). - 26 - ........ . . ~ , . e e 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. - 27 - .... .. It e 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. . - 28 - ~ ~. . . ~ . '.-~ e e 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 - 29 - . . ,'" ...... . . . . ...... . e 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. - 30 - . . ..... t -, . . '- '. . e 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 - 31 - - ~. ...... -.0. ..." . . ~ . e 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". - 32 - . .. ... ~.. .~ . . ~ . e 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. - 33 - . . ...4 ~" . . ~ e e 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. - 34 - ,. .,~" \ \ . . ~ . . 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. - 35 -