8.100.990 Payment of relocation costs by city.
A. In the event the owner fails, neglects or refuses to pay a displaced tenant relocation benefits due pursuant to Sections 8.100.940 through 8.100.960 of this chapter, the city may, within budgetary limitations, make payment of such relocation benefits as the building official determines is necessary to assist the displaced tenant to relocate, up to the amount payable by the owner under Section 8.100.960 of this chapter, including, without limitation, the following costs:
1. Transportation of the tenant's personal property to the new location;
2. Packing, crating, unpacking and uncrating the tenant's personal property;
3. Insurance of the tenant's property while in transit;
4. The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonable available;
5. The cost of disconnecting, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service;
6. Any other sums needed by the tenant to obtain substitute housing, such as deposits or prepaid rent;
7. Temporary housing and living costs incurred while tenant locates a replacement dwelling. Such costs may include food and hotel/motel expenses. The amount of benefits payable under this section are to be determined by the building official depending on the facts of the situation presented.
B. Any displaced tenant who needs relocation benefits because an owner fails to pay benefits due hereunder shall apply to the building official for benefits no later than fifteen (15) days after the vacation date. Building official shall grant benefits only if he or she determines that the tenant is eligible for benefits from the owner and shall take into consideration the amount needed by the tenant to secure alternative housing and the amount of the tenant's income. Any applicant who objects to the decision of the building official, to grant or not grant benefits, or as to the amount granted, may appeal the decision to the relocation benefits committee, which committee shall consist of three members of the housing code advisory and appeals board appointed by the board chair. The appeal shall consist of a written notice containing a brief statement of the grounds for appeal to the building official within ten (10) days from the date of the building official's decision. The committee shall hold an informal hearing on the appeal within fifteen (15) days after the notice of appeal is received by the building official, and shall issue written findings within five days after the hearing. Such findings shall be final.
C. Any displaced tenant who has vacated his or her premises based on the building official's order to immediately vacate the premises due to conditions rendering it immediately dangerous to the life, limb, property or safety of the public or the tenants may request temporary housing and living expenses as provided in subsection (A)(7) of this section. Temporary benefits may be paid to the tenant in the sole discretion of the building official and only in cases in which he or she believes a tenant is substantially likely to be entitled to receive other relocation benefits. The building official shall have sole discretion to determine the amount, type and duration of the temporary benefits. The building official's decision is final. Notwithstanding the finality of the building official's decision, any displaced tenant or his or her representative who has been denied temporary relocation benefits shall be entitled to meet with the building official to present facts demonstrating that temporary relocation benefits should be paid. There is no right to appeal the building official's decision.
D. The city may recover from the owner any amount paid to a tenant pursuant to this article. This city shall also be entitled to recover from the owner an additional amount equal to one-half the amount so paid as a penalty for failure to make timely payment to the displaced tenant and city's actual costs (including direct and indirect costs) of administering the provision of benefits to the displaced tenant.
E. Any amounts paid by the city and any applicable penalties and administrative costs may also be made a personal obligation of the owner and placed as a lien against the property.
F. The city may recover relocation costs, administrative penalties and costs in the manner set forth in Article IX of Chapter 8.96 of this title.
G. Nothing contained in this article shall require the city to pay any relocation benefits to any tenant.
H. The damages which a displaced tenant may receive under Section 8.100.970 of this chapter shall be reduced by the amount of any benefits received from the city. (Prior code § 49.13.1308)
