HomeMy WebLinkAbout75-60 - Implementing Relocation Assistance328
RESOLUTION NO. 75-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING REGULATIONS
AND PROCEDURES IIiPLEMENTING RELOCATION ASSISTANCE
TO PERSONS DISPLACED BY THE CITY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. Pursuant to the provisions of Chapter 16, Division 7,
Title 1 of the California Government Code, as amended by 1971 Statutes,
Chapter 1574, the City of Costa Mesa hereby adopts those certain regu-
lations and provisions entitled, "CITY OF COSTA MESA REGULATIONS AND
PROCEDURES IMPLEMENTING THE RELOCATION ASSISTANCE LAW, GOVERNMENT CODE,
CHAPTER 16, SECTIONS 7260, et seq." attached to this Resolution, marked
Exhibit "A", and by this specific reference made a part hereof, and said
regulations and procedures contain all definitions, eligibility, dates
and requirements, standards for decent, safe, and sanitary housing,
general provisions concerning all relocation payments, moving expense
schedules, and specific provisions for moving expenses and replacement
housing payments. They are, in effect, the basic instructions under
which all relocation assistance payments will be made by the City of
Costa Mesa.
SECTION 2.
A. The City Council of the City of Costa Mesa hereby elects,
pursuant to Section 30 of the 1971 Statutes, Chapter
1574, to adopt the provisions of Chapter 16, Division 7,
Title 1 of the Goverment Code, as amended by 1971
Statutes, Chapter 1574, as part of said regulations and
provisions, as provided in said regulations and provi-
sions.
B. To the extent that said regulations and procedures differ
from, or are inconsistent with the provisions of Chapter
16, Division 7, Title 1 of the California Government
Code, as amended by 1971 Statutes, Chapter 1574, the
provisions of said State law shall prevail.
PASSED AND ADOPTED this 3rd day of June, 1975.
ATTEST:
City Clerk of the City of C a Mesa Mayor of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
1, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 75-60 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 3rd
day of June, 1975.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of June, 1975.
✓ tew�
City Clerk and ex -officio Clerk the
City Council of the City of Co a Mesa
CITY OF COSTA MESA
REGULATIONS AND PROCEDURES
IMPLEMENTING THE RELOCATION ASSISTANCE LAW
GOVERNMENT CODE, CHAPTER 16, SECTIONS 7260 et seq
MAY, 1975
EXHIBIT "A"
RESOLUTION NO. 75-60
JUNE 3, 1975
01
i
CONTENTS
Section
Title
Page
1
Definitions
1
2
General
10
3
Assurances
13
4
Moving Expense Payments
16
5
Payments in Lieu of Moving
20
6
Replacement Housing Payment - Owners
22
7
Replacement Housing Payment - Tenants
28
8
Advisory Services
31
9
Grievance Procedure
32
10
Property Acquisition Policy
36
1. DEFINITIONS
1.1 Act
The State Relocation Assistance Law, AB -533, Chapter 16,
Sections 7260 et seq., California Government Code.
1.2 Affected Property
Affected property means any real property which actually
declines in fair market value because of acquisition by the public
entity for public use of other real property and a change in the use of
the real property acquired by the public entity.
1.3 Average Annual Net Earnings
The net earnings of the business operation before Federal,
State, and local income tax, during the two taxable years immediately
preceding displacement (or if the business was not operated that long,
such other period as may be approved by the public entity), and includes
salaries, wages, or other compensation paid by the business to the
owner, his spouse, or his dependents. If the public entity determines
that such two-year period is not equitable for establishing earnings,
the period used for determining average net earnings shall be a substi-
tute period determined by the public entity. In the case of a corporate
owner, earnings shall include any compensation paid to the spouse or
dependents of the owner of a majority interest in the corporation. For
the purpose of determining majority ownership, stock held by a husband,
his wife, and their dependent children shall be treated as one unit.
1.4
Business
marily:
Any lawful activity, except a farm operation conducted pri-
a. For the purchase, sale, lease, and rental of personal
and real property, and for the manufacture, processing,
or marketing of products, commodities, or any other
personal property;
b. For the sale of services to the public;
C. By a non-profit organization; or
d. Solely for the purpose of Section 7262 for assisting in
the purchase, sale, resale, manufacture, processing, or
marketing of products, commodities, personal property or
services by the erection and maintenance of an outdoor
advertising display, whether or not such display is
located on the premises on which any of the above activ-
ities are conducted.
1.5
Closing (Replacement Housing Payments)
Those payments relating to owner -occupants relating to the
closing
costs on the purchase of a replacemtn dwelling including costs
of evidence of title, recording fees, etc., but not including prepaid
expenses.
1.6
Comparable Replacement Dwelling
For the purposes of rendering relocation assistance by making
referrals for replacement housing and for computation of the replacement
housing
payment, a comparable replacement dwelling is one which is
decent,
safe, and sanitary and:
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a. Functionally equivalent and substantially the same as the
acquired dwelling, but not excluding newly -constructed
housing.
b. Adequate in size to meet the needs of the displaced
family or individual. However, at the option of the
displaced person, a replacement dwelling may exceed his
needs when the replacement dwelling has the same number
of rooms or the equivalent square footage as the dwelling
from which he was displaced.
C. Open to all persons regardless of race, color, religion,
or national origin, consistent with the requirements of
the Civil Rights Act of 1964 and Title VIII of the Civil
Rights Act of 1968.
d. Located in an area not generally less desirable than the
one in which the acquired dwelling is located, with
respect to:
1. Neighborhood conditions, including but not limited
to municipal services and other environmental
factors;
2. Public utilities; and
3. Public and commercial facilities.
e. Reasonably accessible to the displaced person's place of
employment or potential place of employment.
f. Within the financial means of the displaced family or
individual.
g. Available on the market to the displaced person.
h. If housing meeting the requirements of Paragraph 6.2 is
not available on the market, the head of a displacing
agency may, upon a proper finding of the need therefor,
consider available housing exceeding these basic criteria.
1.7 Condominium
"Condominium" means a combination of co -ownership and owner-
ship in severalty. It is an arrangement under which a family or indi-
vidual in a housing development holds full title to a one -family
dwelling unit, including an undivided interest in common areas and
facilities, and such restricted common areas and facilities as may be
designated.
1.8 Conventional Loan
"Conventional Loan" means a mortgage commonly given by banks
and savings and loan associations to secure advances on, or the unpaid
purchase price of real property, payment of which is not insured by any
agency of the State or Federal governments.
1.9 Counted Room
"Counted Room" means that space in a dwelling unit containing
the usual quantity of household furniture equipment; and personal
library, study, dining room, kitchen, laundry room basement, bedroom,
and garage. Rooms or storage areas which contain substantial amounts of
personal property equivalent to one or more rooms may be counted as
additional rooms.
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1.10
Date
of Initiation
of
Negotiations for Parcel
for a specific purpose (project).
This
phrase means
the
day on which the public entity makes the
first
personal
contact with
the
property owner, or his representative,
and furnishes
him with a written
offer to purchase the real property.
1.11
Date
of Initiation
of
Negotiations for the Project
This phrase means the date the public entity makes the first
personal contact with the owner of any property in the project, or his
representative, where price is discussed except where such contact is
made solely for protective buying or because of hardship.
1.12 Date of Intent to Acquire
"Intent to acquire" means the public acknowledgement by the
Public entity of their intention and/or plan to obtain specified parcels
for a specific purpose (project).
"Date of intent to acquire" means the date on which the public
entity sends through certified mail to, or makes personal contact with,
the owner of each parcel, or advertises in a local paper of general
circulation that a specific project is intended to be developed and
specified parcels therein are intended to be acquired. Upon the date of
intent to acquire, parcels may be acquired through hardship.
1.13 Director
Director of Public Services of the City of Costa Mesa.
1.14 Displaced Person
"Displaced person" means any person who moves from real property
or who moves his personal property from real property as a result of the
acquisition of such real property, in whole or in part, or as the result
of a written order from the public entity to vacate the real property
for public use.
1.15 Dwelling
A single-family building, a single-family unit (including a
non -housekeeping unit) in a two-family or multi -family building, a unit
of a condominium or cooperative housing project, a mobile home, or other
residential unit.
1.16 Economic Rent
The amount of gross rent the displaced tenant would have had
to pay for a similar unit in an area not generally less desirable than
the dwelling unit to be acquired. (Gross rent is contract rent, plus
cost of utilities to tenant, over and above contract rent.)
1.17 Effective Rate of Interest
"Effective rate of interest" means the annual percentage rate
paid on the debt of a mortgage as a result of including debt service
charges in the total interest to be paid on the mortgage debt, as an
incident to the extension of credit, when such debt service charges are
normal to the market.
1.18 Eligible Person
"Eligible person" means any displaced person who is, or becomes,
lawfully entitled to any monetary relocation payment under these regula-
tions. The major requirements for eligibility are:
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a>34
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1. Occupancy at the time of the first written offer.
2. Acquisition of the property by public entity.
3. People or property are moved.
1.19 Family
The term "family" means two or more individuals, one of whom
is the head of a household, plus all other individuals, regardless of
blood or legal ties who live with and are considered a part of the
family unit. Where two or more individuals occupy the same dwelling
with no identifiable head of household, they shall be treated as one
family for replacement housing payment purposes.
1.20 Federal Project
"Federal Project" means any direct Federal project, or any
project receiving Federal financial assistance.
1.21 Hardship
"Hardship" means the acquisition of real property by the
public entity for a public use prior to the date of initiation of
negotiations for the project.
1.22 Incidental Expenses
Reasonable expenses incurred for evidence of title, recording,
fees, and other closing costs on the purchase of a replacement dwelling.
1.23 Gross Income
Projected annual income from all sources of each member of the
family residing in the household who is at least 18 years of age.
a. Adjusted Gross Income
1. A deduction of five percent of gross income,
except that the deduction shall be ten percent in
the case of a family head who is elderly;
2. A deduction for extraordinary medical expenses
where not compensated for or covered by insurance,
defined for this purpose to mean medical expense
in excess of three percent of gross income;
3. A deduction of amounts for unusual occupational
expenses not compensated for by the employer, such
as special tools and equipment, but only to the
extent by which such expenses exceed normal and
usual expenses incidental to employment;
4. A deduction of amounts paid by the family for the
care of children or sick or incapacitated family
members when determined to be necessary to employ-
ment of the head or spouse, provided the amount
deducted does not exceed the amount of income
received by the family member thus released;
5. An exemption of $300.00 for each dependent, i.e.,
each minor (other than the head or spouse) and for
each adult (other than the head or spouse) dependent
upon the family for support;
6. Any nonrecurring income, or income of full-time
students.
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1.24 Mobile Home
"Mobile home" means a vehicle, other than a motor vehicle,
designed or used for human habitation, for carrying persons and property
on its own structure, and for being drawn by a motor vehicle.
1.25 Monthly Gross Income
"Monthly gross income" means the total monthly income of a
family or individual irrespective of expenses and voluntary or invol-
untary deductions and includes, but is not limited to salaries, wages,
tips, commissions, rents, royalties, dividends, interest, profits,
pensions, and annuities.
1.26 Mortgage
"Mortgage" means such classes of liens as are commonly given
to secure advances on, or the unpaid purchase price of, real property,
together with the credit instruments, if any, secured thereby.
1.27 Moving Expense
"Moving expense" means the cost of dismantling, disconnecting,
crating, loading, insuring, temporary storage, transporting, unloading,
and reinstalling of personal property, including service charges in
connection with effecting such reinstallations, and necessary temporary
lodging and transportation of eligible persons. Moving expense shall
not include:
a. Any addition, improvement, alteration, or other physical
change in or to any structure in connection with effect-
ing removal of personal property from, or reinstallation
in such structure;
b. The cost of construction or improvement at the new
location to replace property for which compensation was
paid in the acquisition;
C. Any loss of, or damage to, personal property caused by
the fault or negligence of the displaced person, his
agent, or employee in the process of moving where insur-
ance to cover such loss or damage is or was available;
d. Any payment for moving personal property where such
property is purchased as part of the acquisition;
e. Additional expenses incurred because of living in a new
location;
f. Cost of moving structures, improvements, or other real
property in which the displaced person reserved owner-
ship;
g. Improvements to the replacement site;
h. Interest on loans to cover moving expenses;
I. Loss of goodwill;
j. Loss of business or profits;
k. Loss of trained employees;
1. Personal injury;
M. Cost of preparing the application for moving and related
expenses;
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MG
n. Modification of personal property to adapt it to re-
placement site.
1.28 Nonprofit Organization
"Nonprofit organization" means a corporation, partnership,
individual or other public or private entity, engaged in a business,
professional or instructional activity on a nonprofit basis, necessitating
fixtures, equipment, stock in trade, or other tangible property for the
carrying on of the business, profession, or institutional activity on
the premises.
1.29 Owner
A person 'owns a dwelling" if he:
a. Holds fee title, a life estate, a 99 -year lease, or a
lease with not less than 50 years to run from date of
acquisition of the property for the project.
I. Holds an interest in a cooperative housing project which
includes the rights of occupancy of a dwelling unit
therein.
C. Is the contract purchaser of any of the foregoing estates
or interests.
d. Has a leasehold interest with an option to purchase; or
e. Owns a mobile unit which under State law is determined to
be real property, not personal property.
Also, the tenure of ownership, not occupancy, or the succeeding
owner, shall include the tenure of the preceding owner.
1.30 Person
Person means any individual, partnership, corporation, or
association.
1.31 Personal Property (Tangible Personal Property)
Tangible property which is situated on the real property
vacated or to be vacated by a displaced person and which is considered
personal property and is noncompensable (other than for moving expenses)
under the State law of eminent domain; and
In the case of a tenant, fixtures and equipment, and other
property which may be characterized as real property under State or
local law, but which the tenant may lawfully, and at his election
determines to move, and for which the tenant is not compensated in the
real property acquisition. In the case of an owner of real property,
the determination as to whether an item of property is personal or real
shall depend upon how it is identified in the acquisition appraisals and
the closing or settlement statement with respect to the real property
acquisitions; provided that no item of property which is compensable
under State and local law to the owner of real property in the real
property acquisition may be treated as tangible personal property in
computing actual direct losses of tangible personal property.
1.32 Prepaid Expenses
"Prepaid expenses" means items paid in advance by the seller
of real property and prorated between such seller and the buyer of such
real property at the close of escrow including, but not limited to, real
property taxes, for insurance, homeowners association dues, and assess-
ment payments.
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33'y
1.33 Protective Buying
"Protective buying" means the acquisition of real property by
the public entity for a public use prior to the date of initiation of
negotiations for the project.
1.34 Public Entity
"Public entity" means the City of Costa Mesa.
1.35 Public Use
"Public use" means a use for which real property may be
acquired by eminent domain.
1.36 Purchases (Re: Replacement Housing)
a. The acquisition, construction, or rehabilitation of a
dwelling, the purchase and rehabilitation of a substand-
ard dwelling, the relocation or relocation and rehabili-
tation of an existing dwelling, or the entering into a
contract to purchase, or for the construction of, a
dwelling to be constructed on a site to be provided by a
builder or developer or on a site which the displaced
person owns or acquires for such purpose. Where comple-
tion of construction, rehabilitation, or relocation of a
replacement dwelling is delayed, for reasons beyond
control of the displaced person, beyond the date by which
occupancy is required under this paragraph;
b. The public entity may determine the date of occupancy to
be the date the displaced person enters into a contract
for such construction, rehabilitation, or relocation, or
for the purchase upon completion, of a dwelling to be
constructed or rehabilitated if, in fact, the displaced
person occupies the replacement dwelling when the con-
struction of rehabilitation is completed.
Mobile homes must be registered with the California Department
of Motor Vehicles in the name of the claimant.
1.37 Relocates
"Relocates" means any person who meets the definition of a
displaced person.
1.38 Stated Mortgage Interest Rate
"Stated mortgage interest rate" means the annual percentage
rate to be paid, or the debt of a mortgage as set forth in the mortgage
or other credit instrument.
2. GENERAL
2.1 Purpose and Coverage
a. These regulations and procedures implementing Chapter 16,
Sections 7260 et seq. of the Government Code Relocation
Assistance, referred to as the Act, are to assure a
uniform policy for the fair and equitable treatment of
persons displaced by programs of the public entity. All
references in these Regulations and Procedures to sec-
tions or subsections are references to sections or
subsections of the Act.
b. In the event of any conflict between these guidelines and
the provisions of the Act, or any other applicable law,
the statutory provisions are controlling.
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338
It is the intent of the guidelines to establish minimum
requirements for relocation assistance payments by the
public entity. These guidelines shall not be construed
to limit any other authority which the public entity may
have to make other relocation assistance payments, or to
make any relocation assistance payment in an amount which
exceeds the maximum amount for such payment authorized by
this chapter.
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d. The public entity may also make any other relocation
assistance payment, or may make any relocation assistance
payment in an amount which exceeds the maximum amount for
such payment authorized by these guidelines, if the
making of such payment, or the payment in such amount, is
required under Federal law to secure Federal funds.
e. No project shall be advertised for construction or devel-
opment until each displaced person has either himself
obtained, or has the right of possession to, an adequate
replacement dwelling, or the public entity has offered
him an adequate replacement dwelling which is available
for immediate occupancy.
2.2 General Consideration
a. The public entity instructs its officials responsible for
programs under this Act that:
1. A written notice of displacement must be given by
the public entity to each individual, family, or
business to be displaced. Such notice shall be
served personally or by certified (or registered)
first-class mail.
2. In order to qualify for benefits under the Act as a
displaced person, either of two conditions must be
fulfilled:
(a) The person must have moved (or moved his
personal property) as a result of the receipt
of a written notice to vacate, which notice may
have been given before or after initiation of
negotiations for acquisition of the property.
(When negotiations are initiated prior to
issuance of a written notice, all persons
contacted by the public entity should be
advised that the benefits of the Act are
available only when the person moves subsequent
to receipt of a written notice;) or
(b) The subject real property must in fact have
been acquired, in whole or in part, and the
person must have moved as a result of its
acquisition.
3. In addition, certain of the benefits provided by the
Act are available as follows:
(a) Whenever the acquisition of, or notice to move
from, real property used for a business oper-
ation causes any person to move from other real
property used for his dwelling, or to move his
personal property from such other real property,
such person shall receive the benefits provided
by Sections 7261 and 7262 (a) and (b).
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(b) If the Director determines that any person
occupying property immediately adjacent to the
real property acquired, is caused substantial
economic injury because of the acquisition, he
may offer such person relocation advisory
services under Section 7261.
4. For real property acquisitions under State law,
contracts or options to purchase real property shall
not incorporate provisions for making payments for
relocation costs and related items in the Act.
Appraisers shall not give consideration to or include
in their real property appraisals any allowances for
the benefits provided by the Act. In the event of
condemnation with a declaration of taking, the
estimated compensation shall be determined solely on
the basis of the appraised value of the real property
with no consideration being given to or reference
contained therein to the payments to be made under
the Act.
5. Applications for benefits under the Act are to be
made within 18 months from the date on which the
displaced person moves from the real property
acquired or to be acquired; or the date on which the
public entity makes final payment of all costs of
that real property, whichever is the later date.
The Director may extend this period upon a proper
showing of good cause.
6. The provisions of the Act apply to the acquisition
of all real property for, and the relocation of all
persons displaced by projects or programs undertaken
by the public entity, regardless of the source of
funds.
2.3 Occupants of Excess Land
Occupants of excess land are only entitled to relocation
benefits if the public entity determines that the use and enjoyment of
the property is changed to such a degree as to make it undesirable for
continued occupancy by the occupant who was in possession at the date of
the first written offer or Notice of Intent to Acquire. This section,
as in all sections, is subject to the Request for Review as outlined in
Section 9-4 of these Procedures.
2.4 Review of Activities for Compliance with the Act
The Director shall provide for periodic review of all programs
to insure compliance with the provisions of the Act.
2.5 Public Information
The Director must make available to the public full informa-
tion concerning the public entity's relocation programs and he shall
insure that persons to be displaced are fully informed, at the earliest
possible time, of such matters as available relocation payments and
assistance; the specific plans and procedures for assuring that suitable
replacement housing will be available for homeowners and tenants, in
advance of displacement; the eligibility requirements and procedures for
obtaining such payments and assistance; and the right of administrative
review by the Director.
3. ASSURANCE OF ADEQUATE REPLACEMENT
HOUSING PRIOR TO DISPLACEMENT
3.1 Assurance of Availability
Availability
The public entity shall not proceed with any phase of a
project which will cause the displacement of any person
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340
until the public entity has determined that within a
reasonable period of time prior to displacement, there
will be available on a basis consistent with the re-
quirements of Title VIII of the Civil Rights Act of 1968
(P.L. 90284), in areas not generally less desirable in
regard to public utilities and public and commercial
facilities, and at rents or prices within the financial
means of the families and individuals displaced, decent,
safe, and sanitary dwellings, equal in number to the
number of, and available to, such displaced persons who
require such dwellings and reasonably accessible to their
places of employment.
Support
The determination should be based on a current survey and
analysis of available replacement housing by the public
entity. Such survey and analysis must take into account
the competing demands on available housing.
C. Waiver
Pursuant to Section 7261 (c) (3) of the Act, the Director
may prescribe situations where the determination described
in Paragraph 3.1.a may be waived. These should be limited
only to emergency or other extraordinary situations where
immediate possession of real property is of crucial
importance. Each waiver of assurance of replacement
housing shall be supported by appropriate findings and a
determination of the necessity for the waiver.
�Im
d. Standards for Decent, Safe, and Sanitary Dwellings
1. A decent, safe, and sanitary dwelling is one which
meets all of the following minimum requirements.
Adjustments may be made only in the cases of unusual
circumstances or in unique geographic areas.
(a) Conforms with all applicable provisions for
existing structures that have been established
under State or local building, plumbing,
electrical, housing, and occupancy codes and
similar ordinances or regulations.
(b) Has a continuing and adequate supply of potable
safe water.
(c) Has a kitchen or an area set aside for kitchen
use which contains a sink in good working
condition and connected to hot and cold water,
and an adequate sewage system. A stove and
refrigerator in good operating condition shall
be provided when required by local code,
ordinances, or custom. When these facilities
are not so required by local codes, ordinances,
or custom, the kitchen area or area set aside
for such use shall have utility service connec-
tions and adequate space for the installation
such facilities.
Eof
(d) Has an adequate heating system in good working
L
order which will maintain a minimum temperature
of 70 degrees in the living area, excluding
bedrooms, under local outdoor design tempera-
ture conditions. A heating system will not be
required in those geographical areas where such
is not normally included in new housing.
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(e) Has a bathroom, well -lighted, and ventilated,
and affording privacy to a person within it,
containing a lavatory basin and a bathtub or
stall shower, properly connected to an adequate
supply of hot and cold running water, and a
flush closet, all in good working order and
properly connected to a sewage disposal system.
(f) Has an adequate and safe wiring system for
lighting and other electrical services.
(g) Is structurally sound, weathertight, in good
repair, and adequately maintained.
(h) Each building used for dwelling purposes shall
have a safe unobstructed means of egress
leading to safe open space at ground level.
Each dwelling unit in a multi -dwelling building
must have access either directly or through a
common corridor to a means of egress to open
space at ground level. In multi -dwelling
buildings of three stories or more, the common
corridor on each story must have at least two
means of egress.
(i) Has 150 square feet of habitable floor space
for the first occupant in a standard living
unit and at least 100 square feet of habitable
floor space for each additional occupant. The
floor space is to be subdivided into sufficient
rooms to be adequate for the family. All rooms
must be adequately ventilated. Habitable floor
space is defined as that space used for sleep-
ing, living, cooking, or dining purposes, and
excludes such enclosed places as closets,
pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries, and unfinished
attics, foyers, storage space, cellars, utility
rooms, and similar spaces.
2. A decent, safe, and sanitary. sleeping room is one
which includes the minimum requirements contained in
Paragraph 1, subparagraphs (b), (d), (e), (f), (g),
and (h) of this section, and the following:
(a) At least 100 square feet of habitable floor
space for the first occupant and 50 square feet
of habitable floor space for each additional
occupant.
(b) Lavatory, bath, and toilet facilities that
provide privacy, including a door that can be
locked if such facilities are separate from the
room.
A decent, safe, and sanitary mobile home is one
which includes the minimum requirements contained in
Paragraph 1, subparagraphs (b), (c), (d), (e), (f),
(g), (h), and (i) of this section, except that it
may have 70 square feet of habitable floor space for
each additional occupant and the following:
(a) Bears the insignia of approval issued by the
State of California, Department of Housing and
Community Development, pursuant to the Cali-
fornia Health and Safety Code, except those
manufactured prior to September 1, 1958.
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3.2 Housing Provided as a Last Resort
When it is determined that adequate replacement housing is not
available, and cannot otherwise be made available, the Director may take
action to develop replacement housing. Such action for replacement
housing will be guided by the criteria and procedures issued by the
Secretary of Housing and Urban Development in accordance with the provi-
sion concerning Section 206(a) of the Uniform Relocation Assistance and
Land Acquisition Policies Act of 1970 (P.L. 91-646).
4. MOVING AND RELATED EXPENSES
4.1 Eligibility
a. Any displaced person (including one who conducts a
business) is eligible to receive a payment for moving
expenses. A person who lives on his business property
may be eligible for both moving and related expenses as a
dwelling occupant in addition to be eligible for payments
with respect to displacement from a business.
b. Any person who moves from real property or moves his
personal property from real property: (1) as a result of
the acquisition of such real property in whole or part,
or, (2) as a result of a written notice of the Public
Entity to vacate real property, or (3) as a result of
written notice of the Public Entity to vacate other real
property on which such person conducts a business, is
eligible to receive a payment for moving expenses.
4.2 Actual
Reasonable Expenses in Moving
a. Allowable
Moving Expenses
1.
Transportation of individuals, families, and personal
property from the acquired site to the replacement
site, not to exceed a distance of 50 miles, except
where the Public Entity determines that relocation
beyond this 50 -mile area is justified.
2.
Packing and unpacking, crating and uncrating of
personal property.
3.
Advertising for packing, crating, and transportation
when the Public Entity determines that it is neces-
sary.
4.
Storage of personal property for a period generally
not to exceed six months when the Public Entity
determines that storage is necessary in connection
with relocation.
5.
Insurance premiums covering loss and damage of
personal property while in storage or transit.
6. Removal, reinstallation, re-establishment, including
such modification as deemed necessary by the Public
Entity of, and reconnection of utilities for,
machinery, equipment, appliances, and other items
not acquired as real property. Prior to payment of
any expenses for removal and reinstallation of such
property, the displaced person shall be required to
agree in writing that the property is personal and
that the Public Entity is released from any payment
for the property.
7. Property lost, stolen, or damaged (not caused by the
fault or negligence of the displaced person, his
agent, or employees) in the process of moving, where
insurance to cover such loss or damage is not
available.
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4.3
b. Limitations
1. When the displaced person accomplishes the move
himself, the amount of payment shall not exceed the
estimated cost of moving commercially, unless the
Director determines a greater amount is justified.
2. When an item of personal property which is used in
connection with any business is not moved but sold
and promptly replaced with a comparable item,
reimbursement shall not exceed the replacement cost
minus the proceeds received from the sale, or the
estimated costs of moving, whichever is less.
3. When personal property which is used in connection
with any business to be moved is of low value and
high bulk, and the cost of moving would be dispro-
portionate in relation to the value, in the judgment
of the Director, the reimbursement for the expense
of moving the personal property shall not exceed the
difference between the amount which would have been
received for such item on liquidation and the cost
of replacing the same with a comparable item avail-
able on the market. This provision will be applicable
in the case of moving of junk yards, stockpiled
sand, gravel, minerals, metals, and similar type
items of personal property.
4. If the cost of moving or relocating an outdoor
advertising display or displays is determined to be
equal to or in excess of the in-place value of the
display, consideration should be given to acquiring
such display, or displays, as a part of the real
property, unless such acquisition is prohibited by
State law. !
Nonallowable Moving Expenses and Loses J
a. Additional expenses incurred because of living in a new
location.
b. Cost of moving structures or other improvements in which
the displaced person reserved ownership except as other-
wise provided by law.
C. Improvements to the replacement site, except when required
by law.
d. Interest on loans to cover moving expenses.
e. Loss of good will.
I. Loss of profits.
g. Loss of trained employees.
h. Personal injury.
I. Cost of preparing the application for moving and related
expenses.
j. Payment for search cost in connection with locating a
replacement dwelling.
Expenses in Searching for Replacement Business
a. Allowable
1. Actual travel costs.
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344
2. Extra costs for meals and lodging.
3. Time spent in searching at the rate of the displaced
person's salary or earnings, but not to exceed
$10.00 per hour.
4. In the discretion of the Public Entity, necessary
broker, real estate, or other professional fees to
locate a replacement business.
4.5 Actual Direct Losses by Business Operation
When the displaced person does not move personal property, he
should be required to make a bona fide effort to sell it, and should be
reimbursed for the reasonable costs incurred.
a. When the business is discontinued, the displaced person
is entitled to the difference between the fair market
value of the personal property for continued use at its
location prior to displacement, and the sale proceeds, or
the estimated costs of moving 50 miles, whichever is
less.
I. When the personal property is abandoned, the displaced
person is entitled to payment for the fair market value
of the property for continued use at its location, prior
to displacement, or the estimated cost of moving 50
miles, whichever is less.
C. The cost of removal of the personal property shall not be
considered as an offsetting charge against other payments
to the displaced person.
5. PAYMENTS IN LIEU OF MOVING
AND RELATED EXPENSES
5.1 Dwellings - Schedules
a. Section 7262(b) provides that at the option of the dis-
placed person, he may receive a moving expense allowance
not to exceed $300.00 based on schedules established by
the Director. Moving allowance schedules maintained by
the California Department of Transportation shall be used
as the basis for the Public Entity's schedules. Io
addition, a displaced person shall receive a dislocation
allowance of $200.00.
b. A displaced person who elects to receive a payment based
on a schedule shall be paid under the schedule used in
the jurisdiction in which the displacement occurs,
regardless of where he relocates.
5.2 Businesses - Eligibility
a. A person displaced from his business as defined in Section
7260(d) is eligible under Section 7262(c) to receive a
fixed payment in lieu of moving and related expenses.
Care must be exercised in each instance, however, to
assure that such payments are made only in connection
with a bona fide business. For the purposes of these
regulations, a bona fide business is defined as a business
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I. Limitation
The total amount a displaced person may be
paid for
searching expenses may not
exceed $500.00,
unless the
Director determines that a
greater amount
is justified,
based on the circumstances
involved.
4.5 Actual Direct Losses by Business Operation
When the displaced person does not move personal property, he
should be required to make a bona fide effort to sell it, and should be
reimbursed for the reasonable costs incurred.
a. When the business is discontinued, the displaced person
is entitled to the difference between the fair market
value of the personal property for continued use at its
location prior to displacement, and the sale proceeds, or
the estimated costs of moving 50 miles, whichever is
less.
I. When the personal property is abandoned, the displaced
person is entitled to payment for the fair market value
of the property for continued use at its location, prior
to displacement, or the estimated cost of moving 50
miles, whichever is less.
C. The cost of removal of the personal property shall not be
considered as an offsetting charge against other payments
to the displaced person.
5. PAYMENTS IN LIEU OF MOVING
AND RELATED EXPENSES
5.1 Dwellings - Schedules
a. Section 7262(b) provides that at the option of the dis-
placed person, he may receive a moving expense allowance
not to exceed $300.00 based on schedules established by
the Director. Moving allowance schedules maintained by
the California Department of Transportation shall be used
as the basis for the Public Entity's schedules. Io
addition, a displaced person shall receive a dislocation
allowance of $200.00.
b. A displaced person who elects to receive a payment based
on a schedule shall be paid under the schedule used in
the jurisdiction in which the displacement occurs,
regardless of where he relocates.
5.2 Businesses - Eligibility
a. A person displaced from his business as defined in Section
7260(d) is eligible under Section 7262(c) to receive a
fixed payment in lieu of moving and related expenses.
Care must be exercised in each instance, however, to
assure that such payments are made only in connection
with a bona fide business. For the purposes of these
regulations, a bona fide business is defined as a business
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enterprise with a current business license issued by the
City of Costa Mesa.
b. Those businesses described in Section 7260 (4) are not
eligible under Section 7262(c) for a payment in lieu of
moving and related expenses.
C. Where a displaced person is displaced from his place of
business, no payment shall be made under Section 7262 (c)
until the Director determines: (1) that the business is
not part of a commercial enterprise having at least one
other establishment not being acquired, which is engaged
in the same or similar business, and (2) that the busi-
ness cannot be relocated without a substantial loss of
existing patronage. The determination of loss of exist-
ing patronage shall be made by the Public Entity only
after consideration of all pertinent circumstances,
including but not limited to, the following factors:
1. The type of business conducted by the displaced
concern.
2. The nature of the clientele of the displaced con-
cern.
3. The relative importance of the present and proposed
location to the displaced business and the availa-
bility of a suitable replacement location for the
displaced person.
5.3 Nonprofit Organizations
Where a nonprofit organization is displaced, no payment shall
be made under Section 7262 (c) until the Director determines: 11
a. That the nonprofit organization cannot be relocated J
without a substantial loss of its existing patronage. The
term "existing patronage" as used in connection with
nonprofit organizations includes the persons, community,
or clientele served or affected by the activities of the
nonprofit organization.
b. That the nonprofit organization is not part of a commer-
cial enterprise having at least one other establishment
not being acquired which is engaged in the same or
similar activity.
5.4 Net Earnings
The term "average annual net earnings" as used in Section 7262
(c) means one-half of any net earnings of the business before Federal,
State, and local income taxes during the two taxable years immediately
preceding the taxable year in which such business moves from the real
property acquired for such project, or during such other period as the
head of the displacing agency determines to be more equitable for
establishing such earnings, and includes any compensation paid by the
business to the owner, his spouse, or his dependents during such period.
If a business has no net earnings, or has suffered losses during the
period used to compute "average annual net earnings" it may, neverthe-
less, receive the $2,500.00 minimum payment authorized by such Section.
5.5 Amount of Business Fixed Payment
The fixed payment to a person displaced from his place of
business, including nonprofit organizations, shall be in an amount equal
to the average annual net earnings of the business except that such
payment shall not be less than $2,500.00 nor more than $10,000.00.
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0U6
6. REPLACEMENT HOUSING PAYMENT FOR HOMEOWNERS
6.1 Eligibility
a. A displaced owner -occupant is eligible for a replacement
housing payment authorized by Section 7263, not to exceed
$15,000.00, if he meets both of the following require-
ments:
1. Actually owned and occupied the acquired dwelling
from which displaced for not less than 180 days
prior to the initiation of negotiations for the
property. The term "initiation of negotiations"
means the day on which the Public Entity makes the
first personal contact with the property owner or
his representative and furnishes him with a written
offer to purchase the real property.
2. Purchases and occupies a replacement dwelling which
is decent, safe, and sanitary, not later than the
end of the one-year period beginning on the date on
which he receives from the Public Entity the final
payment of all costs of the acquired dwelling, or on
the date on which he moves from the acquired dwell-
ing, whichever is the later date.
b. A displaced owner -occupant of a dwelling who is determined
to be ineligible under this Chapter may be eligible for a
replacement housing payment under Chapter 7.
6.2 Comparable Replacement Dwelling
For the purposes of rendering relocation assistance by making
referrals for replacement housing and for computation of the replacement
housing payment, a comparable replacement dwelling is one which is
■L decent, safe, and sanitary, and:
a. Functionally equivalent and substantially the same as the
acquired dwelling, but not excluding newly -constructed
housing.
b. Adequate in size to meet the needs of the displaced
family or individual. However, at the option of the
displaced person, a replacement dwelling may exceed his
needs when the replacement dwelling has the same number
of rooms, or the equivalent square footage as the dwell-
ing from which he was displaced.
C. Open to all persons regardless of race, color, religion,
or national origin, consistent with the requirements of
the Civil Rights Act of 1964 and Title VIII of the Civil
Rights Act of 1968.
d. Located in an area not generally less desirable than the
one in which the acquired dwelling is located with
respect to:
1. Neighborhood conditions, including but not limited
to municipal services and other environmental
factors.
2. Public utilities, and
3. Public and commercial facilities.
e. Reasonably accessible to the displaced person's place of
employment or potential place of employment.
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f. Within the financial means of the displaced family or
individual.
g. Available on the market to the displaced person.
h. If housing meeting the requirements of Paragraph 6.2 is
not available on the market, the Director may, upon a
proper finding of the need therefor, consider available
housing exceeding these basic criteria.
6.3 Comp Cation of Replacement Housing Payment
The replacement housing payment of not more than $15,000.00
comprises the following:
a. Differential Payments for Replacement Housing
The Director may determine the amount which, if any, when
added to the acquisition cost of the dwelling acquired by
the Public Entity, is necessary to purchase a comparable
replacement dwelling by either establishing a schedule or
by using a comparative method.
1. Schedule Method
The Public Entity may establish a schedule of rea-
sonable acquisition costs for comparable replacement
dwellings of the various types of dwellings to be
acquired and available on the private market. The
schedule shall be based on a current market analysis
sufficient to support determinations of the amount
for each type of dwelling to be acquired.
2. Comparative Method
The Public Entity may determine the price of a
comparable replacement dwelling by selecting a
dwelling or dwellings more representative of the
dwelling unit acquired, available to the displaced
person, and which meets the definition of comparable
replacement dwelling. A single dwelling shall be
used only when additional comparable dwellings are
not available.
3. Alternate Method
The Director may develop criteria for computing
replacement housing payments when neither the
schedule method nor the comparative method is
feasible.
4. Limitations
The Amount established as the differential payment
for the replacement housing sets the upper limit of
this payment.
(a) If the displaced person voluntarily purchases
and occupies a decent, safe, and sanitary
dwelling at a price less than the above, the
comparable replacement housing payment will be
reduced to that amount required to pay the
difference between the acquisition price of the
acquired dwelling and the actual purchase price
of the replacement dwelling.
(b) If the displaced person voluntarily purchases
and occupies a decent, safe, and sanitary
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J
j
X48
- 18 -
dwelling at a price less than the acquisition
price of the acquired dwelling, no differential
payment shall be made.
b. Interest Payment
The Director shall determine the amount, if any, neces-
sary to compensate a displaced person for any increased
interest costs, including points paid by the purchaser.
Such amount shall be paid only if the acquired dwelling
was encumbered by a bona fide mortgage. The following
shall be considered:
1. The payment shall be equal to the excess in the
aggregate interest and other debt service costs of
that amount of the principal of the mortgage on the
replacement dwelling which is equal to the unpaid
balance of the bona fide mortgage on the acquired
dwelling, at the time of acquisition, over the
remainder term of the mortgage on the acquired
dwelling, reduced to discounted present value.
2. The discount rate shall be the prevailing interest
rate paid on savings deposits by commercial banks in
the general area in which the replacement dwelling
is located.
3. A "bona fide mortgage" is one which was a valid lien
on the acquired dwelling for not less than 180 days
prior to the initiation of negotiations.
C. Incidental Expenses
1. The Director shall determine the amount, if any,
necessary to reimburse a displaced person for actual
costs incurred by him incident to the purchase of
the replacement dwelling (but not including prepaid
expenses) such as:
(a) Legal, closing, and related costs, including
title search, preparing conveyance instruments,
notary fees, surveys, preparing plats, and
charges incident to recordation.
(b) Lenders', FHA, or VA appraisal fees.
(c) FHA application fee.
(d) Certification of structural soundness when
required by lender, FHA, or VA.
(e) Credit report.
(f) Title policies or abstracts of title.
(g) State revenue stamps or sale or transfer taxes.
2. No fee, cost, charge, or expense is reimbursable
which is determined to be a part of the finance
charge under the Truth in Lending Act, Title I,
Public Law 90-321, and Regulation "Z" (12 CFR, Part
226) issued pursuant thereto by the Board of Governors
of the Federal Reserve System. Loan service fee
(not to exceed one percent) and origination or
discount points are an eligible expense if such fees
are normal to real estate transactions in the area.
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MOBILE HOMES
6.4 Acquisition of Mobile Homes
The Public Entity may purchase mobile homes where:
1. The structural condition of the mobile home is such that
it cannot be moved without substantial damage or unrea-
sonable cost: or
2. The mobile home is not considered to be a decent, safe,
and sanitary dwelling unit as defined in Section 3.1 (d)
of these Regulations.
6.5 Partial Acquisition of Mobile Home Park
Where the Public Entity determines that a sufficient portion
of a mobile home park is taken to justify the operator of such park to
move his business, or go out of business, the owners and occupants of
the mobile home dwellings not within the actual taking, but who are
forced to move, shall be eligible to receive the same payments as
though their dwellings were within the actual taking.
6.6 Mobile Homes as Replacement Dwellings
A mobile home may be considered a replacement dwelling pro-
vided:
1. The mobile home meets standards of decent, safe, and
sanitary housing;
2. The mobile home is placed in a fixed location:
(a) In a mobile home park which is licensed and oper-
ating under State law; or
(b) In a mobile home subdivision wherein the displaced
person owns the lot on which the mobile home is
placed; or
(c) On real property owned or leased by the displaced
person in other than a mobile home subdivision,
provided such placement is in accordance with State
and local laws or ordinances, and provided such
placement was made under permit from the State or
local Public Entity.
6.7 Computation on Next Highest Type
When a comparable mobile home is not available, it will be
necessary to calculate the replacement housing payment on the basis of
the next highest type of dwelling that is available and meets the
applicable requirements and standards, i.e., a higher type mobile home
or a conventional dwelling.
1. "Not available" as used in this subsection includes, but
is not limited to, those cases where mobile homes cannot
be relocated in mobile home parks within a reasonable
distance from the place of dislocation because of lack of
available spaces, or because of the standards and rules
of the mobile home parks where spaces are available.
6.8 General Provisions
The general provisions for moving expenses and replacement
housing payments of these Regulations are also applicable to owners and
tenants of mobile homes.
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0
6.9 Moving Expenses for Mobile Homes
a. General
The eligibility requirements of Section 4, and the pro-
visions of Sections 6 and 7 of these Regulations, are
applicable to owners and occupants displaced from a
mobile home.
7. REPLACEMENT HOUSING PAYMENTS FOR
TENANTS AND CERTAIN OTHERS
7.1 Eligibility
a. A displaced tenant or owner -occupant of a dwelling for
less than 180 days is eligible for a replacement housing
payment not to exceed $4,000.00 as authorized by Section
7264, if he meets both of the following requirements:
1. Actually occupied the dwelling for not less than 90
days prior to the initiation of negotiations for
acquisition of the property. The term "initiation
of negotiations" means the day on which the Public
Entity makes the first personal contact with the
property owner, or his representative, and furnishes
him with a written offer to purchase the real pro-
perty. Tenants and other persons occupying the
property shall be advised by the Public Entity when
negotiations for the property are initiated with the
owner thereof.
2. Is not eligible to receive a payment under Section
7263.
b. An owner -occupant of a dwelling for not less than 180
days prior to the initiation of negotiations is eligible
for a replacement housing payment as a tenant as author-
ized by Section 7264, when he rents a decent, safe, and
sanitary replacement dwelling instead of purchasing and
occupying a replacement dwelling which is decent, safe,
and sanitary, not later than the end of the one-year
period, beginning on the date on which he receives from
the Public Entity final payment for all costs for the
acquired dwelling, or on the date on which he moves from
the acquired dwelling, whichever is the later date.
7.2 Computation of Replacement Housing Payments for Displaced
Tenants
A displaced tenant is eligible for a rental replacement
housing payment, not to exceed $4,000.00, which shall be determined by
substracting from the amount which the tenant actually pays for a re-
placement dwelling, or, if lesser, the amount determined by the State as
necessary to rent a comparable dwelling; or, if he purchases replacement
housing within one year from displacement, he is eligible for a down
payment including expenses incidental to closing, not to exceed $4,000.00.
Rental Replacement Housing Payment
The Director concerned may determine the amount necessary
to rent a comparable replacement dwelling by either
establishing a schedule or by using a comparative method.
Schedule Method
The Public Entity may establish a rental schedule
for renting comparable replacement dwellings as
described in Paragraph 6.2 of these Regulations, and
which are available in the private market for the
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.1150
various types of dwellings to be acquired. The
payment shall be computed by determining the amount
necessary to rent a comparable replacement dwelling
for four years (the average monthly cost from the
schedule) and subtracting from such amount forty-
eight (48) times the average month's rent paid by
the displaced tenant in the last three months prior
to initiation of negotiations, if such rent was
reasonable. When circumstances warrant, the Public
Entity may use economic rather than actual rent paid
by the displaced tenant. For purposes of these
Regulations, economic rent is defined as the amount
of rent the displaced tenant would have had to pay
for a comparable dwelling unit in an area similar to
the neighborhood in which the dwelling unit to be
acquired is located. The schedule should be based
on current analysis of the market to determine the
amount for each type of dwelling required.
2. Comparative Method
The Public Entity may determine the average month's
rent by selecting one or more dwellings most repre-
sentative of the dwelling unit acquired which is
available to the displaced person and meets the
definition of a comparable replacement dwelling, as
described in Paragraph 6.2 of these Regulations.
The payment should be computed by determining the
amount necessary to rent a comparable replacement
dwelling for four years and subtracting from such
amount forty-eight (48) times the average month's
rent paid by the displaced tenant in the last three
months prior to the initiation of negotiations, if
such rent was reasonable.
3. Exceptions
The Director may establish the average month's rent
paid by the displaced person by using more than
three months if he deems it advisable. If rent is
being paid to the Public Entity, economic rent shall
be used in determining the amount of the payment to
which the displaced tenant is entitled.
Alternate to 1 and 2 Above
When neither method is feasible, the Director shall
develop criteria for computing the payment.
Disbursement of Rental Replacement Housing Payment
The Director should develop procedures to implement
Section 7264 to provide, within the $4,000.00 and
four-year limitations of such section, a rental
replacement housing payment that will enable the
displaces to rent comparable decent, safe, and
sanitary housing. The Public Entity shall determine
the manner of disbursement, that is, lump sum pay-
ment, and/or annual installments, or monthly payments.
b. Purchases - Replacement Housing Payment
If the tenant elects to purchase instead of rent, the
payment shall be computed by determining the amount
necessary to enable him to make a down payment and to
cover incidental expenses on the purchase of replacement
housing as follows:
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352
1. The down payment shall be the amount necessary to
make a down payment on a comparable replacement
dwelling. Determination of the amount necessary for
such down payment shall be based on the amount of
down payment that would be required for punccase of
the dwelling using a conventional loan.
2. Incidental expenses of closing the transaction are
those described in Paragraph 6.3 c.
3. The maximum payment may not exceed $4,000.00, except
that if more than $2,000.00 is required, the tenant
must match any amount in excess of $2,000.00 by an
equal amount in making the down payment.
4. The full amount of the replacement housing payment
must be applied to the purchase price and incidental
costs shown on the closing statement.
7.3 Computation of Replacement Housing Payments for Certain Others
a. A displaced owner -occupant who does not qualify for a
replacement housing payment under Chapter 6 because of
the 180 -day occupancy requirement, and elects to rent, is
eligible for a rental replacement housing payment not to
exceed $4,000.00. The payment will be computed in the
same manner as shown in Paragraph 7.2 a, except that the
present rental rate for the acquired dwelling shall be
economic rent as determined by market data.
b. A displaced owner -occupant who does not qualify for a
replacement housing payment under Chapter 6 because of
the 180 -day occupancy requirement and elects to purchase
a replacement dwelling is eligible for a replacement
housing down payment and closing costs not to exceed
$4,000.00. The payment will be computed in the same
manner as shown in Paragraph 7.2 b.
8. RELOCATION ASSISTANCE ADVISORY SERVICES
8.1 Relocation Assistance Advisory Program
Under Section 7261, the Director shall require a relocation
assistance advisory program for persons displaced as a result of pro-
grams or projects. Each relocation assistance advisory program shall
include such measures, facilities, or services as may be necessary or
appropriate to perform all of the tasks detailed in Section 7261 (c).
8.2 Coordination of Planned Relocation Activities
a. Coordination
The Public Entity shall establish appropriate channels of
communication with other public agencies contemplating
displacement activities in the area for the purpose of
planning relocation activities and coordinating available
housing resources.
The other public agencies causing displacement and the
City of Costa Mesa shall designate at least one repre-
sentative who will meet periodically with the repre-
sentatives of other Federal, State, and local agencies to
review the impact of their respective programs on the
community or area.
b. Local Coordination
To further insure maximum coordination of relocation
activities in Costa Mesa, the City of Costa Mesa shall
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consult appropriate local officials before approving any
proposed project in the community, consistent with the
requirements of the procedures promulgated by the Office
of Management and Budget Circular A-95 (Revised).
8.3 Contracting for Relocation Services
Contracting with Central Relocation Agency
The Director, when contemplating initiation of displace-
ment activities, shall consider contracting with the
central relocation agency in Orange County for the purpose
of carrying out its relocation activities.
Contracting with Others
If, in the judgment of the City of Costa Mesa, the
centralized agency does not have the capacity to provide
the necessary services within the time required by the
Public Entity's program, the City of Costa Mesa may
contract with another public agency, or a private con-
tractor who can provide the necessary relocation services.
9. GRIEVANCE PROCEDURE
9.1 Federal Participation Exemption
If the Public Entity adopts a grievance procedure policy
mandated by a Federal agency in order to receive Federal financial
participation, then that policy may be used in lieu of this section.
9.2 Right of Review
Any person aggrieved by a determination as to eligibility for,
or the amount of, a payment under the Regulations in this part, may have
his claim reviewed and reconsidered by the Director, or his authorized
designee other than the person who made the determination in question, in
accordance with the procedures set forth in this section, as supple-
mented by such procedures as the Public Entity shall have established
for such review and reconsideration. Any person, or class of persons,
may seek review and revision of any schedule with respect to payments
under the Regulations of this part.
9.3 Notification to Claimant
If the Public Entity denies the eligibility of a claimant for
a payment, or disapproves the full amount claimed, or refuses to con-
sider the claim on its merits because of untimely filing or any other
ground, the Public Entity's notification to the claimant of its deter-
mination shall inform the claimant of its reasons therefor, and shall
also inform the claimant of the applicable procedures for obtaining
review of this determination.
9.4 Request for Review
General
Any person who has a right to seek review may request the
Public Entity to provide him with a full written explana-
tion of its determination and the basis therefor if he
feels that the explanation accompanying the payment of
his claim, or notice of the Public Entity's determination
was incorrect or inadequate. The Public Entity shall
provide such an explanation to the claimant within 15
days of its receipt of claimant's request.
b. Time Limits for Filing Written Request for Review
1. A claimant desiring review and reconsideration of
the public agency's determination shall file a
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�a54
written request for review with the Public Entity,
either (a) within six months of the Public Entity's
notification to the claimant of its determination,
or, (b) prior to final closeout of the project which
caused the displacement, whichever is earlier, but
in no event less than 30 days following the Public
Entity's notification to the claimant of its deter-
mination.
C. The Written Request for Review
The claimant may include in his request for review any
statement of fact within his knowledge or belief, or
other material which he feels has a bearing on his
appeal. If the claimant requests more time to gather and
prepare additional material for consideration or review,
and demonstrates a reasonable basis therefor, he may be
granted 30 days from the date of his request for review.
If the claimant feels he is unable to prepare the written
claim, the Public Entity shall offer to provide assistance
to the claimant, and further notify the claimant of other
available sources of assistance.
Oral Presentation
Upon request of the claimant, the Public Entity shall
afford him an opportunity to make an oral presentation.
The claimant may be represented by an attorney, or other
person of his choosing. This oral presentation shall
enable the claimant to discuss his claim with the Direc-
tor, or a designee other than the person who made the
initial determination, having the authority to revise the
initial determination on the claim. The City of Costa
Mesa shall make a summary of the matters discussed in the
oral presentation and it shall be included as part of its
file.
9.5 City of Costa Mesa Review
a. General
The City of Costa Mesa shall consider the request for
review and shall make a determination as to whether a
modification is necessary. This review should be con-
ducted by the Director, or his authorized designee other
than the person who made the determination. A designee
must have the authority to revise the initial determin-
ation of the claim, and any determination reached pursuant
to an oral presentation. The Public Entity shall consider
every complaint regardless of form.
Scope of Review
The Public Entity shall review and reconsider its initial
determination of the claimant's case in light of:
1. All material upon which the Public Entity based its
original determination, including all applicable
rules and regulations;
2. The reasons given by the claimant for requesting
review and reconsideration of his claim;
3. Whatever additional written material has been
submitted by the claimant; and
4. Any further information which the Public Entity may,
in its discretion, obtain by request, investigation,
or research, to insure fair and full review of the
claim.
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C. Determination on Review by City of Costa Mesa
The final determination on review by the Public Entity
shall include, but is not limited to:
1. The Public Entity's decision on reconsideration of
the claim;.
2. The factual and legal basis upon which its decision
is based, including any pertinent explanation or
rationale. J
d. Time Limits
1. The Public Entity shall issue its determination of
review within 30 days from receipt of the last
material submitted for consideration by the claimant.
2. In the case of complaints dismissed for untimeliness
or for any other reason, not based on the merits of
the claim, the Public Entity shall issue a statement
to the claimant as to why the complaint was dismissed.
9.6 Recommendations by Third Party
Upon agreement between the claimant and the Public Entity, a
mutually acceptable third party or parties may review the claim and make
advisory recommendations thereon to the Director for its final determin-
ation. In reviewing the claim and making recommendations to the Public
Entity, the third party or parties should be guided by the provisions of
the requirements of these sections.
9.7 Review of Files by Claimant
Except for confidential material, and except to the extent
specifically prohibited by law, the Public Entity shall permit the
claimant to inspect all files and records bearing upon his claim or the
prosecution of his grievance. The Public Entity may, however, impose
reasonable conditions on the claimant's right to inspect.
9.8 Effect of Determination on Other Persons
The principles established in all determinations by the Public
Entity shall be applied to all similar cases regardless of whether or
not a person has filed a written request for review.
9.9 Construction of Rules and Regulations
This section and all applicable rules and regulations on which
the Public Entity determinations are based shall be liberally construed
so as to fulfill the statutory purpose as declared in the Act of "fair
and equitable treatment" in order that displaced persons "not suffer
disproportionate injuries as a result of programs designed for the
benefit of the public as a whole."
9.10 Right to Counsel
Any aggrieved party has a right to representation by legal or
other counsel at his own expense at any and all stages of the proceed-
ings set forth in these sections.
9.11 Judicial Review
Nothing in this section shall in any way preclude or limit a
claimant from seeking judicial review, or receiving a fair and impartial
consideration of his claim on its merits, upon exhaustion of such admin-
istrative remedies as are available to him under this section.
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10. UNIFORM REAL PROPERTY ACQUISITION POLICY
10.1 Acquisition Procedures
a. Just Compensation
Section 7267.2 establishes the policy that before ini-
tiation of negotiations for the acquisition of real
property the Director shall establish an amount which he
believes to be just compensation therefor. In no event
shall such amount be less than the Public Entity's
approved appraisal of the fair market value of the
property.
b. Incidental Expenses Incurred by Displaced Owner Selling
to the Public Entity
Compensation for real property shall include recording
fees, transfer taxes, and prepayment penalties on exist-
ing liens, and other similar expenses incidental to
conveying such real property to the Public Entity.
C. Initiation of Negotiations
1. Statement to be Furnished Owner
When negotiations for the acquisition of real
property are initiated, the owner shall be provided
with a written statement concerning the proposed
acquisition. This statement shall include, as a
minimum, the following:
(a) Identification of the real property and the
estate or interest therein to be acquired,
including the buildings, structures, and other
improvements on the land, as well as the fix-
tures considered to be a part of the real
property; and
(b) The amount of the estimated just compensation
for the property to be acquired as determined
by the acquiring agency, and a statement of the
basis therefor. In the case of a partial
taking, damages, if any, to the remaining real
property shall be separately stated.
2. Offer to Purchase
The Director shall make a prompt offer to purchase
the property for the amount contained in the state-
ment.
10.2 Appraisal Standards
For the purpose of promoting uniformity under Section 7267.2,
the Director shall establish for all programs under his jurisdiction
standards for appraisals used in such programs, criteria for determining
the qualifications of appraisers, and a system of review by qualified
appraisers.
10.3 Notice to Move
Section 7267.3 provides that to the greatest extent practicable,
no person lawfully occupying real property shall be required to move
from a dwelling, or to move his business operation, without at least 90
days written notice from the Director of the date by which such move is
required.
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