(A) Whenever the Department orders that all or a portion of a residential building be vacated pursuant to this code, the owner of such residential building (the "owner") shall pay relocation costs for the residents of such residential building who reside at the residential building when the order to vacate is issued, subject to the provisions of division (F) of this section. This requirement shall be applicable when any condition which is the basis for the order to vacate is within the control of the owner and the owner or his agent and/or responsible party knew or should have known of the existence of the conditions that violate applicable codes, statutes, ordinances or regulations prior to the order to vacate. Notice of such conditions by a governmental agency responsible for the enforcement of a building, residential unit, housing or other appropriate code served on the owner or the owner's agent and/or responsible party shall be proof that the owner knew of the conditions. Payment of relocation costs shall be made by the owner to the agency designated by the city to administer relocation (the "relocation agency") within 30 days after the owner's receipt of the relocation cost assessment issued by the relocation agency. Interest shall accrue on any amount unpaid by the owner commencing 30 days after the date the relocation agency first advances relocation assistance funds to the displaced resident. Interest accrual shall not be stayed during an appeal by the owner, but an owner who is successful on appeal shall not be liable for interest. Owners who, on appeal, are found to not owe relocation costs shall have payments they have made to the relocation agency refunded to them without interest except for any interest actually paid by the owner.
(B) At the time the notice and order to vacate is served on the owner or their agent and/or responsible party in addition to other requirements of this Code, notification shall be given to the owner or their agent and/or responsible party that the owner may be required to pay the relocation costs of the displaced residents. The owner or their agent and/or responsible party shall also be served with a copy of Ordinance 21-2007.
(C) At the time that a notice of an order to vacate is served on the owner of a property or their agent and/or responsible party pursuant to § 14-3-5-3 ROA 1994, a notice in substantially the following form shall be served on those residents known by name to the Department. Such notice shall be served by personal service or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. As to residents unknown by name to the Department, service may be accomplished by posting such notice at the main entrances or at some other prominent place on or within the residential building. The notice shall be written in both English and Spanish. The notice shall be provided to the relocation agency on or before the day the notice to the residents is served or posted.
NOTICE TO RESIDENTS
YOU MUST MOVE FROM WHERE YOU ARE LIVING
BECAUSE YOU MUST MOVE YOU MAY BE ENTITLED TO MONEY
The City has found health and/or safety problems with the building where you live. The City has ordered this building to be closed.
City law may allow you to be paid, by your landlord, for the cost of moving and for some of your rent at a new location.
Please contact the City Relocation Agency at the following phone number and address, as soon as possible, for more information on your rights. If you wait more than 60 days you will lose your right to any money.
Phone Number:
Address:
(D) In addition to payment of relocation costs a minimum fixed fee for temporary relocation may be established by regulation. Rental payments shall not be made beyond temporary relocation periods.
(E) The relocation agency shall determine eligibility for and the amount of relocation benefits. Residents shall not be eligible for relocation costs if they do not make a claim with the relocation agency for relocation costs within 60 calendar days after being served with the notice in division (C). In determining eligibility, the relocation agency shall consider whether:
(1) The residents had a rental agreement at the time the notice was served on the residents;
(2) A court had issued an eviction order to the residents prior to the date the notice was served on the residents;
(3) The residents caused or substantially contributed to the conditions that were the basis of the notice to vacate;
(4) The conditions that were the basis for the notice to vacate were caused by fire, flood or other natural disasters;
(5) The failure to meet the requirements of this code was due to the willful or negligent acts or omissions of the owner;
(6) The resident was in default for non-payment of rent;
(7) The basis of the notice to vacate is for a condition caused by the resident's or any third party's illegal conduct without the owner's prior knowledge; or
(8) For an owner occupant of a mobile home who is renting a lot or parcel for use as a site for the location of the mobile home, whether the requirement to vacate was caused by actions outside the control of the resident.
(F) After notice to the owner or their agent and/or responsible party and a hearing at which the owner shall have an opportunity to appear and present evidence, the Department shall be entitled to place a lien on the property on which the residential building that is the subject of a notice to vacate is located, and to recover costs paid by the relocation agency that are owed but have not been reimbursed by the owner provided the Department proves:
(1) The residents were parties to a rental agreement at the time the notice was served on the residents whose term had not expired;
(2) The residents had not been served with a valid notice of default under the rental agreement which would have entitled the owner to evict the resident;
(3) The residents did not cause or substantially contribute to the conditions that were the basis of the notice to vacate;
(4) The conditions that were the basis for the notice to vacate were not caused by fire, flood or other natural disasters;
(5) The failure to meet the requirements of this code was due substantially to the willful or grossly negligent acts or omissions of the owner;
(6) The resident was not in default for non-payment of rent;
(7) The basis of the notice to vacate is for a condition that was not caused by the resident's or any third party's illegal conduct without the owner's prior knowledge; and
(8) For an owner occupant of a mobile home who is renting a lot or parcel for use as a site for the location of the mobile home, the requirement to vacate was not caused by actions outside the control of the resident.
(G) The city shall, by regulation, establish a procedure for notice and an impartial evidentiary hearing prior to any determination that an owner must repay relocation costs. The owner shall be entitled to appeal the assessment of relocation costs by the relocation agency pursuant to the appeal provisions of this code. Such appeal shall be filed within 30 calendar days of the owner's receipt of the relocation cost assessment from the relocation agency. The filing of an appeal shall not stay the relocation process.
(H) The city may promulgate regulations governing the administration of this section, including but not limited to eligibility for relocation costs, the amount and method of payment of relocation costs, the criteria replacement units must meet.
(I) No action taken pursuant to this section shall affect the rights of residents and owners in any civil litigation. Nothing is this section shall be construed to change the obligations and rights of owners and residents as required in the Uniform Owner-Resident Relations Act, §§ 47-8-1 et seq. NMSA 1978.
(J) There is created in the City Treasury the "Relocation Assistance Fund" that shall be used solely for the purpose of relocation cost payments, costs of administration and enforcement costs related to relocation costs. All relocation payments received by the relocation agency shall be deposited in the Relocation Assistance Fund. Remaining balances at the end of the fiscal year shall remain in the Relocation Assistance Fund and shall not revert to the general fund.
(K) The relocation agency shall provide assistance in finding alternative housing for residents who are displaced and qualify for relocation assistance under this section.
(L) From the time that the city first notifies an owner of conditions that violate applicable codes, statutes, ordinances or regulations to the time that the relocation assistance payments are paid to eligible residents or the time the conditions cited are corrected, the owner shall not evict, harass or intimidate any resident for the purpose of avoiding or diminishing application of this section. Included in this prohibition is the reduction of services to a resident or materially increasing or changing the obligations of any resident, including but not limited to rent increases, for purposes of attempting to have the resident vacate the residential building.
(M) The city shall be entitled to attorneys' fees and costs arising from any legal action to collect relocation costs assessed to owners.
(Ord. 21-2007; Am. Ord. 2018-025)