SEC. 39A-5. RESERVED.

   (Repealed by Ord. 30694)

SEC. 39A-6. RESERVED.

   (Repealed by Ord. 30694)

SEC. 39A-7. APPEALS.

   (a)   City manager to establish procedures. The city manager or his designee shall establish procedures for his review of appeals under this chapter. The procedures should provide for possible resolution of an appeal at an echelon below the city manager with a final appeal to the city manager or his designee. As a minimum such procedures shall provide that:

      (1)   any person making an appeal shall be given a full opportunity to be heard;

      (2)   a decision will be reached promptly on the basis of evidence submitted and the relocatee notified of such decision;

      (3)   the result reached will be supported by the necessary computations and rationale and documented in the parcel file.

   (b)   Notification of appeal rights and procedures. At such time as a relocatee indicates he is dissatisfied with a determination as to his eligibility for a payment or of an amount of payment offered under this chapter, he shall be promptly furnished the necessary forms and notified of the procedures to be followed in making an appeal. (Ord. 13680)

SEC. 39A-8. RECORDS.

   (a)   Relocatee records - general. The city manager or his designee shall maintain relocation records showing:

      (1)   Project and parcel identification.

      (2)   Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to obtain where relocatee moved without assistance).

      (3)   Personal contacts made with each relocated person, including for each relocated person:

         (A)   date of notification of availablilty of relocation payments and services;

         (B)   name of the official offering or providing relocation assistance;

         (C)   whether the offer of assistance in locating or obtaining replacement housing was declined or accepted and the name of the individual accepting or declining the offer;

         (D)   dates and substance of subsequent followup contracts;

         (E)   date on which the relocated person was required to move from the property acquired for the project;

         (F)   date on which actual relocation occurred and whether relocation was accomplished with the assistance of the city, referral to other agencies or without assistance. If the latter, an approximate date for actual relocation is acceptable; and

         (G)   type of tenure before and after relocation.

      (4)   For displacements from dwelling:

         (A)   number in family;

         (B)   type of property (single detached, multi-family, etc.);

         (C)   value, or monthly rent;

         (D)   number of rooms occupied.

      (5)   For relocated businesses:

         (A)   type of business;

         (B)   whether continued or terminated;

         (C)   if relocated, distance moved (estimate acceptable).

      (6)   For relocated farms:

         (A)   whether continued or terminated;

         (B)   if relocated, distance moved (estimate acceptable).

   (b)   Moving expense records. The city manager or his designee shall maintain records containing the following information regarding moving expense payments:

      (1)   the date the removal of personal property was accomplished;

      (2)   the location from which and to which the personal property was moved;

      (3)   if the personal property was stored temporarily, the location where the property was stored, the duration of such storage, and justification for the storage and the storage charges;

      (4)   itemized statement of the costs incurred supported by receipted bills or other evidence of expense;

      (5)   amount of reimbursement claimed, amount allowed and an explanation of any differences;

      (6)   data supporting any determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired by the city;

      (7)   when an “in lieu of” payment is made to a business or farm operation, data showing how the payment was computed; and

      (8)   when moving expense payments are made in accordance with a schedule, the data called for in (3) and (4) above need not be maintained. Instead records showing the basis on which payment was made shall be maintained.

   (c)   Replacement housing payment records. The city manager or his designee shall maintain records containing the following information regarding replacement housing payments:

      (1)   The date of the city’s receipt of each application for such payments.

      (2)   The date on which each payment was made or the application rejected.

      (3)   Supporting data explaining how the amount of the supplemental payment to which the applicant is entitled was calculated.

      (4)   A copy of the closing statement to support the purchase or downpayment, and incidental expenses when replacement housing is purchased.

      (5)   A copy of the Truth in Lending Statement or other data including computations to support the increased interest payment.

      (6)   The individual responsible for determining the amount of the replacement housing payment shall place in the file a signed and dated statement setting forth:

         (A)   the amount of the replacement housing payment;

         (B)   that he has no direct or indirect present or contemplated personal interest in this transaction nor will derive any benefit from the replacement housing payment.

      (7)   A statement by the city manager or his designee that in his opinion the relocated person has been relocated into adequate replacement housing. (Ord. 13680)