(Amended by Ord. No. 181,643, Eff. 5/31/11.)
A. Referral to the Department. DWP, after having failed to collect the utility bill due and having provided notice of utility shut-off, may refer to the Department any building subject to the RSO that has a delinquent utility bill and which is scheduled for termination of utility services, thereby making the building untenantable. The referral to the Department shall contain the street address of the property, the type of delinquency, the amount of the delinquency, the monthly amount required to maintain the utility service, the name and addresses of the landlord(s), any interested parties, any tenants as shown on the records of DWP, the number of residential units, and any other information as required by the Department. DWP shall provide the Department with a preliminary title search for the referred property. The report shall list all persons shown on the County Recorder records as having an ownership interest in the real property on which the building is located. In each referral, DWP shall specify that non-payment of the utility bill may lead to service termination which may render the building, or a portion thereof, untenantable.
B. Notice of Eligibility. Within five working days after receiving notification from DWP, the Department shall give to the landlord(s), any interested parties, and tenants a Notice of Eligibility to place the building into UMP. The Notice of Eligibility shall provide written notification to the landlord(s) of the eligibility of the building for placement into UMP and shall list the street address of the building and include a copy of the referral notice from DWP. The Notice of Eligibility shall provide a description of UMP and specify that within seven calendar days from the date of the notice, the landlord(s) may request a General Manager's hearing to appeal the decision to place the building into UMP. If no hearing is requested, the Department shall make a determination on the eligibility of the building for acceptance in UMP. The Notice of Eligibility shall also state that if the building is placed into UMP, an escrow account shall be established for the deposit of monthly rent payments, with a non-refundable administrative fee of $50.00 per individual rent payment and that escrow funds may be paid to DWP to maintain utility services to avoid having the building become uninhabitable and in violation of Civil Code Section 1941.l et seq.
C. Manner of Giving Notice. The notices described in this Section shall be given in writing and may be given either by personal delivery to the landlord(s) or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the landlord(s) at the last address known to DWP or the Department or as shown on the last equalized assessment roll if not known. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail. The failure of any landlord(s) or other persons to receive this notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving this notice may be made by a declaration signed under penalty of perjury by any employee of the City which shows service in conformity with this section. Payment arrangements reached between DWP and the landlord(s), upon notification to the Department from DWP, shall terminate further processing of placing the building into UMP. A subsequent referral of the building to the Department by DWP on this same delinquency will be directly considered by the Department for inclusion into UMP as long as the landlord(s) for the property had been provided the right to a Department hearing, as stated in Subsection B. above.
D. Hearings by Hearing Officer.
1. A request for hearing shall be in writing and filed with the Department upon a form and with the number of copies required by the Department. Each request for hearing shall be accompanied by a filing fee in the amount of $50.00.
2. If a request for hearing is received by the Department within the seven day period, then the requested hearing shall be held within ten days of the receipt of the request by a hearing officer designated by the Department. Notice of the time, date and place of the hearing shall be mailed by the Department to the applicant and tenants of the subject rental units at least seven calendar days prior to the hearing date.
3. The hearing shall be conducted by a hearing officer designated by the Department. At the time of the hearing the landlord(s) and/or any affected tenant may offer any documents, testimony, written declarations or evidence as may be pertinent to the proceedings.
4. Hearing Officer Determination. If after consideration of the facts presented at the General Manager's hearing, the Hearing Officer finds that the three factors listed in Subsection E., below, exist, the Hearing Officer shall place the building into UMP.
5. A final decision shall be made by the Hearing Officer within 72 hours after the completion of the General Manager's hearing. The Department shall mail copies of the findings and determination of the Hearing Officer to the applicant and all affected tenants.
6. Effective Date of Decision. The final decision of the Hearing Officer pursuant to this Subdivision shall constitute the final administrative decision in the appeal of placement of the building into UMP.
E. Findings. In reviewing whether a building should be included in UMP, the Hearing Officer or Department shall find that each of the following factors exist:
1. A delinquent utility bill exists;
2. The landlord(s) has failed to pay the delinquent utility bill; and
3. Utility shut-off will result in the building becoming untenantable and in violation of Civil Code Section 1941.1.
F. Department Determination Where No Hearing Is Requested. If the landlord(s) does not request a General Manager's hearing, the Department shall review the file and determine whether the three factors listed in Subsection E. above, exist. If the Department finds that those factors exist, the building shall be placed into UMP.