(Amended by Ord. No. 184,336, Eff. 7/19/16.)
A. If the landlord fails, neglects or refuses to pay relocation payments to a tenant displaced or subject to displacement pursuant to an order to vacate except in the situations described in Section 163.02 B. or 163.02 C. above, the City may advance relocation payments to the tenants in the amount set forth in Section 163.05 above.
B. If the landlord fails to comply with an order to pay relocation assistance, the landlord shall be liable to the City for any relocation payments advanced, other than any payments made pursuant to Section 163.02 D., in the amount of the payments plus a penalty in the amount set forth in California Health and Safety Code Section 17975.5(a). The Enforcement Agency may place a lien against the property as set forth in California Health and Safety Code Section 17975.5(b).
C. Prior to instituting any action to collect from the landlord or to impose a lien on the property, the Enforcement Agency shall send an accounting to the landlord as set forth in California Health and Safety Code Section 17975. The landlord may contest the accounting within 20 days after receipt by filing a written request for a General Manager’s hearing. However, if there are fewer than ten days between the first posting and mailing of the order to vacate and the vacation date, and if the City advances relocation benefits to any tenants prior to the expiration of the ten-day period, the landlord shall have 30 days to file a written request contesting the charge after the itemized accounting is mailed.
D. If the request is filed within the time set forth in Subsection 163.07 C. above, the General Manager shall hold a hearing following the procedures for the Enforcement Agency. Any person aggrieved by the decision of the General Manager may appeal to the Appeals Board following the procedures for that Enforcement Agency. If the landlord fails to obtain a more favorable decision than that set forth in the itemized accounting, the landlord shall be liable to the City for the costs of the administrative hearing and appeal, not to exceed $5,000. If the accounting is not appealed as set forth in this paragraph, it is final and is subject to California Code of Civil Procedure Section 1094.5. The failure to receive the itemized accounting shall not relieve the landlord of any obligation to the City.
E. Nothing this in article shall be construed to require the Enforcement Agency to pay any relocation benefits to any tenant, or assume any obligation, requirements or duty of the landlord pursuant to this article.