(A) A tenant shall be eligible for relocation assistance and payments, pursuant to this chapter and Cal. Health and Safety Code, Sections 17975 et seq., when the city determines that the condition of a building or portion thereof is such that a residential unit cannot be safely occupied by that tenant while the building or portion thereof is being brought into code compliance.
(B) Exceptions. A tenant shall not be eligible for relocation assistance and payments under the following conditions:
(1) The property owner provides a replacement dwelling of comparable size and appurtenances to the tenant; or
(2) The tenant has caused or substantially contributed to the condition giving rise to the order to vacate, or unreasonably prevented the property owner or designated agent from undertaking maintenance or repairs that would have prevented or rectified the code violation. Nor shall any relocation benefits be payable to a tenant, if any guest or invitee of the tenant has caused or substantially contributed to the condition giving rise to the order to vacate, as determined by the building official or designee. The building official or designee shall make the determination whether a tenant, tenant’s guest, or invitee caused or substantially contributed to the condition, giving rise to the order to vacate; or
(3) If the residential unit or structure becomes unsafe or hazardous as a result of a natural disaster or force majeure; or
(4) If the residential unit or structure is operated as an emergency or temporary shelter for homeless persons (whether such persons have assigned rooms or beds, and regardless of duration of stay by any occupant) by a nonprofit organization or public agency owning, leasing, or managing such dwelling unit; or
(5) If the tenant is in default in payment of rent, unless rent is being lawfully withheld by the tenant.
(C) The building official shall have sole discretion to determine the amount, type and duration of the relocation benefits pursuant to this chapter and Cal. Health and Safety Code, Sections 17975 et seq. The property owner or designated agent and any displaced tenant or his/her representative shall be entitled to meet with the building official to present facts demonstrating that relocation benefits should or should not be paid. The building official or designee shall make a determination based on the provisions of this chapter, the rules and regulations adopted pursuant to this chapter, and the factual information submitted by the parties or otherwise readily available, and shall communicate his/her determination in writing to the tenant and the property owner or designated agent. When notice to the property owner of the building official’s relocation benefits determination is not reasonably possible because immediate vacation is necessary, the property owner shall have only the appeal right set forth in section 14-100.
(D) When the property owner or tenant wishes to contest a determination regarding eligibility or relocation payment amounts made by the building official, such party should file a written request for a hearing with the city manager within ten days of the determination. Any property owner requesting an appeal must first deposit with the building official the full unpaid amount in dispute, unless the property owner can demonstrate significant hardship or other extraordinary circumstances to the building official that would justify a waiver of such deposit. The city manager or designee shall hold a hearing and shall use reasonable efforts to render his/her decision on any such appeal within 30 days of a timely hearing request. The city manager’s or designee’s decision shall be final, with no appeal to the city council.
(Ord. No. 2946)