A. Review Process. The board shall receive the report of the secretary with respect to each building for which a notice of eligibility was sent to the landlord, including the results of the formal conference, if any. The board shall review each building with respect to its suitability for inclusion in REAP. The board shall complete its review within ten (10) working days of its receipt of the report of the secretary, unless additional time is necessary. In such event, the time for review shall be extended only so long as is reasonably necessary and only in accordance with such regulations as the board may promulgate. At the completion of the review process, the board shall vote for one of the following options:
1. Acceptance. If the board determines that a building meets each of the findings set forth in subsection C of this section, then the board shall vote to accept the building into REAP.
2. Rejection. If the board determines that a building does not meet all of the findings set forth in subsection C of this section, then the board may vote to reject a building for inclusion into REAP. Where a building is rejected, the secretary shall notify the landlord, any interested parties, any tenants known to the secretary, and any other occupants of the building that the building is not included in REAP at that time. The notice shall state the reasons for the rejection and shall state that such rejection does not relieve the landlord of criminal or civil liability under any other provisions of the law, and, where appropriate, that the building may be placed into REAP at a future date.
3. Suspension of Consideration. If the board determines that a building does not meet all of the findings set forth in subsection C of this section because work has commenced or been completed to correct the deficiencies, and the citing department has not yet issued proof of compliance, then the board may vote to suspend consideration of the building. However, the board shall specify a date, not later than the time reasonably necessary for the landlord or interested party to complete the work and obtain the proof of compliance, at which time the board shall reconsider the eligibility of the building for REAP. The requirements of Section 8.100.1090 of this chapter shall not be applicable to such reconsideration.
Upon such suspension, the secretary shall notify the landlord, any interested parties, any tenants known to the secretary, any other persons who requested notice in writing, and any other occupants of the building that the building is not included in REAP at that time. The notice shall state the reasons for the suspension and shall state that such suspension does not relieve the landlord of criminal or civil liability under any other provisions of the law. The notice shall also specify the date that the board will reconsider the eligibility of the building for REAP unless the board is provided with proof of compliance prior to such date.
B. Application for Release of Funds.
1. At any time during a building's participation in REAP, a landlord, any interested party, a tenant, and any creditor, including any utility, contractor, or subcontractor, whose debt arose from the purchase, repair, maintenance, or operation of the building may apply to the board for a release of funds from the escrow account. The board shall review such applications and, where the landlord concurs, may order the release of funds from the escrow account where it has been demonstrated to the satisfaction of the board that such release is necessary to prevent a significant diminution of an essential service to the building, including utilities, or is necessary for the correction of the deficiencies. Where specifically ordered by a court, the board shall order the release of funds from the escrow account irrespective of concurrence by the landlord.
2. The board shall deny the application where it determines that the application for payment of the debt is intended, in whole or in part, to circumvent the provisions of this chapter. A debt incurred subsequent to notice to such creditor that the building is under consideration for or had been selected for participation in REAP, shall be presumed, subject to rebuttal, to be for the purpose of circumventing the provisions of this article.
3. At any time during a building's participation in REAP, a tenant may apply to the board for a release of funds from the escrow account. The board shall review such applications and, where the landlord concurs, or fails to object within a reasonable time as determined by the board, may order the release of funds from the escrow account.
C. Findings. In reviewing whether a building should be included in REAP, the board and the city council shall find that each of the following factors exists:
1. The building contains one or more untenantable residential units as the result of the deficiencies noted in the citation or order; and
2. The landlord has refused or has consistently failed to correct the deficiencies. (Prior code § 49.14.1404)