CHAPTER 95: ANTIDISPLACEMENT AND RELOCATION ASSISTANCE
Section
   95.01   Adoption of antidisplacement and relocation plan
   95.02   Compliance with Uniform Real Property Acquisition Policy
   95.03   Compliance with Uniform Relocation Assistance Policy
   95.04   Replacement of dwelling units
   95.05   Relocation assistance
§ 95.01 ADOPTION OF ANTIDISPLACEMENT AND RELOCATION PLAN.
   The following antidisplacement and relocation assistance plan is adopted:
   (A)   To ensure the owners of real property to be acquired for federal and federally-assisted projects are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to minimize litigation and relieve congestion in the courts, and to promote public confidence in federal and federally-assisted land acquisition programs; and
   (B)   To ensure that persons displaced as a result of federal or federally-assisted projects are treated fairly, consistently, and equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public of a whole.
(1981 Code, § 101.01) (Ord. 6527-92, passed 9-14-1992)
§ 95.02 COMPLIANCE WITH UNIFORM REAL PROPERTY ACQUISITION POLICY.
   The city shall:
   (A)   To the greatest extent practicable under state law, comply with 42 U.S.C. 4651 and 4652 (Sections 301 and 302 of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and comply with 42 U.S.C. 4653 and 4654 Sections 303 and 304 of Title III) and HUD implementing instructions of 24 CFR Part 42; and
   (B)   Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations of 24 CFR Part 42 and Part 570.
(1981 Code, § 101.02) (Ord. 6527-92, passed 9-14-1992)
§ 95.03 COMPLIANCE WITH UNIFORM RELOCATION ASSISTANCE POLICY.
   The city shall:
   (A)   Comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and HUD implementing regulations of 24 CFR Part 42 and Part 570;
   (B)   Provide relocation payments and offer relocation assistance as described in 42 U.S.C. 4625 (Section 205 of the Uniform Relocation Assistance Act) to all persons displaced as a result of the acquisition of real property for an activity assisted under the Community Development Block Grant Program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; and
   (C)   Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and
   (D)   Inform affected persons of the relocation assistance, policies and procedures set forth in the regulations of 24 CFR Part 42 and Part 570.
(1981 Code, § 101.03) (Ord. 6527-92, passed 9-14-1992)
§ 95.04 REPLACEMENT OF DWELLING UNITS.
   (A)   The city will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR Part 570.
   (B)   All replacement housing will be provided within 3 years of the commencement of demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the city will make public and submit to the HUD Filed Office or DOD Office of Local Government Services the following information in writing:
      (1)   A description of the proposed assisted activity;
      (2)   The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate income dwelling units as a direct result of the assisted activity;
      (3)   A time schedule for the commencement and completion of the demolition or conversion;
      (4)   The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;
      (5)   The source of funding and a time schedule for the provision of replacement dwelling units;
      (6)   The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy;
      (7)   An analysis determining whether a dwelling unit proposed to be demolished is occupiable or not; and
      (8)   An analysis determining whether a dwelling unit proposed to be demolished or converted is considered a low/moderate income unit.
(1981 Code, § 101.04) (Ord. 6528-92, passed 9-14-1992)
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