(A) Legislative findings. As an incident to the enactment of this section, the York County Council, as the governing body of York County, South Carolina, has made the following legislative findings:
(1) To the extent the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, imposes certain requirements pertaining to the acquisition of real property by states and their political subdivisions, or to the extent that York County shall have the power to make payments and give assistance to displaced persons or other entities as provided in S.C. Code §§ 28-11-10 through 28-11-70 and Regulation R-63-322, York County is empowered to expend available public funds for such purposes and is required to make such payments to such displaced persons or other legal entities whether the program or project is federally aided or not.
(2) To the extent that the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, and/or S.C. Code § 28-11-30 and Regulation R-63-322 make certain requirements pertaining to the acquisition of real property as a pre-requisite to federal aid to such programs or projects, local governmental subdivisions, including counties, are empowered to expend available public funds as provided in S.C. Code § 28-11-30.
(3) Local governmental agencies and political subdivisions of the state may contract with any other local governmental agency or instrumentality to carry out its functions and promulgate rules and regulations as are necessary to carry out the provisions of S.C. Code §§ 28-11-10 through 28-11-70.
(4) The York County Council, as the governing body of York County finds that it should adopt an ordinance to provide for the administration of relocation assistance to the extent the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, S.C. Code §§ 28-11-10 through 28-11-70 and Regulation R-63-322 make or require relocation payments and assistance to displaced persons or other legal entities; to provide the manner in which York County shall reimburse property owners for certain relocation expenses; to provide for the administration of relocation assistance programs and the review of decisions of right-of-way agents; and to provide for appeals from the decision of the County Manager or his or her designee requesting a contested case hearing before the Administrative Law Judge Division pursuant to S.C. Code § 1-23-600 and the rules of procedure of the Administrative Law Judge Division.
(B) Expenditure of public funds for relocation assistance to qualified displaced persons or entities authorized. To the extent that the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, S.C. Code §§ 28-11-10 through 28-11-70 or Regulation R-63-322 provide for relocation payments and assistance to displaced persons or other legal entities, York County is empowered to expend available public funds for programs or projects for such purposes and shall make such payments to such displaced persons or other legal entities, and such expenditures shall be deemed part of the cost of any such program or project.
(C) Review of applications for relocation assistance payments; appeals.
(1) An applicant for a relocation assistance payment under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, S.C. Code §§ 28-11-10 through 28-11-70 or Regulation R-63-322 shall be notified promptly, in writing, of: (1) his or her eligibility for payment claimed; (2) the amount, if any, to which he or she may be entitled; and (3) the time and manner in which such payment, if any, will be made. Such notification shall also advise the applicant of his right to review and appeal and the procedures for review and appeal if he or she is dissatisfied with the decision of the county or its right-of-way contractors with respect to his or her application for a relocation assistance payment.
(2) All petitions or requests for review of a decision by the county’s right-of-way office or right-of-way contractor with respect to an applicant’s eligibility, or the amount of a payment, if any, shall be submitted in writing by the filing and mailing of the appeal form attached hereto and incorporated herein by reference, within 60 days of the county’s or right-of-way contractor’s determination of a displaced person’s claim. The form for use in filing requests for review may be requested from the county’s right-of-way office or right-of-way contractor’s office.
(3) If a timely request for review is filed, the County Manager or his or her designee will review the application and all pertinent justification and other material submitted by the applicant as well as other available information, and will furnish the applicant with a written decision following such review.
(4) An applicant may seek relief from the decision of the County Manager or his or her designee by requesting a contested case hearing before the administrative law judge pursuant to S.C. Code § 1-23-600 and the rules of procedure for the Administrative Law Judge Division. The request for a hearing must be made within 30 days of receipt of the decision of the County Manager or his or her designee.
(5) A person or entity has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the expense of the affected person or legal entity.
(6) York County may promulgate such rules and regulations as are necessary to carry out the provisions of this section.
(7) No payment received by a person or other legal entity hereunder shall be considered as income or resources for tax purposes or for any purpose related to public assistance received by or due to such person or other legal entity.
(D) No new element of damages in eminent domain created. Nothing in this section shall be construed as creating an element of damage in an eminent domain proceeding.
(Ord. 3604, passed 11-22-04)