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Seattle |
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Municipal Code |
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Title 20. PUBLIC WORKS, IMPROVEMENTS AND PURCHASING |
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SubTitle V. Miscellaneous Provisions |
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Chapter 20.84. RELOCATION ASSISTANCE |
§ 20.84.030. Definitions.
Except as otherwise provided in state and federal statutes and regulations applicable to projects or programs undertaken with State or Federal Financial Assistance, the following definitions apply for the purposes of this chapter:
A.
Acquisition means obtaining fee simple title to real property or fee title subject to retention of a life estate or any right of use and occupancy for life, obtaining an interest in real property pursuant to a lease where the lease term, including options for extension, is 50 years or more, and obtaining permanent easements.
B.
Agency means a non-City entity or a public corporation defined in Chapter 3.110 that undertakes a Program or Project.
C.
Agency Head means the Director or highest administrative official of an Agency having authority over and responsibility for the applicable Program or Project and its costs.
D.
Business means any lawful activity, except a Farm Operation, that is conducted:
1.
Primarily for the purchase, sale, lease, or rental of personal or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property;
2.
Primarily for the sale of services to the public;
3.
Primarily for outdoor advertising display purposes, when the display must be moved as a result of the Project; or
4.
By a Nonprofit Organization that has established its nonprofit status under applicable federal or state law.
E.
City Department Head means the Director or highest administrative official, e.g., the Director of Transportation, Superintendent of Parks and Recreation, or Director of Finance and Administrative Services, among others, of the City Department having authority over and responsibility for the applicable Program or Project and its costs.
F.
City Financial Assistance means a grant, loan or other direct financial contribution provided by the City of Seattle. The following are not considered City Financial Assistance for purposes of this chapter:
1.
A grant, loan or other financial assistance provided by, through or administered by the City from state or federal funds or funds deriving from state or federal funds, such as program income;
2.
A loan guarantee, credit enhancement or similar assurance provided by the City;
3.
Insurance provided by the City;
4.
Any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual; or
5.
Other form of City Financial Assistance that is not a grant, loan or direct monetary contribution.
G.
Comparable Replacement Dwelling means a Dwelling that is:
1.
Decent, safe and sanitary as defined in subsection I of this section;
2.
Functionally equivalent to the displacement Dwelling. A functionally equivalent Dwelling performs the same function and provides the same utility. While a Comparable Replacement Dwelling need not possess every feature of the displacement Dwelling, the principal features must be present. Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a Dwelling may be used. In determining whether a replacement Dwelling is functionally equivalent to the displacement Dwelling, a Department may consider reasonable trade-offs for specific features when the replacement unit is equal to or better than the displacement Dwelling. (For examples, see appendix A, 49 CFR § 24.2(a)(6));
3.
In an area not subject to unreasonable adverse environmental conditions;
4.
In a location generally not less desirable than the location of the displacement Dwelling with respect to public utilities and commercial and public facilities, and reasonably accessible to the Displaced Person's place of employment;
5.
On a site that is typical in size for residential development with normal site improvements, including customary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses;
6.
Currently available to the Displaced Person on the private market, except that a Comparable Replacement Dwelling for a Person receiving government housing assistance before displacement may reflect similar government housing assistance, and any requirements of the government housing assistance program relating to the size of the replacement Dwelling apply; and
7.
Within the financial means of the Displaced Person.
a.
A replacement Dwelling purchased by a homeowner in occupancy at the displacement Dwelling for at least 180 days prior to Initiation of Negotiations (a 180-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full price differential, all increased Mortgage interest costs, and all incidental expenses described in Section 20.84.400, plus any additional amount required to be paid for Replacement Housing of Last Resort under Section 20.84.430.
b.
For a Tenant or Owner-occupant who actually and lawfully occupied the displacement Dwelling for at least 90 days prior to the Initiation of Negotiations (a 90-day occupant), a Comparable Replacement Dwelling is considered to be within the Displaced Person's financial means if, after receiving rental assistance pursuant to Section 20.84.410, the Displaced Person's portion of the monthly rent plus average monthly Utility Costs for the replacement Dwelling do not exceed thirty percent (30%) of the Displaced Person's gross monthly Household Income from all sources.
c.
For a Displaced Person who is not eligible to receive a replacement housing payment due to failure to meet the length of occupancy requirements contained in Sections 20.84.400 or 20.84.410, comparable replacement housing is considered to be within the Displaced Person's financial means if, for a period of 42 months, the Department pays that portion of the monthly housing costs for a replacement Dwelling that exceed thirty percent (30%) of the Displaced Person's gross monthly Household Income from all sources. Such payments must be paid under the provisions for Replacement Housing of Last Resort pursuant to Section 20.84.430.
H.
Contribute Materially means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as the Department determines to be more equitable, a Business or Farm Operation:
1.
Had average annual gross receipts of at least $5,000;
2.
Had average annual net earnings of at least $1,000; or
3.
Contributed at least 33 1/3 % of the Owner's or operator's average annual gross income from all sources.
4.
If the application of the above criteria creates an inequity or hardship in any given case, the Department may approve the use of other criteria it determines appropriate.
I.
Decent, Safe, and Sanitary Dwelling means a Dwelling that meets the applicable standards in the Housing and Building Maintenance Code, Chapter 22.206, is adequate in size to accommodate the occupants, and, for a Displaced Person with a disability, is free of any barriers that would preclude reasonable ingress, egress, or use of the Dwelling by such Displaced Person.
J.
Department means The City of Seattle or any of its subdivisions or instrumentalities, including without limitation, any City office, board, or commission, the City Council and any of its committees, and any public corporation defined in Chapter 3.110, that acquires real property, implements a Project, or conducts a Program (including any Program that provides funding for a Project), that directly causes a Person to become a Displaced Person as defined in this chapter. For purposes of a Project or Program that is not undertaken by a Department, the use of the term "Department" throughout this chapter means "Agency."
K.
Displaced Person.
1.
General. Except as provided in paragraph 2 of this definition, "Displaced Person" means a Person who, as a direct result of any of the following, permanently moves from real property or permanently moves the Person's personal property from real property, and includes a Person who occupies the real property prior to its Acquisition but who does not meet the length of occupancy requirements in Sections 20.84.400 or 20.84.410:
a.
A written Notice of Intent to Acquire the real property in whole or part for a Program or Project;
b.
The Initiation of Negotiations for the purchase of the real property in whole or part for a Program or Project;
c.
The Acquisition of such real property in whole or in part for a Program or Project;
d.
A written notice requiring a Person to vacate real property for the purpose of rehabilitation or demolition of the improvements(s) as part of a Program or Project;
e.
Written Notice of Intent to Acquire, or the Acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the Person conducts a Business or Farm Operation; or
f.
A Voluntary Transaction by an Owner that results in Acquisition of the real property for such a Project or Program and that displaces a Tenant.
2.
Persons not displaced. The following is a nonexclusive listing of Persons who do not qualify as Displaced Persons under this chapter:
a.
A Person who moves before the Initiation of Negotiations, unless the Department determines that the Person was displaced as a direct result of a Program or Project;
b.
A Person who initially enters into occupancy of the property after the date of its Acquisition for the Program or Project;
c.
A Person who has occupied the property for the purpose of obtaining assistance under this chapter, as determined by the Department;
d.
A Person whom the Department determines is not required to relocate permanently as a direct result of the Project or Program (See appendix A, 49 CFR §24.2(a)(9)(ii)(D); or
e.
A Person whom the Department determines is not displaced as a direct result of a partial Acquisition;
f.
A Person who, after receiving a notice of relocation eligibility, is notified in writing that he or she will not be displaced for a Program or Project. Such notice may only be issued if the Person has not moved and the Department agrees to reimburse the Person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility;
g.
A Person who is determined to be in unlawful occupancy or who has been evicted for cause under applicable law, as provided for in Section 20.84.115;
h.
A Person who retains the right of use and occupancy of the real property for life following its Acquisition by the Department;
i.
An Owner-occupant who moves as the direct result of a rehabilitation or demolition of the real property that was neither a part of nor related to the Program or Project;
j.
An Owner-occupant who either voluntarily conveys or moves after voluntarily conveying his or her property, after being informed in writing that if a mutually satisfactory agreement on terms of the conveyance cannot be reached, the Department will not acquire the property (in such cases a Tenant may be a Displaced Person, and any resulting displacement is subject to the requirements of this chapter), and either:
(1)
The Department does not have authority to acquire property by eminent domain and the Department informs the Owner of what it believes to be the market value of the property; or
(2)
The Department has authority to acquire property by eminent domain, but:
(a)
No specific site or property needs to be acquired, although the Department may limit its search for alternative sites to a general geographic area;
(b)
The property to be acquired is not part of an intended, planned, or designated Project area where all, or substantially all, of the property within the area is to be acquired within specific time limits;
(c)
The Department will not acquire the property if negotiations fail to result in an amicable agreement; and
(d)
The Department informs the Owner of what it believes to be the market value of the property.
k.
A Person who occupied nonresidential property pursuant to a lease or rental agreement with a fixed term, the term has expired, and the Person moves as a result of the expiration of the term of the lease or rental agreement.
L.
Dwelling means the place of permanent or customary and usual residence of a Person, as determined by the Department according to local custom or law, including a single family house; a single family unit in a two-family, multi-family, or multipurpose property; a unit of a condominium or cooperative housing project; a non-housekeeping unit; a Mobile Home; or any other fixed or installed residential unit other than a unit customarily used, and currently (although not necessarily immediately) capable of use, for transportation or recreational purposes.
M.
Dwelling Site means a land area that is typical in size for similar Dwellings located in the same neighborhood.
N.
Farm Operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
O.
Federal Financial Assistance means a grant, loan, or other financial contribution provided by the United States (including program income), but does not include a federal loan guarantee, federal credit enhancement, federal insurance, or any interest reduction payment from the federal government to an individual in connection with the purchase and occupancy of a residence by that individual.
P.
Household Income means total gross income received for a 12-month period from all sources (earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment benefits, workers compensation, social security, or the net income from a Business. It does not include income received or earned by dependent children and full time students under 18 years of age. (See Appendix A, 49 CFR §24.2(a)(14) for examples of exclusions to income.)
Q.
Initiation of Negotiations. Unless otherwise specified in this chapter, Initiation of Negotiations means the following:
1.
Whenever the displacement results from the Acquisition of the real property by a Department, Initiation of Negotiations means the date of delivery of the initial written offer by the Department to the Owner or the Owner's representative to purchase the real property for the Program or Project. However, if the Department issues a notice of its intent to acquire the real property, and a Person moves after that notice but before delivery of the initial written purchase offer, the Initiation of Negotiations means the date the Person moves from the property.
2.
Whenever the displacement is caused by rehabilitation, demolition or Acquisition of the real property by a non-City entity for a Project or Program (and there is no Acquisition by a Department), the Initiation of Negotiations means the date of the notice to the Person that he or she will be displaced by the Program or Project or, if there is no notice, the date the Person actually moves from the property.
3.
In the case of permanent relocation of a Tenant as a result of an Acquisition of the property by a Department for a Program or Project through a voluntary conveyance by an Owner-occupant as described in Section 20.84.030 K2j above, the Initiation of Negotiations does not become effective, for purposes of establishing eligibility for relocation assistance for such Tenants under this chapter, until there is a written agreement between the Department and the Owner to purchase the real property.
R.
Mobile Home includes manufactured homes and recreational vehicles used as Dwellings.
S.
Mortgage means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby.
T.
Nonprofit Organization means an organization that is incorporated under the applicable laws of the State as a non-profit organization, and exempt from paying Federal income taxes under section 501 of the Internal Revenue Code (26 U.S.C. § 501 et seq.).
U.
Notice of Intent to Acquire means a Department's written communication that is provided to a Person to be displaced, including those to be displaced by rehabilitation or demolition activities from property acquired prior to the commitment of City Financial Assistance, which clearly sets forth that the Department intends to acquire the property. A Notice of Intent to Acquire establishes the eligibility for relocation assistance prior to the Initiation of Negotiations and/or prior to the commitment of City Financial Assistance.
V.
Owner means a Person who purchases or holds any of the following interests in real property:
1.
Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of Acquisition;
2.
An interest in a cooperative housing project that includes the right to occupy a Dwelling;
3.
A contract to purchase any of the interests or estates described in paragraphs 1 or 2 of this subsection, or
4.
Any other interest, including a partial interest, which in the judgment of the Department warrants consideration as ownership.
W.
Person means any individual, family, partnership, corporation, or association.
X.
Program or Project means an activity or series of activities undertaken by or expected to be undertaken by a Department or with City Financial Assistance in any phase of the undertaking, and without any State or Federal Financial Assistance.
Y.
Small Business means a Business with no more than 500 employees working at the site being acquired or displaced by a Program or Project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a Business for purposes of Section 20.84.320.
Z.
State Financial Assistance means a grant, loan, or other financial contribution provided by the State of Washington, but does not include a State guarantee, State insurance, State credit enhancement or any interest reduction payment from the State to an individual in connection with the purchase and occupancy of a residence by that individual.
AA.
Tenant means a Person who has the temporary use and occupancy of real property owned by another.
BB.
Unlawful Occupant means a Person who has been ordered to move by a court of competent jurisdiction prior to the Initiation of Negotiations, who has been legally evicted, or who occupies property without right, title or payment of rent, with no legal rights to occupy a property under state law. A Department may, at its discretion, consider such a Person to be in lawful occupancy.
CC.
Utility Costs mean expenses for electricity, gas, other heating and cooking fuels, water and sewer.
DD.
Voluntary Transaction means a donation, exchange, market sale, or other type of agreement entered into without compulsion.