§ 20.84.105. Relocation planning, advisory services, and coordination.

A.

Relocation planning. During the early stages of development, Programs or Projects shall be planned in such a manner that the problems associated with the displacement of individuals, families, Businesses, farms, and Nonprofit Organizations are recognized and solutions are developed to minimize the adverse impacts of displacement. Such planning, where appropriate as determined by the Department, shall precede any action by a Department that will cause displacement, and should be scaled to the complexity and nature of the anticipated displacing activity, including an evaluation of Program resources available to carry out timely and orderly relocations. Planning may involve a relocation survey or study that may include the following:

1.

An estimate of the number of households to be displaced including information such as Owner/Tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and Persons with disabilities when applicable.

2.

An estimate of the number of Comparable Replacement Dwellings in the area (including price ranges and rental rates) that are expected to be available to fulfill the needs of those households displaced. When an adequate supply of Comparable Replacement Dwellings is not expected to be available, the Department should consider housing of last resort actions.

3.

An estimate of the number, type, and size of the Businesses, farms, and Nonprofit Organizations to be displaced and the approximate number of employees that may be affected.

4.

An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the Businesses should be considered and addressed. Planning for displaced Businesses that are reasonably expected to involve complex or lengthy moving processes or Small Businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems.

5.

Consideration of any special relocation advisory services that may be necessary and the agencies that will provide them.

B.

Relocation assistance advisory services.

1.

General. The Department shall carry out a relocation assistance advisory program that offers the services described in subsection B2 of this section. If the Department determines that a Person occupying property adjacent to the real property acquired for the Program or Project is caused substantial economic injury because of such Acquisition, it may offer advisory services to such Person.

2.

Services to be provided. The advisory program shall include such measures, facilities, and services as may be necessary or appropriate as determined by the Department, to:

a.

Determine, for nonresidential (Businesses, farm and Nonprofit Organizations) displacement, the relocation needs and preferences of each Business, farm and Nonprofit Organization, to be displaced and explain the relocation payments and other assistance for which the Business may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each Business. At a minimum, interviews with displaced Business owners and operators should include the following items:

(1)

The Business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the Business to accomplish the move.

(2)

Determination of the need for outside specialists in accordance with Section 20.84.300 G.12 that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.

(3)

For Businesses, an identification and resolution of personalty/realty issues. Reasonable efforts must be made to identify and resolve realty/personalty issues prior to, or at the time of, the appraisal of the property.

(4)

An estimate of the time required for the Business to vacate the site.

(5)

An estimate of the anticipated difficulty in locating a replacement property.

(6)

An identification of any advance relocation payments required for the move, and the Department's legal capacity to provide them.

b.

Determine, for residential displacements, the relocation needs and preferences of each Person to be displaced and explain the relocation payments and other assistance for which the Person may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each residential Displaced Person.

(1)

Provide current and continuing information on the availability, purchase prices, and rental costs of Comparable Replacement Dwellings, and explain that the Person cannot be required to move unless at least one Comparable Replacement Dwelling is made available.

(2)

As soon as feasible, the Department shall inform the Person in writing of the specific Comparable Replacement Dwelling, the price or rent used for establishing the upper limit of the replacement housing payment, and the basis for the determination, so that the Person is aware of the maximum replacement housing payment for which the Person may qualify.

(3)

Where feasible, housing shall be inspected prior to being made available to assure that it meets applicable standards. If such an inspection is not made, the Department shall notify the Person to be displaced that a replacement housing payment may not be made unless the replacement Dwelling is subsequently inspected and determined to be Decent, Safe, and Sanitary.

(4)

Whenever possible, minority Persons shall be given reasonable opportunities to relocate to Decent, Safe, and Sanitary replacement Dwellings that are not located in an area of minority concentration and that are within their financial means. This does not require a Department to provide a Person a larger payment than is necessary to enable a Person to relocate to a Comparable Replacement Dwelling.

(5)

The Department shall offer all Persons, transportation to inspect housing to which they are referred.

(6)

Any Displaced Person that may be eligible for government housing assistance at the replacement Dwelling shall be advised of any requirements of such government housing assistance program that would limit the size of the replacement Dwelling, as well as of the long term nature of such rent subsidy, and the limited (42 month) duration of the relocation rental assistance payment.

c.

Provide, for nonresidential moves, current and continuing information on the availability, purchase prices, and rental costs of suitable commercial and farm properties and locations. Assist any Person displaced from a Business or Farm Operation to obtain and become established in a suitable replacement location.

d.

Minimize hardships to Persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate by the Department.

e.

Supply Persons to be displaced with appropriate information, as determined by the Department, concerning federal, state and local housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal, state and local programs offering assistance to Displaced Persons, as well as technical help to Persons applying for such assistance.

C.

Coordination of relocation activities. Relocation activities shall be coordinated with other Project work so that, to the extent feasible, Persons displaced receive consistent treatment and duplication of functions is minimized.

D.

Advisory services for Persons not displaced. Any Person who occupies property acquired by a Department, when such occupancy began subsequent to the Acquisition of the property, and the occupancy is permitted by a short term rental agreement or an agreement subject to termination when the property is needed for a Program or Project, shall be eligible for advisory services, as determined by the Department, even if not eligible for relocation assistance.

(Ord. 121998 , § 10, 2005.)