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RESOLUTION NOo 74-41
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH IMPLEMENTING THE CALIFORNIA RELOCA-
TION ASSISTANCE ACT
Whereas, the California Commission of Housing and Community Development,
under legislative mandate, has developed guidelines for local agencies to use
as guidance for development of local guidelines; and
Whereas, by legislative mandate local agencies must develop and adopt
guidelines which implement the California Relocation Assistance Act at the
local level.
Now, Therefore, It Is Hereby Resolved that the City Council of the City
of Ukiah hereby adopts the following guidelines for implementation of the
California Relocation Assistance Act of 1970.
ARTICLE 1 - GENERAL PROVISIONS
Section 1o Pu_~r_pose and covera~.
a. The purpose of these guidelines is to establish regulations and
procedures implementing Chapter 16, Sections 7260 et. seq. of the Government
Code, Relocation Assistance, hereinafter referred to as the Act, to assure a
uniform policy for the fair and equitable treatment of persons displaced by
programs of the City. All references in these Guidelines to sections or sub-
sections are references to sections or subsections of the Act.
bo In the event of any conflict between these guidelines and the pro-
visions of the Act, or any other applicable law, the statutory provisions are
controlling.
c. It is the intent of the guidelines to establish minimum requirements
for relocation assistance payment by the City. These guidelines shall not be
construed to limit any other authority, which the City may have, to make other
relocation assistance payments, or to make any relocation assistance payment
in an amount which exceeds the maximum amount for such payment authorized by
the Act.
d. The City may, also, make any other relocation assistance payment, or
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may make any relocation assistance payment in an amount which exceeds the maxi-
mum amount for such payment authorized by these guidelines, if the making of
such payment, or the payment in such amount, is required under federal law to
secure federal funds°
Section 2. Initial Procedures.
a. A written notice of displacement must be given by the City to each
individual, family, business, or farm operation to be displaced. Such notice
shall be served personally or by certified (or registered) first-class mail.
b. In order to qualify for benefits under the Act as a displaced person,
either of two conditions must be fulfilled:
(1) The person must have moved (or moved his personal property) as a
result of the receipt of a written notice to vacate which notice may have been
given before or after initiation of negotiations for acquisition of the property
(When negotiations are initiated prior to issuance of a written notice, all
persons contacted by the City should be advised that the benefits of the Act
are available only when the person moves subsequent to receipt of a written
notice); or
(2) The subject real property must in fact have been acquired, in
whole or in part, and the person must have moved as a result of its acquisition
Co In addition, certain of the benefits provided by the Act are available
as follows:
(1) Whenever the acquisition of, or notice to move from, real property
used for a business or farm operation causes any person to move from other real
property used for his dwelling, or to move his personal property from such
other real property, such person shall receive the benefits provided by
Sections 7262(a) and (b) and 7261.
(2) If the City Manager determines that any person occupying property
immediately adjacent to the real property acquired, is caused substantial
economic injury because of the acquisition, he may offer such person relocation
advisory services under Section 7261.
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d. For real property acquisitions under State law, contracts or options
to purchase real property shall not incorporate provisions for making payments
for relocation costs and related items in the Act. Appraisers shall not give
consideration to or include in their real property appraisals any allowances
for the benefits provided by the Act. In the event of condemnation with a
declaration of taking, the estimated compensation shall be determined solely on
the basis of the appraised value of the real property with no consideration
being given to or reference contained therein to the payments to be made under
the Act.
e. Applications for benefits under the Act are to be made within eighteen
months from the date on which the displaced person moves from the real property
acquired or to be acquired; or the date on which the City makes final payment
of all costs of that real property, whichever is the later date° The head of
an agency may extend this period upon a proper showing of good cause.
f. The provisions of the Act apply to the acquisition of all real propert]
for, and the relocation of all persons displaced by projects or programs under-
taken by the City regardless of the source of funds°
Section 3. City's_regulations and procedures.
The City must revise promptly their regulations and procedures to be con-
sistent with guidelines adopted by the Commission of Housing and Community
Development.
Section 4. Review of activities for compliance with the Act.
The City Manager shall provide for periodic review of all programs to in-
sure compliance with the provisions of the Act.
Section 5. Public information.
The City Manager must make available to the public full information con-
cerning the City's relocation programs and he shall insure that persons to be
displaced are fully informed, at the earliest possible time, of such matters
as ~available relocation payments and assistance; the specific plans and pro-
cedures for assuring that suitable replacement housing will be available for
homeowners and tenants, in advance of displacement; the eligibility require-
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ts and procedures for obtaining such payments and assistance; and the right
of administrative review by the City Manager.
ARTICLE 2 - ASSURANCE OF ADEQUATE REPLACEMENT HOUSING PRIOR TO DISPLACEMENT
Section 1. Assurance of availabilitX.
a. Availability. The City shall not proceed with any phase of a project
will cause the displacement of any person until the City has determined
that within a reasonable period of time prior to displacement, there will be
available on a basis consistent with the requirements of Title VIII of the Civil
Rights Act of 1968 (PoL. 90-284), in areas not generally less desirable in re-
gard to public utilities and public and commercial facilities and at rents or
prices within the financial means of the families and individuals displaced,
decent, safe and sanitary dwellings, equal in number to the number of, and
available to, such displaced persons who require such dwellings and reasonably
accessible to their places of employment.
b. S__U_~o The determination should be based on a current survey and
analysis of available replacement housing by the City. Such survey and analysis
must take into account the competing demands on available housing.
c. Waiver° Pursuant to Section 7261(c) (3) of the Act, the City Manager
may prescribe by regulations situations where the determination described in
section la of this article may be waived. These should be limited only to
emergency or other extraordinary situations where immediate possession of real
property is of crucial importance° Each waiver of assurance of replacement
housing shall be supported by appropriate findings and a determination of the
necessity for the waiver.
d. Standards for decent, safe, and sanitary d~elli~.
(a) A decent safe, and sanitary dwelling is one which meets all of
the following minimum requirements° Adjustments may be made only in the cases
of unusual circumstances or in unique geographic areas.
(1) Conforms with all applicable provisions for existing struc-
tures that have been established under State or local building, plumbing,
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electrical, housing and occupancy codes and similar ordinances or regulations.
(2) Has a continuing and adequate supply of potable safe water.
(3) Has a kitchen or an area set aside for kitchen use which con-
tains a sink in good working condition and connected to hot and cold water,
and an adequate sewage system. A stove and refrigerator in good operating con-
dition shall be provided when required by local code, ordinances or custom.
When these facilities are not so required by local codes, ordinances, or custom
the kitchen area or area set aside for such use shall have utility service
connections and adequate space for the installation'of such facilities.
(4) Has an adequate heating system in good working order which
will maintain a minimum temperature of 70 degrees in the living area, excluding
bedrooms, under local outdoor design temperature conditions. A heating system
will not be required in those geographical areas where such is not normally
included in new housing.
(5) Has a bathroom, well-lighted and ventilated and affording
privacy to a person within it, containing a lavatory basin and a bathtub or
stall shower, properly connected to an adequate supply of hot and cold running
water, and a flush closet, all in good working order and properly connected to
a sewage disposal system.
(6) Has an adequate and safe wiring system for lighting and
other electrical services.
(7) Is structurally sound, weathertight, in good repair and
adequately maintained.
(8) Each building used for dwelling purposes shall have a safe
unobstructed means of egress leading to safe open space at ground level° Each
dwelling unit in a multi-dwelling building must have access either directly or
through a common corridor to a means of egress to open space at ground level.
In Multi-dwelling buildings of three stories or more, the common corridor on
each story must have at least two means of egress°
(9) Has 150 square feet of habitable floor space for the first
occupant in a standard living unit and at least 100 square feet of habitable
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floor space for each additional occupant. The floor space is to be subdivided
into sufficient rooms to be adequate for the family° Ail rooms must be ade-
quately ventilated. Habitable floor space is defined as that space used for
sleeping, living, cooking or dining purposes, and excludes such enclosed
places as closets, pantries, bath or toilet rooms, service rooms, connecting
corridors, laundries, and unfinished attics, foyers, storage spaces, cellars,
utility rooms and similar spaces.
(b) A decent, safe and sanitary sleeping room is one which includes
the minimum requirements contained in paragraph (a), subparagraphs (2), (4),
(5), (6), (7), and (8) of this section and the following:
(1) At least 100 square feet of habitable floor space for the
first occupant and 50 square feet of habitable floor space for each additional
occupant.
(2) Lavatory bath and toilet facilities that provide privacy,
including a door that can be locked if such facilities are separate from the
room.
(c) A decent, safe and sanitary mobile home is one which includes
the minimum requirements contained in paragraph (a), subparagraphs (2), (3),
(4), (5), (6), (7), (8), and (9) of this section except that it may have 70
square feet of habitable floor space for each additional occupant, and the
following:
(1) Bears the insignia of approval issued by the State of
California, Department of Housing and Community Development, pursuant to the
California Health and Safety Code, except those manufactured prior to
September 1, 1958.
Section 2. Housing__~ided_ as a last resort.
When it is determined that adequate replacement housing is not avail-
able and cannot otherwise be made available, the City Manager may take action
to develop replacement housing. Such action for replacement housing will be
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guided by the criteria and procedures issued by the Secretary of Housing and
Urban Development in accordance with the provision concerning Section 206(a)
of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970
(P.L. 91-646).
ARTICLE 3 - MOVING AND RELATED EXPENSES
Section 1. E li_~b ~l~t~.
a. Any displaced person (including one who conducts a business or farm
operation), is eligible to receive a payment for moving expenses° A person who
lives on his business or farm property may be eligible for both moving and re-
lated expenses as a dwelling occupant in addition to being eligible for payments
with respect to displacement from a business or farm operation.
b. Any person who moves from real property or moves his personal property
from real property: 1) as a result of the acquisition of such real property in
whole or part, or 2) as a result of a written notice from the City to vacate
real property, or 3) as a result of written notice from the City to vacate,
other real property on which such person conducts a farm or business, is eli-
gible to receive a payment for moving expenses.
Section 2. Actual reasonable expenses in moving.
a. Allowable movin~_~xpenses·
(1) Transportation of individuals, families, and personal property
from the acquired site to the replacement site, not to exceed a distance of 50
miles, except where the City determines that relocation beyond this 50-mile are~
is justified.
(2) Packing, and unpacking, crating and-uncrating of personal
property.
(3) Advertising for packing, crating, and transportation when the
City determines that it is necessary.
(4) Storage of personal property for a period generally not to exceed
six months when the City determines that storage is necessary in connection
with relocation.
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(5) Insurance premiums covering loss and damage of personal property
while in storage or transit.
(6) Removal, reinstallation, reestablishment, including such modifi-
cation as deemed necessary by the public agency of, and reconnection of utili-
ties for, machinery, equipment, appliances, and other items, not acquired as
real property. Prior to payment of any expenses for removal and reinstallation
of such property, the displaced person shall be required to agree in writing
that the property is personalty and that the City is released from any payment
for the property.
(7) Property lost, stolen, or damaged (not caused by the fault or
negligence of the displaced person, his agent or employees), in the process
of moving, where insurance to cover such loss or damage is not available.
b. Limitations.
(1) When the displaced person accomplishes the move himself, the
amount of payment shall not exceed the estimated cost of moving co~nercially,
unless the City Manager determined a greater amount is justified.
(2) When an item of personal property which is used in connection
with any business or farm operation is not moved but sold and promptly replaced
with a comparable item, reimbursement shall not exceed the replacement cost
minus the proceeds received from the sale, or the estimated costs of moving,
whichever is less.
(3) When personal property which is used in connection with any
business or farm operation to be moved is of low value and high bulk, and the
cost of moving would be disproprportionate in relation to the value, in the
judgment of the City Manager the reimbursement for the expense of moving the
personal property shall not exceed the difference between the amount which
would have been received for such item on liquidation and the cost of replacing
the same with a comparable item available on the market° This provision will
be applicable in the case of moving of junk yards, stockpiled sand, gravel,
minerals, metals and similar type items of personal property.
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(4) If the cost of moving or relocating an outdoor advertising dis-
play or displays is determined to be equal to or in excess of the in place
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or displays as a part of the real property, unless such acquisition is pro-
hibited by State law.
Section 3. Nonallowable__ moving_e~xpenses and losses.
a. Additional expenses incurred because of living in a new location.
b. Cost of moving structures or other improvements in which the dis-
placed person reserved ownership except as otherwise provided by law.
c. Improvements to the replacement site, except when required by law.
d. Interest on loans to cover moving expenses.
e. Loss of good-will.
f. Loss of profits.
g. Loss of trained employees.
h. Personal injury.
i. Cost of preparing the application for moving and related expenses°
j. Payment for search cost in connection with locating a replacement
dwe 1 ling.
Section 4. E_~penses in searching for replacement business or farm.
a. Allowable.
(1) Actual travel costs.
(2) Extra costs for meals and lodging.
(3) Time spent in searching at the rate of the displaced person's
salary or earnings, but not to exceed $10 per hour.
(4) In the discretion of the City, necessary broker, real estate or
other professioaal fees to locate a replacement business or farm operation
under circumstances prescribed in these regulations.
b. Limitation. The totalamount a displaced person may be paid for
searching expenses may not exceed $500 unless the City Manager determines that
a greater amount is justified based o'm the circumstances involved°
Section 5. Actual direct losses bX business or farm operation. When the dis-
placed person does ~mot move personal property, he should be required to make a
bona fide effort to sell it, and should be reimbursed for the reasonable costs
incurred.
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a. When the business or farm operation is discontinued, the displaced
person is entitled to the difference between the fair market value of the
personal property for continued use at its location prior to displacement and
the sale proceeds, or the estimated costs of moving 50 miles whichever is
less.
b. When the personal property is abandoned, the displaced person is en-
titled to payment for the fair market value of the property for continued use
at its location prior to displacement or the estimated cost of moving 50 miles
whichever is less.
c. The cost of removal of the personal property shall not be considered
as an offsetting charge against other payments to the displaced person.
ARTICLE 4 - PAYMENTS IN LIEU OF MOVING AND RELATED EXPENSES
Section 1. Dwellings - schedules.
a. Section 7262(b) provides that at the option of the displaced person
he may receive a moving expense allowance not to exceed $300 based on schedules
established by the City Manager. Moving allowance schedules maintained by the
State Highway Department should be used as the basis for the agency's schedules
In addition, a displaced person shall receive a dislocation allowance of $200.
b. A displaced person, who elects to receive a payment based on a
schedule, shall be paid under the schedule used in the jurisdiction in which
the displacement occurs regardless of where he relocates.
Section 2. Businesses -_~li_~ibilit_Jio
a. A person displaced from his business, as defined in Section 7260(d)
is eligible under Section 7262(c) to receive a fixed payment in lieu of moving
and related expenses. Care must be exercised, in each instance, however, to
assure that such payments are made only in connection with a bona fide business
The City shall, by regulation, prescribe appropriate criteria for a determina-
tion that a given activity does, in fact, constitute a bona fide business°
b. Those businesses described in Section 7260(4) are not eligible under
Section 7262(c) for a payment in lieu of moving and related expenses.
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c. Where a displaced person is displaced from his place of business, no
payment shall be made under Section 7262(c) until after the City Manager deter-
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mines (1) that the business is not part of a commercial enterprise having at
least one other establishment not being acquired, which is engaged in the same
or similar business, and (2) that the business cannot be relocated without a
substantial loss of existing patronage. The determination of loss of existing
patronage shall be made by the City only after consideration of all pertinent
circumstances, including but not limited to, the following factors:
(1) The type of business conducted by the displaced concern.
(2) The nature of the clientele of the displaced concern.
(3) The relative importance of the present and proposed location to
the displaced business and the availability of a suitable replacement location
for the displaced person.
Section 3. Farms - ~artial taking. Where a displaced person is displaced from
only a part of his farm operation, the fixed payment provided by Section 7262
(c) shall be made only if the City determines that the 'farm met the definition
of a farm operation prior to the acquisition and that the property remaining
after the acquisition can no longer meet the definition of a farm operation.
Section 4. No~rofit organization° Where a nonprofit organization is displace
no payment shall be made under Section 7262(c) until after the City Manager
determines:
a. That the nonprofit organization cannot be relocated without a sub-
stantial loss of its existing patronage. The term "existing patronage" as
used in connection with nonprofit organizations includes the persons, comm~nity
or clientele served or affected 'by the activities of the nonprofit organization
bo That the nonprofit organization is not part of a co~nercial enter-
prise having at least one other establishment not being acquired which is en-
gaged in the same or similar activity.
Section 5. Net earnin_~. The term "average annual net earnings" as used
in Section 7262(c) means one-half of any net earnings of the business or farm
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operation, before Federal, State, and local income taxes, during the two tax-
able years immediately preceding the taxable year in which such business or
farm operation moves from the real property acquired for such project, or dur-
ing such other period as the City Manager determines to be more equitable for
establishing such earnings, and includes any compensation paid by the business
or farm operation to the owner, his spouse or his dependents during such period
If a business or farm operation has no net earnings, or has suffered losses
during the period used to compute "average annual net earnings" it may never-
theless receive the $2,500 minimum payment authorized by such Section.
Section 6. Amount of Business Fixed Pa me~o The fixed payment to a person
displaced from a farm operation or from his place of business, including non-
profit organizations, shall be in an amount equal to the average annual net
earnings of the business or farm operation, except that such payment shall not
be less than $2,500 nor more than $10,000.
ARTICLE 5 - REPLACEMENT HOUSING PAYMENT FOR
HOMEOWNERS
Section 1. ~ibilit~.
a. A displaced o~er-occupant is eligible for a replacement housing pay-
ment, authorized by Section 7263, not to exceed $15,000, if he meets both of
the following requirements:
(1) Actually owned and occupied the acquired dwelling from which
displaced for not less than 180 days prior to the initiation of negotiations
for the property. The term "initiation of negotiations" means the day on
which the City makes the first personal contact with the property owner or his
representative and furnishes him with a written offer to purchase the real
property°
(2) Purchases and occupies a replacement dwelling, which is decent,
safe, and sanitary, not later than the end of the one-year period beginning on
the date on which he receives from the City the final payment of all costs of
the acquired dwelling, or on the date on which he moves from the acquired
dwelling, whichever is the later date.
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b. A displaced o~r~er-occupant of a dwelling who is determined to be in-
eligible under this chapter may be eligible for a replacement housing payment
under Article 6,
Section 2. Co_~arable reRlacement dwelling. For the purposes of rendering re-
location assistance by making referrals for replacement housing and for computa
tion of the replacement housing payment, a comparable replacement dwelling is
one which is decent, safe, and sanitary and:
a. Functionally equivalent and substantially the same as the acquired
dwelling, but not excluding newly constructed housing.
b. Adequate in size to meet the needs of the displaced family or in-
dividual. However, at the option of the displaced person, a replacement dwell-
ing may exceed his needs when the replacement dwelling has the same number of
rooms or the equivalent square footage as the dwelling from which he was dis-
placed.
c. Open to all persons regardless of race, color, religion, or national
origin, consistent with the requirements of the Civil Rights Act of 1964 and
Title VIII of the Civil Rights Act of 1968.
d. Located in an area not generally less desirable than the one in
which the acquired dwelling is located, with respect to:
(1) Neighborhood conditions, including but not limited to municipal
services and other environmental factors.
(2) Public utilities, and
(3) Public and co~nercial facilities.
e. Reasonably accessible to the displaced person's place of employment
or potential place of employment.
f. Within the financial means of the displaced family or individual.
g. Available on the market to the displaced person.
h. If housing meeting the requirements of section 2 of this article is
not available on the market, the City Manager may, upon a proper finding of
the need therefor, consider available housing exceeding these basic criteria.
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Section 3. ~omputation of replacement housing payme~to The replacement
housing payment of not more than $15,000 comprises the following:
a. Differential_pa~me~nts for replacement housing. The City Manager may
determine the amount which, if any, when added to the acquisition cost of the
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dwelling acquired by the displacing agency, is necessary to purchase a compar-
able replacement dwelling by either establishing a schedule or by using a com-
parative methOd.
(1) Schedule method° The City may establish a schedule of reasonable
acquisition costs for comparable replacement dwellings of the various types of
dwellings to be acquired and available on the private market. The schedule
shall be based on a current market analysis sufficient to support determination:
of the amount for each type of dwelling to be acquired. When more than one
public agency is causing displacement in a community or an area, the heads of
the agencies concerned shall coordinate the establishment of the schedule for
replacement housing payments.
(2) C_om_~parative method. The City may determine the price of a com-
parable replacement dwelling by selecting a dwelling or dwellings most repre-
sentative of the dwelling unit acquired, available to the displaced person,
and which meets the definition of comparable replacement dwelling. A single
dwelling shall be used only when additional comparable dwellings are not avail-
able.
(3) Alternate method. The City Manager may develop criteria for
computing replacement housing payments when neither the schedule method nor
the comparative method is feasible.
(4) Limitations. The amount established as the differential payment
for the replacement ho~sing sets the upper limit of this payment.
(a) If the displaced person voluntarily purchases and occupies
a decent, safe, and sanitary dwelling at a price less than the above, the com- '
parable replacement housing payment will be reduced to that amount required to
pay the difference between the acquisition price of the acquired dwelling and
the actual purchase price of the replacement dwelling.
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(b) If the displaced person voluntarily purchases and occupies
a decent, safe, and sanitary dwelling at a price less than the acquisition
price of the acquired dwelling, no differential payment shall be made.
b. Interest payment. T'he City Manager shall determine the amount, if
any, necessary to compensate a displaced person for any increased interest
costs, including points paid by the purchaser. Such amount shall be paid only
if the acquired dwelling was encumbered by a bona fide mortgage. The following
shall be considered:
(1) The payment shall be equal to the excess in the aggregate inter-
est and other debt service costs of that amount of the principal of the mort-
gage on the replacement dwelling which is equal to the unpaid balance of the
bona fide mortgage on the acquired dwelling, at the time of acquisition, over
the remainder term of the mortgage on the acquired dwelling, reduced to dis-
counted present value°
(2) The discount rate shall be the prevailing interest rate paid on
savings deposits by commercial banks in the general area in which the replace-
ment dwelling is located.
(3) A '"bona fide mortgage" is one which was a valid lien on the
acquired dwelling for not less than 180 days prior to the initiation of nego-
tiations.
c. Incidental expenses.
(1) The City Manager shall determine the amount, if any, necessary
to reimburse a displaced person for actual costs incurred by him incident to
the purchase of the replacement dwelling (but not including prepaid expenses)
such as:
(a) Legal, closing and related costs including title search,
preparing conveyance instruments, notary fees, surveys, preparing plats, and
charges incident to recordation.
(b) Lenders', FHA or VA, appraisal fees.
(c) FHA application fee.
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(d) Certification of structural soundness when required by
lender, FHA or VA.
(e) Credit report.
(f) Title policies or abstracts of title°
(g) Escrow agent's fee.
(h) State revenue stamps or sale or transfer taxes.
(2) No fee, cost, charge, or expense is reimbursable which is deter-
~ i! ho.using;
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(2) The mobile home is placed in a fixed location-
(a) In a mobile home park which is licensed and operating under
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mined to be a part of the finance charge under the Truth in Lending Act, Title
I, Public Law 90-321, and Regulation "Z" (12 CFR Part 226) issued pursuant
thereto by the Board of Governors of the Federal Reserve System. Loan service
fee (not to exceed 1%) and origination or discount points are an eligible ex-
pense if such fees are normal to real estate transactions in the area.
Section 4. A~uisition of Mobile Homes.
City may purchase mobile homes where:
(1) The structural condition of the mobile home is such that it
cannot be moved without substantial damage or unreasonable cost; or
(2) The mobile home is not considered to be a decent, safe and
sanitary dwelling unit as defined in section l(d) of Article 2.
Section 5. Partial Acquisition of Mobile Home Park.
Where the City determines that a sufficient portion of a mobile home
park is taken to justify the operator of such park to move his business or go
out of business the owners and occupants of 'the mobile home dwellings not with-
in the actual taking but who are forced to mo~e shall be eligible to receive
the same payments as though their dwellings were within the actual taking.
Section 6. Mobile Homes as Re£1acement Dwellin~So
A mobile home may be considered a replacement dwelling provided:
(1) The mobile home meets standards of decent, safe and sanitary
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(b) In a mobile home subdivision wherein the displaced person
owns the lot on which the mobile home is placed; or
(c) On real property owned or leased by the displaced person in
other than a mobile home subdivision, provided such placement is in accordance
with State and local laws or ordinances and provided such placement was made
under permit from the State or local agency.
Section 7. Co_m~putation on Next Highest Type.
WheNa comparable mobile home is not available it will be necessary to
calculate the replacement housing payment on the basis of the next highest type
of dwelling that is available and meets the applicable requirements and stand-
ards, i.e., a higher type mobile home or a conventional dwelling.
(1) "Not available" as used in this subsection includes, but is not
limited to, those cases where mobile homes cannot be relocated in mobile home
parks within a reasonable distance from the place of dislocation because of
lack of available spaces or because of the standards and rules of the mobile
home parks where spaces are available.
Section 8o General Provisions.
The general provisions for moving expenses and replacement housing pay-
ments of this Article are also applicable to owuers and tenants of mobile
home s.
Section 9. Moving Expenses for Mobile Homes.
(a) General°
The eligibility requirements of section 3 and the provisions of
sections 5 and 6 are applicable to owners and occupants displaced from a
mobile home.
ARTICLE 6 - REPLACEMENT HOUSING PAYMENTS
FOR TENANTS AND CERTAIN OTHERS
Section 1. Eligibilit~y.
a. A displaced tenant or owner-occupant of a dwelling for less than
180 days is eligible for a replacement housing payment not to exceed $4,000,
as authorized by Section 7264, if he meets both of the following requirements:
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(1) Actually occupied the dwelling for not less than 90 days prior
to the initiation of negotiations for acquisition of the property. The term
"initiation of negotiations" means the day on which the City makes the first
personal contact with the property owner or his representative and furnishes
him with a written offer to purchase the real property° Tenants and other
persons occupying the property shall be advised when negotiations for the
property are initiated with the owner thereof.
(2) Is not eligible to receive a payment under Section 7263.
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~9 ii not to exceed $4,000, which shall be determined by subtracting from the amount
~-0 which the tenant actually pays for a replacement dwelling or, if lesser, the
2~ amount determined by the State as necessary to rent a comparable dwelling; or
~ if he purchases replacement housing within one year from displacement, he is
b. An owner-occupant of a dwelling for not less than 180 days prior to
the initiation of negotiations is eligible for a replacement housing payment as
a tenant, as authorized by Section 7264, when he rents a decent, safe and sani-
tary replacement dwelling instead of purchasing and occupying a replacement
dwelling, which is decent, safe, and sanitary not later than the end of the one-~
year period beginning on the date on which he receives from City final payment
for all costs for the acquired dwelling, or on the date on which he moves from
the acquired dwelling, whichever is the later date.
Section 2. Computation of replacement housing payments for displaced tenants.
A displaced tenant is eligible for a rental replacement housing payment,
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eligible for a down payment including expenses incidental to closing not to
exceed $4,000.
a. Rental replacement housings_payment. The City Manager may determine
the amount necessary to rent a comparable replacement dwelling by either
establishing a schedule or by using a comparative method.
(1) Schedule method. The City may establish a rental schedule for
renting comparable replacement dwellings as described in section 2, Article 5
and which are available in the private market for the various types of dwelling
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to be acquired. The payment shall be computed by determining the amount
necessary to rent a comparable replacement dwelling for four years (the average
monthly cost from the schedule) and subtracting from such amount forty-eight
times the average month's rent. paid by the displaced tenant in the last three
months prior to initiation of negotiation if such rent was reasonable. The
City may prescribe circumstances which may dictate the use of economic rather
than actual rent paid by the displaced tenant. For purposes of these Guide-
lines, economic rent is defined as the amount of rent the displaced tenant
would have had to pay for a comparable dwelling unit in an area similar to the
neighborhood in which the dwelling unit to be acquired is located. The schedul~
should be based on current analysis of the market to determine the amount of
each type of dwelling required. When more than one public agency is causing
the displacement in a community or an area, the agency heads shall cooperate
in choosing the method for computing the replacement housing payment and shall
use uniform schedules of average rental housing in the community or area.
(2) Comparative method. The City may determine the average month's
rent by selecting one or more dwellings most representative of the dwelling
unit acquired, which is available to the displaced person and meets the defini-
tion of a comparable replacement dwelling as described insection 5 of article
5. The payment should be computed by determining the amount necessary to rent
a comparable replacement dwelling for four years and subtracting from such
amount forty-eight times the average month's rent paid by the displaced tenant
in the last three months prior to initiation of negotiations, if such rent was
reasonable, q~he City may prescribe circumstances which may dictate the use of
economic rather than actual rent paid by the displaced tenant.
(3) Exceptions. The City Manager may establish the average month's
rent paid by the displaced person by using more than three months, if he deems
it advisable. If rent is being paid to the City, economic rent shall be used
in determining the amount of the payment to which the displaced tenant is en-
titled.
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(4) Alternate to (1) and (2) above. When neither method is feasible
the City Manager shall develop criteria for computing the payment.
b. Purchases - replacement housing pay~ent. If the tenant elects to
purchase instead of renting, the payment shall be computed by determining the
amount necessary to enable him to make a down payment and to cover incidental
expenses on the purchase of replacement housing, as follows:
(1) The down payment shall be the amount necessary to make a down
payment on a comparable replacement dwelling. Determination of the amount
necessary for such down payment shall be based on the amount of down payment
that would be required for purchase of the dwelling using a conventional loan.
(2) Incidental expenses of closing the transaction are those as
described in Section 3c of Article 5.
(3) The maximum payment may not exceed $4,000, except that if more
than $2,000 is required, the tenant must match any amount in excess of $2,000
by an equal amount in making the down payment.
(4) The full amount of the replacement housing payment must be
applied to the purchase price and incidental costs shown on the closing state-
ment.
Section 3. Computation of replacement housing_payments for certain others.
a. A displaced owner-occupant who does not qualify for a replacement
housing payment under Chapter 5 because of the 180-day occupancy requirement
and elects to rent is eligible for a rental replacement housing payment not to
exceed $4,000. The payment will be computed in the same manner as shown in
Sec. 2a,Art. 6 except that the present rental rate for the acquired dwelling
shall be economic rent as determined by market data.
b. A displaced owner-occupant who does not qualify for a replacement
housing payment under Article 5 because of the 180-day occupancy requirement
and elects to purchase a replacement dwelling is eligible for a replacement
housing down payment and closing costs not to exceed $4,000. The payment will
be computed in the same manner as shown in section 2b of this article.
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b. A displaced owner-occupant who does not qualify for a replacement
housing payment under Article 5 because of the 180-day occupancy requirement
and elects to purchase a replacement dwelling is eligible for a replacement
ho~sing down payment and closing costs not to exceed $4,000. The payment will
be computed in the same manner as shown in section 2b of thie article.
ARTICLE 7 - RELOCATION ASSISTANCE ADVISORY
SERVICES
Section 1. Relocation assistance advisory program. Under Section 7261, the
City Manager shall require a relocation assistance advisory program for persons
displaced as a result of programs or projects. Each relocation assistance ad-
visory program shall include such measures, facilities, or services as may be
necessary or appropriate to perform all of the tasks detailed in Section
7261(c).
Section 2. Coordination of planned relocation activities.
a. Coordination. When two or more public agencies contemplate displace-
ment activities in a given community or area, the heads of the respective
agencies responsible for the planned activities shall require that appropriate
channels of communication be established 'between the agencies for the purpose
of planning relocation activities and coordinating available housing resources.
The public agencies causing displacement shall designate at least one repre-
sentative who will meet periodically with the representatives of other Federal,
State and local agencies to review the impact of their respective programs on
the community or area.
bo Local coordination. To further insure maximum coordination of re-
location activities in a given community or area, each displacing public agency
shall consult appropriate local officials before approving any proposed project~
[
in the community, consistent with the requirements of the procedures promulgate~
by the Office of Management and Budget Circular A-95 (Revised).
Section 3. Contractin~ for relocation services.
a. Contracting with central relocation ase~c~. The City Manager shall
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consider contracting with the central relocation agency in a community or area
for the purpose of carrying out its relocation activities.
bo Contracting with others. When a centralized relocation agency is not
available in a community or if in the judgment of the City the centralized
agency does'not have the capacity to provide the necessary services, within the
time required by the City's program, the City may contract with another public
agency or a private contractor who can provide the necessary relocation
services.
ARTICLE 8 - GRIEVANCE PROCEDURE
Section 1. Right of review.
Any person aggrieved 'by a determination as to eligibility for, or the
amount of, a payment under the regulations in this part, may have his claim
reviewed and reconsidered by the City Manager or his authorized designee
(other than the person who made the determination in question) in accordance
with the procedures set forth in this section as supplemented by such procedure~
as the City shall have established for such review and reconsideration. Any
person or class of persons may seek review and revision of any schedule with
respect to payments under the regulations in this part.
Section 2. Notification to claimant.
If the City denies the eligibility of a claimant for a payment or dis-
approves the full amount claimed or refuses to consider the claim on its merits
because of untimely filing or any other ground, the City's notification to the
claimant of its determination shall inform the claimant of its reasons therefor
and shall also inform the claimant of the applicable procedures for obtaining
review of this determination.
Section 3. ~equest for review.
a. General. Any person who has a right to seek review may request the
City to provide him with a full written explanation of its determination and
the basis therefor if he feels that the explanation accompanying the payment
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of his claim or notice of the City's determination was incorrect or inadequate.
The City shall provide such an explanation to the claimant within 15 days of
its receipt of claimant's request.
b. Time limits for filing written request for review.
(1) A claimant desiring review and reconsideration of the City's
determination shall file a written request for the review with the City either
(a) within 6 months of the City's notification to the claimant of its deter-
mination or (b) prior to final closeout of the project which caused the dis-
placement, whichever is earlier, but in no event less than 30 days following
the City's notification to the claimant of its determination.
c. The written request for review. The claimant may include in his
request for review any statement of fact within his knowledge or belief, or
other material which he feels has a bearing on his appeal. If the claimant
requests more time to gather and prepare additional material for consideration
or review and ,demonstrates a reasonable basis therefor, he may be granted 30
days from the date of his request for review. If the claimant feels he is un-
able to prepare the written claim, the Ci!~y shall offer to provide assistance
to the claimant and further notify the claimant of other available sources of
assistance o
d. Oral presentation. Upon request of the claimant, the City shall
afford him an opportunity to make an oral presentation. The claimant may be
represented by an attorney or other person of his choosing. This oral presenta~
tion shall enable the claimant to discuss his claim with the City Manager or a
designee other than the person who made the initial determination having the
authority to revise the initial determination on the claim. The City shall
make a summary of the matters discussed in the oral presentation and it shall
be included as part of its file.
Section 4. Public a~ency_review.
a. General. The City shall consider the request for review and shall
make a determination as to whether a modification is necessary. This review
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should be conducted by the City Manager or his authorized designee (other than
the person who made the determination). A designee must have the authority to
revise the initial determination of the claim and any determination reached
pursuant to an oral presentation. The City shall consider every complaint re-
gardless of form.
b. Scol~e of review. The City shall review and reconsider its initial
determination of the claimant's case in light of:
(1) Ail material upon which the City based its original determinatior
including all applicable rules and regulations;
(2) The reasons given by the claimant for requesting review and re-
consideration of his claim;
(3) Whatever additional written material has been submitted by the
claimant; and
(4) Any further information which the City may, in its discretion,
obtain by request, investigation, or research, to insure fair and full review
of the claim.
c. Determination on review by City_. The final determination on review
by the City shall include, but is not limited to:
(1) The City's decision on reconsideration of the claim;
(2) The factual and legal basis upon which its decision is based,
including any pertinent explanation or rationale;
d. Time limits.
(1) The City shall issue its determination of review within 30 days
from receipt of the last material submitted for consideration by the claimant.
(2) In the case of complaints dismissed for untimeliness or for any
other reason not based on the merits of the claim, the City shall issue a
statement as to why the complaint was dismissed to the claimant.
Section 5. Recommendations_ by third party_.
Upon agreement between the claimant and the City, a m~atually acceptable
third parer or parties may review the claim and make advisory recommendations
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thereon to the City Manager for its final determinatim. In reviewing the claim
and making recommendations to the City Manager, the third party or parties
should be guided by the provisions of the requirements of these sections.
Section 6. Review of files b_z claimant.
Except for confidential material and except to the extent specifically
prohibited 'by law, the City shall permit the claimant to inspect all files and
records bearing upon his claim or the prosecution of his grievance. The City
may, however, impose reasonable conditions on the claimant's right to inspect.
Section 7. Effect of determination on other persons.
The principles established in all determinations by the City shall be
applied to all similar cases regardless of whether or not a person has filed a
written request for review.
Section 8. Construction of rules and regulations.
This section and all applicable rules and regulations on which City deter-
minations are based, shall be 'liberally coznstrued so as to fulfill the statu-
tory purpose as declared in the Act of "fair and equitable treatment" in order
that displaced persons "not suffer disproportionate injuries as a result of
programs designed for the benefit of the public as a whole."
Section 9. _Right to counsel.
Any aggrieved party has a right to representation by legal or other
counsel at his own expense at any and all stages of the proceedings set forth
in these sections.
Section 10. Judicial review.
Nothing in this section shall in any way preclude or limit a claimant
from seeking judicial review or receiving a fair and impartial consideration
of his claim on its merits upon exhaustion of such administrative remedies as
are available to him under this section.
ARTICLE 9 - UNIFORM REAL PROPERTY ACQUISITION
POLICY
Sectionl. A~uisition procedures.
a. Just compensation. Section 7267.2 establishes the policy that, be-
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fore initiation of negotiations for the acquisition of real property, the City
Manager shall establish an amount which he believes to be just compensation
therefor. In no event shall such amount be less than the agency's approved
appraisal of the fair market value of the property.
b. Incidental expenses incurred by_displaced owner selling to acquiri~
public ag~qc_~. Compensation for real property shall include recording fees,
transfer taxes and prepayment penalties on existing liens and other similar
expenses incidental to conveying such real property to the City.
c. Initiation of negotiations.
(1) Statement to be furnished owner. When negotiations for the
acquisition of real property are initiated, the owner shall be provided with a
written statement concerning the proposed acquisition. This statement shall in-
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clude, as a minimum the following:
(a) Identification of the real property and the estate or in-
terest therein to be acquired including the buildings, structures, and other
improvements on the land, as well as the fixtures considered to be a part of
the real property, and
(b) The amount of the estimated just compensation for the
property to be acquired, as determined by the City, and a statement of the basi
therefor. In the case of a partial taking, damages, if any, to the remaining
real property shall be separately stated.
(2) Offer to purchase. The City Manager shall make a prompt offer
to purchase the property for the amount contained in the statement.
Section 2. ~pP~ai~.pal standards. For the purpose of promoting uniformity under
Section 7267.2, the City Manager shall establish, for all programs under his
jurisdiction, standards for appraisals used in such programs, criteria for
determining the qualifications of appraise~, and a system of review by quali-
fied appraisers.
Section 3. Notice to move. Section 7267°3 provides that, to the greatest ex-
tent practicable, no person lawfully occupying real property shall be required
to move from a dwelling or to move his business or farm operation without at
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least 90 days written notice from the City of the date by which such move is
required.
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ARTICLE 10 - DEFINITION
Section 1. Affected_~lopert~v~. Affected property means any real property which
actually declines in fair market value because of acquisition by the City for
public use of other real property a~a change in the use of the real property
acquired by the City.
Section 2. Average annual net earnin~. The net earnings of the business or
farm operation before Federal, State, and local income tax, during the 2 tax-
able years immediately preceeding displacement (or if the business or farm was
not operated that long, such other period as may be approved by the Cit~,and
includes salaries, wages or other compensation paid by the business or farm
operation to the owner, his spouse or his dependents. If the City determines
that such 2 year period is not equitable for establishing earnings, the period
used for determining average net earnings shall be a substitute period deter-
mined by the City. In the case of a corporate owner, earnings shall include
any compensation paid to the spouse or dependents of the owner of a majority
interest in the corporation. For the purpose of determining majority ownership
stock held by a husband, his wife and their dependent children shall be treated
as one unit.
Section 3. Business. Any lawful activity, except a farm operation conducted
primarily:
a. For the purchase, sale, lease, and rental o~ personal and real
property, and for the manufacture, processing, or marketing of products,
commodities or any other personal property;
b. For the sale of services to the public;
c. By a nonprofit organization; or
d. Solely for the purpose of Section 7262 for assisting in the purchase,
sale, resale, manufacture, processing or marketing of products, commodities,
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personal property, or services by the erection and maintenance of an outdoor
advertising display, whether or not such display is located on the premises on
which any of the above activities are conducted.
Section 4. Closing (replacement Housing Payments). Those payments to owner-
occupants relating to the closing costs on the purchase of a replacement dwell-
ing including costs of evidence of title, recording fees, etc., but not includ-
ing prepaid expenses.
Section 5. Co_~arable replacement dwelling. For the purposes of rendering re-
location assistance by making referrals for replacement housing and for compu-
tation of the replacement housing payment, a comparable replacement dwelling is
one which is decent, safe, and sanitary and:
a. Functionally equivalent and substantially the same as the acquired
dwelling, but not excluding newly constructed housing.
b. Adequate in size to meet the needs of the displaced family or in-
dividual. However, at the option of the displaced person, a replacement dwell-
ing may exceed his needs when the replacement dwelling has the same number of
rooms or the equivalent square footage as the dwelling from which he was dis-
placed.
c. Open to all persons regardless of race, color, religion, or national
origin, consistent with the requirements of the Civil Rights Act of 1964 and
Title VIII of the Civil Rights Act of 1968.
d. Located in an area not generally less desirable than the one in which
the acquired dwelling is located, with respect to:
(1) Neighborhood conditions, including but not limited to municipal
services and other environmental factors.
(2) Public utilities, and
(3) Public and commercial facilities.
e. Reasonably accessible to the displaced person's place of employment
or potential place of employment.
f. Within the financial means of the displaced family or individual.
go Available on the market to the displaced person.
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h. If housing meeting the requirements of Section 2.of Article 5 not
available on the market, the City Manager may, upon a proper finding of the
need therefor, consider available housing exceeding these basic criteria.
Section 6. _Ci~t~y_- The City of Ukiah.
Section 7. C_ity Manaser - The Chief administrative office of the City of Ukiah.
Section 8. "Condominium". "Condominium" means a combination of co-ownership
and ownership in severalty. It is an arrangement under which a family or in-
dividual in a housing development holds full title to a one-family dwelling
unit, including an undivided interest in common areas and facilities and such
restricted common areas and facilities.
Section 9. Conventional Loan. "Conventional Loan" means a mortgage commonly
given by banks and savings and loan associations to secure advances on, or the
unpaid purchase price of real property, payment of which is not insured by any
agency of the State or Federal governments.
Section 10. Counted Room. "Counted Room" means that space in a dwelling unit
containing the usual quantity of household furniture, equipment and personal
library, study, dining room kitchen, laundry room, basement, bedroom, and
garage. Rooms or storage areas which contain substantial amounts of personal
property equivalent to one or more rooms may be counted as additional rooms.
Section 11. Date of Initiation of Negotiations for Parcel. This phrase means
the day on which the City makes the first personal contact with the property
owner or his representative and furnishes him with a written offer to purchase
the real property.
Section 12. Date of Initiation of Negotiations for the Projec_t. This phrase
means the date the City makes the first personal contact with the owner of any
property on the project or his representative where price is discussed except
where such contact is made solely for protective buying or because of hardship.
Section 13. Date of Intent to Acquire. "Intent to acquire" means the public
acknowledgment by the City of their intention and/or plan to obtain specified
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parcels for a specific purpose (project).
"Date of Intent to Acquire" means the date on which the City sends through certi
fied mail to or makes personal contact with the owner of each parcel or adver-
tises in a local paper of general circulation that a specific project is in-
tended to be developed and specified parcels therein are intended to be
acquired. Upon the date of intent to acquire, parcels may be acquired through
hardship.
Section 14. Displaced person. "Displaced person" means any person who moves
from real property or who moves his personal property from real property, as a
result of the acquisition of such real property, in whole or in part, or as the
result of a written order from the City to vacate the real property, for public
use.
Section 15. Dwelling. A sin§le-family building, a single-family unit (in-
cluding a nonhousekeeping unit) in a two-family or multifamily building, a unit
of a condominium or cooperative housing project, a mobilehome, or other resi-
dential unit.
Section 16. Economic Rent. The amount of gross rent the displaced tenant
would have had to pay for a similar unit in an area not generally less desirabll
than the dwelling unit to be acquired. (Gross rent is contract rent, plus cost
of utilities to tenant, over and above contract rent.)
Section 17. Effective Rate of Interest. "Effective rate of interest" means
the annual percentage rate paid on the debt of a mortage as a result of includ-
ing debt service charges in the total interest to be paid on the mortgage debt,
as an incident to the extension of credit, when such debt service charges are
normal to the market.
Section 18. Eligible Person. "Eligible person" means any displaced person
who is, or becomes, lawfully entitled to any relocation payment under these
regulations.
Section 19. ~amily. ']he term "family" means two or more individuals, one of
whom is the head of a household, plus all other individuals regardless of blood
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or legal ties who live with and are considered a part of the family unit.
Where two or more individuals occupy the same dwelling with no identifiable
head of household, they shall be treated as one family for replacement housing
payment purposes.
Section 20. Farm Operation. "Farm operation" means any activity conducted
solely or primarily for the production of one or more agricultural products or
commodities, including time, for sale or home use and customarily producing
such products or commodities in sufficient quantity to be capable of contri-
buting materially to the operator's support.
Section 21. Federal Project. "Federal project" means any direct Federal pro-
ject or any project receiving 'Federal financial assistance.
Section 22. Hardship. "Hardship" means the acquisition of real property by
the City for a public use prior to the date of initiation of negotiations for
the project.
Section 23. Incidental Expenses. Reasonable expenses incurred for evidence
of title, recording, fees, and other closing costs on the purchase of a replace
ment dwelling.
Section 24. Gross Income. Projected annual income from all sources of each
member of the family residing in the household who is at least eighteen years
of age.
a. A_~justed Gross Income.
(1) A deduction of 5% of Gross Income, except that the deduction
shall be 10% in the case of a family whose head or spouse is elderly;
(2) A deduction for extraordinary medical expenses where not com-
pensated for or covered by insurance, defined for this purpose to mean medical
expenses in excess of 3% of Gross Income;
(3) A deduction of amounts for unusual occupational expenses not
compensated for by the employer, such as special tools and equipment, but only
to the extent by which such expenses exceed normal and usual expenses inciden-
tal to employment;
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(4) A deduction of amounts paid by the family for the care of
children or sick or incapacitated family members when determined to be necessary
to employment of the head or spouse, provided the amount deducted does not ex-
ceed the amount of income received by the family member thus released;
(5) An exemption of $300 for each dependent, i.e., each minor (other
than the head or spouse) and for each adult (other than the head or spouse) de-
pendent upon the family for support;
(6) Any nonrecurring income, or income of full-time students.
Section 25. Mobilehome. "Mobilehome" means a vehicle, other than a motor
vehicle, designed or used for human habitation, for carrying persons and
property on its own structure, and for being drawn by a motor vehicle.
Section 26. Monthly Gross Income. "Monthly Gross Income" means the total
monthly income of a family or individual irrespective of expenses and voluntary
or involuntary deductions and includes, but is not limited to salaries, wages,
tips, commissions, rents, royalties, dividends, interest, profits, pensions,
and annuities.
Section 27. Mort~a_~. "Mortgage" means such classes of liens as are commonly
given to secure advances on, or the unpaid purchase price of, real property,
together with the credit instruments, if any, secured thereby.
Section 28. Moving~E~en_s__e. "Moving Expense" means the cost of dismantling,
disconnecting, crating, loading, insuring, temporary storage, transporting, un-
loading and reinstalling of personal property, including service charges in
connection with effecting such reinstallations, and necessary temporary lodging
and transportation of eligible persons. Moving expense shall not include:
a. Any addition, improvement, alteration or other physical change in or
to any structure in connection with effecting removal of personal property
from, or reinstallation in such structure;
b. The cost of construction or improvement at the new location to re-
place property for which compensation was paid in the acquisition;
c. Any loss of, or damage to, personal property caused by the fault or
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negligence of the displaced person, his agent, or employee in the process of
moving where insurance to cover such loss or damage is or was available;
d. Any payment for moving personal property where such property is pur-
chased as part of the acquisition;
e. Additional expenses incurred because of living in a new location;
f. Cost of moving structures, improvements or other real property in
which the displaced person reserved ownership;
g. Improvements to the replacement site;
h. Interest on loans to cover moving expenses;
i. Loss of goodwill;
j. Loss of business or profits~
ko Loss of trained employees;
1. Personal injury;
m. Cost of preparing the application for moving and related expenses;
n. Modification of personal property to adapt it to replacement site.
Section 29. No_~_~rofit Organization. "Nonprofit Organization" means a corpora-
tion, partnership, individual or other public or private entity, engaged in a
business, professional or instructional activity on a non-profit basis, neces-
sitating fixtures, equipment, stock in trade, or other tangible property for
the carrying on of the business, profession or institutional activity on the
premises.
Section 30. Owner. A person "owns a dwelling"' if he:
a. Holds fee title, a life estate, a 99-year lease, or a lease with not
less tban 50 years to run from date of acquisition of the property for the
project.
b. Holds an interest in a cooperative housing project which includes
the rights of occupancy of a dwelling unit therein.
c. Is the contract purchaser of any of the foregoing estates or interest~
d. Has a leasehold interest with an option to purchase; or
e. Owns a mobile unit which under State law is determined to be real
property, not personal property.
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Also the tenure of ownership, not occupancy, of the succeeding owner shall in-
clude the tenure of the proceeding owner·
Section 31. P~e~r~so__n_. Person means any individual, partnership, corporation,
or association·
Section 32. Personal Propertji. (Tangible Personal Property)° Tangible proper-
ty which is situated on the real property vacated or to be vacated by a dis-
placed person and which is considered personal property and is noncompensable
(other than for moving expe'nses) under the State law of eminent domain·
In the case of a tenant, fixtures and equipment, and other property which may be
characterized as real property under State or local law, but which the tenant
may lawfully, and at his election determines to, move and for which the tenant
is mot compensated in the real property acquisition. In the case of an owner
of real property, the determination as to whether an item of property is per-
sonal or real shall depend upon how it is identified in the acquisition
appraisals and the closing or settlement statement with respect to the real
property acquisitions. Provided, that no item of proerty which is compensable
under State and local law to the owner of real property in the real property
acquisition may be treated as tangible personal property in computing actual
direct losses of tangible personal property·
Section 33° ~re_paid Expenses· "Prepaid expenses" means items paid in advance
by the seller of real property and prorated between such seller and the buyer
of such real pro'perry at the close of escrow including, but not limited to real
property taxes, for insurance, homeowners' association dues and assessment pay-
ments.
Section 34. Protec_t~ive _Buyi_ng. "Protective buying" means the acquisition of
real property by the City for a public use prior to the date of initiation of
negotiations for the project°
Section 35. Public Use. "Public use" means a use for which real property may
be acquired 'by eminent domain°
Section 36 Purchases re Re la Housing)
· ._. (__ _.~e~e_~ cement ___ .
a. The acquisition, construction or rehabilitation of a dwelling, the
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purchase and rehabilitation of a substandard dwelling, the relocation or reloca-
tion and rehabilitation of an existing dwelling, or the entering into a contract
to purchase, or for the construction of, a dwelling to be constructed on a site
to be provided by a builder or developer or on a site which the displaced
person o~s or acquires for such purpose~ Where completion of construction,
rehabilitation, or relocation of a replacement dwelling is delayed, for reasons
beyo'ad control of the displaced person, beyond the date by which occupancy is
required under this paragraph;
bo The City may determine the date of occupancy to be the date the dis-
placed person enters into a contract for such construction, rehabilitation, or
relocation or for the purchase upon completion, of a dwelling to be constructed
or rehabilitated if, in fact, the displaced person occupies the replacement
dwelling when the construction of rehabilitation is completed.
Mobilehomes must be registered with the California Department of Motor Vehicles
in the name of the claimant.
Section 37. Relocatee. "Relocatee"
of a displaced person.
means any person who meets the definition
Section 38. State Mo_rt_~e Interest Rate. "State Mortgage Interest Rate"
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means the annual percentage rate to be paid or the debt of a mortgage as set
forth in the mortgage or other credit instrument.
PASSED AND ADOPTED.this __~_ day of
the following roll call vote:
March , 1974 by
~ AYES- Councilmen Weinkauf, Norgard, Pearson, Mayor Simpson
~4 NOES: None
ABSENT: Councilman Buxton
ATTEST:
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