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HomeMy WebLinkAboutRES 2263 P .. - J ' CICIN'.OF RENTON, WASHINGTON RESOLUTION NO. a?_;-131 WHEREAS RCW 8.26 provides for uniform relocation assistance and real property acquisition policies, and WHEREAS under State law it is necessary for the City of Renton to adopt uniform relocation assistance, and WHEREAS the City of Renton finds it advisable to adopt such procedures, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I: The above recitals are found to be true and correct in all respects. SECTION II: The Uniform Relocation Assistance Procedures, dated March 1979 are hereby adopted by the City of Renton as the City of Renton Uniform Relocation Assistance Procedures. PASSED BY THE CITY COUNCIL this 2nd day of April, 1979. 74 -d Delores�� . Mead, City erk APPROVED BY THE MAYOR this 2ndday of April, 1979. Char s Jl e aurenti, Mayor • Approved as to form: Lawrence J. Warren, City Attorney f • CITY OF RENTON ` UNIFORM RELOCATION ASSISTANCE PROCEDURES (REF: RESOLUTION NO. 2263 ) Public Works Department Original : March 1979 RIGHT OF WAY RELOCATION ASSISTANCE PROCEDURES OF THE CITY OF RENTON POLICY STATEMENT The City of Renton, to promote uniform and effective administration Of relocation assistance programs, will utilize the Washington State Department of Transporta- tion .publication #M26-O1 (HW) Chapter 12, "Right of Way Agents' Manual" as a guide- line in conducting the City of Renton relocation programs in Federal Aid projects. RELOCATION ASSISTANCE ADVISORY PROGRAM I . Relocation assistance advisory 'services will. be providedfor persons displaced or for any person. occupying property immediately adjacent • to real property acquired if such person is caused substantial economic injury because of the acquisition. Specific definitions for concept .of terms used in the following numbered paragraphs will be the same as Chapter 365-24-110 Washington Administrative Code. II . Advisory services will include such measures , facilities or services necessary or appropriate in order to: A. By personal interview, determine the need, if any, of eligible persons for relocation assistance. The displaced person will receive a Relocation Brochure furnished or approved by the Washington State Department of Transportation. B. Provide current and continuing information on the availability, prices , and rental of comparable decent, safe and sanitary sales and rental housing, and of comparable commercial properties and locations for eligible businesses. C. Assure :that prior to displacement there Will be available, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rentsor prices' with- in the financial means of the families and.individuals displaced , decent, safe and sanitary dwellings, equal in number to the numbers such displaced persons who require such dwellings and reasonably accessible to their places of employment as was their prior housing. D. Assist an eligible person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location in the same general area. E. Provide other advisory services to eligible persons such as counseling and referrals with regardto housing, financing, employment, training , health, welfare and any other assistance _ which will minimize hardship to such persons in adjusting to relocation. . • • RELOCATION ASSISTANCE ADVISORY PROGRAM (CONT.) III . Relocation assistance advisory services by the City of Renton will be provided to the public. There will be available to the public full information, includ- ing a Relocation Brochure, concerning the City of Renton relocation program concerning the project. When appropriate, a Relocation Assistance Office will be located in the vicinity of the project and •will be open during hours convenient to persons to be relocated. The City of Renton will ensure that all interested parties and persons to be displaced are fully informed, at the earliest possible time, of the specific plans and procedures for assuring that. comparable replacement: housing will be available for home owners and tenants • in advance of displacement; available relocation payments and assistance; the eligibility requirements and procedures for obtaining such payments and assistance; and the right of administrative review by the head of the local public body concerned, as provided by Ch. 8.26. 130 RCW.• RELOCATION ASSISTANCE PROGRAM 1 . The City of Renton will not proceed with any phase of property acquisition of the project until there is a Relocation Plan approved by the Washington State Department of Transportation and relocation payments with proper relocation services can be provided in conformance with Ch. 8.26 RCW and CH 365-24 WAC . II . The City of Renton will give a written notice of the initiation of negotia- tion with the owner of the property to be acquired to tenants and other persons occupying such property, advising: A. Eligibility for relocation assistance and benefits which could become available after acquisition of the property by the City of Renton can be lost if the owner or any tenant moves either before the property is acquired prior to receiving a written notice to vacate from the City of Renton for its program or project, or otherwise fails to meet the legal requirements for such assistance or benefits; B. The City of Renton land purchase intentions and plans are subject to change and even cancellation until the acquisition is closed; C. Neither the owner or any tenant will be required to move or make .any financial commitment for replacement housing or facilities. until he has received, a determination from the City of Renton concerning his eligi- bility and amounts of relocation payments; the requirements which must be satisfied before such payments or benefits, if any, can be provided by the City of Renton if it purchases the property; and until receipt of a written authorization or notice to vacate the premises from the City of Renton. D. Where he can obtain full information concerning relocation assistance, eligibility for relocation payments and the requirements which must be satisfied before such payments can be made. III . A written notice to vacate will be given to each individual , family, business or farm operation to be displaced; and all notices will be served personally or delivered by certified or registered first class mail . RELOCATION ASSISTANCE PROGRAM (CONT. ) III . A. A displaced person who makes proper application for a payment authorized for such displacement will be paid promptly after a move, or, in hard- ship cases, be paid in advance. B. Application for benefits is to be made within 18 months of the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which the City of Renton makes final payment of all costs of that real property, whichever is the later date. The . City of Renton may extend this period upon a proper showing of good cause. IV. The City of Renton, if it deems necessary, may contract with any State agency, local public body, individual , firm, associations or corporation for services in performing a relocation assistance program. All personal service contracts concerningphases of right-of-way acquisition Relocation Assistance will be forwarded to the Washington State Department of Transportation for . prior approval before execution by the City of Renton. V. Any displaced person (including one who conducts a business or farm opera- tion) will be eligible to receive a relocation payment for moving expenses. A person who lives on his business or farm property may be eligible for payments for both' moving and related expensesas a dwelling occupant, as well as for payments for displacement from a business or farm operation. Payments will be made in accordance with WAC 365-24-410 to WAC 365-24-540, inclusive. VI . A displaced owner/occupant will be eligible for a replacement housing payment as authorized by RCW 8.26.050 in an amount determined by computation if he meets both of the following requirements: A. The displaced owner/occupant actually owned and occupied the acquired dwelling from. which he was displaced, for not less than 180 days prior to the initiation of negotiation for the property; or owned and occupied an acquired dwelling covered or qualified under RCW 8.26. 160 from which he was displaced, for not less than 180 days prior to displacement; and B. Purchases and occupies a comparable replacement dwelling which is decent, safe, and sanitary, as defined in WAC 365-24-210(2) and (3) , not later than the end of the one-year period beginning on the latest of the follow- ing dates.: 1 . Date on which he received from the City of Renton the final payment of all costs of the acquired dwelling. 2. The date on which he is required to move by the City of Renton written notice to vacate. 3. Or, the date on which he moves from the acquired dwelling if earlier than the date he is required to move by the City of Renton. Computation of replacement housing payment for an owner-occupant will be made in accordance with WAC 365-24-620. VII . A displaced. tenant, or an owner/occupant of a dwelling for less than 180 days will be eligible for a replacement housing payment as authorized by RCW 8.26.060 if he actually and lawfully occupied the dwelling for not less than 90 days prior to the initiation of negotiations for acquisition of the RELOCAT ION ASS I STANCE".PROGRAM'A'conts. C property, or, actually occupied the property covered .or qualified under RCW 8.26..160 ,for;;,not less than 90 days prior to, displacement. V111 . An owner/occupant of a dwelling 'for`not less than 180 days prior to the. initiation of negotiations will be eligible for replacement housing payments as a tenant as authorized by RCW 8.26.060 when he rentsand occupies a 'decent, safe and sanitary comparab'e. replacement dwelling (instead of purchasing and"occupying such a dwelling) not later than the end of the one-year period beginning oneither of dates noted in Para. 6b. Computation of :replacement housing payments for displaced tenants or an owner/occupant of° 'a dwelling for less than 180 days will be in accordance with .WAC;36524-720 ;: EXCEPT that the City of Renton shall determine the amount necessary to acquire a comparable replacement dwelling "by-analyzing the: probab..le. prices or rents of three or more comparable replacement properties 1X. Computation of Replacement Housing ;Payment for Certain Others: Replacement rental housing payments for displaced owner/occupants who do not qualify for replacement housing payments under WAC 265-24-610 because of the 180-day, occupancy requirement and who elect to rent will be computed in the manner provided in WAC 365-24-720 (1) ; EXCEPT that the City of Renton shall determine the amount necessary to rent a comparable property by analyzing the probable: rental ratesofthree or more comparable replacement properties. Replacement.,housing payments for displaced owner/occupants who do not qualify forreplacement housing payments under WAC 365-24-610 because of the 180 day occupancy: requirement butwho have actually and lawfully occupied "fora period of 90 days OT more the dwelling unit to be acquired and who elect to purchas=e areplacement` dwelling shall be computed in the manner provided in WAC 365-24-720(2) ; EXCEPT that the City of Renton shall determine the amount necessary to rent a comparable replacement property by analyzing the probable rental rates of three or more comparable replacement properties. .. : X. Any person:aggrieved by a determination as to his eligibility for, method of determination, or the amount of .a payment authorized by RCW 8.26 or appropriate Ch. 365-24 WAC may have such determination reviewed and reconsidered bythe head of the City of Renton having authority over the applicable program or project. XI . Any person aggrieved by determination as to his eligibility for, method of determination, or the.:amount of -a payment authorized by RCW 8.26 or appropriate Ch. 365-24 WAC will be allowed to invoke an appeal ; provided that within 30: days following receipt of notification of the rejection of his claim by the City of Renton he submits to the head of the City of Renton a notice of appeal This will be a written statement of the facts pertinent to the case and including the decision that is in dispute. XII . In orderto insure consistent and uniform administration of the relocation assistance program, the ..City. of Renton will if necessary establish an adminis- trative dminis- trative review board fora preliminary review of appeals. In the event the matter cannot be resolved by the administrative review board, the City. XII . of Renton will appoint a qualified hearing officer under terms of WAC 365-24-850. . His duties will be to administer the appeal of the aggrieved in an impartial and orderly manner in accordance with Ch. 365-24 WAC. The City of Renton to promote more convenient, administration of federal-aid projects will require that ' contracts , vouchers , correspondence and all other documents and papers to which the Federal Highway Administration needs to refer will carry the Federal-Aid project number for ready identification . Dated 2nd day of April 1.979 • • RENTON City - ------------- • BY : e. 11! / ..�, _ -- 2 • Signat/re and Title oT Officer C. J . Delaurenti , Mayor ATTEST : _. TITLE City Clerk CERTIFICATE The above is signed as. City of Renton policy pursuant to Resolution No. 2263 Jdated A Trill 2 ,..v1979 done at the regular meeting of the City_founcii,of _the, city of-_ Renton, Washingten