§ 50-148. Relocation procedures.

(a)

Responsibility of owner. When the director determines that a residential building must be vacated and is not habitable or is in such a condition as to declare it imminently dangerous to life, limb, health, property or safety of its tenants, the general public or adjacent property, the property owner will be responsible for the following:

(1)

Paying costs associated with the relocation of affected tenants. These costs will include one of the following:

a.

The immediate payment by cashier's check or money order of two months' fair market value rent for a comparable residential rental dwelling, that is safe and legal, without pending enforcement action, to be paid directly to the property owner/manager of the relocation dwelling. The property owner is also responsible for reasonable moving and storage costs; or

b.

Other arrangements of equal benefit as the arrangements set forth in subsection (a)(1)a of this section, which are agreeable to the tenant as evidenced by a written agreement between the tenant and property owner and executed by the tenant and property owner. Such an agreement shall, at a minimum, contain each of the following components:

1.

The names of the tenants of the dwelling being vacated and the name of the adult person designated as the head of household;

2.

The specific address of the dwelling, including a unit number, which the tenant must vacate;

3.

A statement of the amount of the relocation payment or other benefit conferred on the tenant;

4.

If the tenant will not receive a relocation payment, an express statement of waiver from each affected tenant; and

5.

The address to which the tenant will relocate.

(2)

Establishing proof of compliance. The property owner shall provide to the director a copy of the cashier's check or money order necessary for relocation and receipt signed by the new property owner/manager or, in the alternative, a copy of the signed agreement between the property owner and tenant evidencing an alternative arrangement pursuant to this section. The property owner shall provide the required documents to the director within five days of the date the tenant vacates the property.

(b)

Exceptions. The property owner is not required to provide relocation if, based upon written documentation submitted by the property owner, the director finds in writing that:

(1)

The tenant is in default of rent at the time the dwelling is to be vacated;

(2)

The tenant refuses to vacate after timely payment of the relocation benefit;

(3)

The tenant has caused or substantially contributed to the conditions giving rise to the need for abatement; or

(4)

The building becomes unsafe or hazardous due to recent events that are beyond the control of the property owner, and the owner's action or inaction did not contribute to the impact on the building.

(c)

Failure to perform. If the property owner is responsible for relocation and fails to comply with the conditions outlined in this section, a certificate of nuisance and/or a lien for the actual costs of relocation and enforcement actions will be assessed against the property.

(Ord. No. 2002-04, § 2(16B.05.017), 5-8-2002)