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Home My WebLink AboutReg 2006-04-17 Item 6A - Ordinance - Relocation Assistance Program COUNCIL AGENDA SYNOPSIS ti 11.01P Initial, ITEM ND. A `j1 t(A 0 Meeting Date 1 Prepared by 1 Mayor's review Council review 1 a:.��i' I 04/10/06 1 kas /sl I a ITEM INFORMATION CAS NUMBER. 06-038 I ORIGINAL AGENDA DA IE. APRIL 10, 2006 AGENDA ITEM TITLE Relocation Assistance Ordinance CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIYV SPONSOR'S To adopt State standards for Relocation Assistance. SUMMARY REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAI'B. March 28, 2006 RECOMMENDATIONS: SPONSOR /ADMIN Forward to CC for adoption COMMITTEE ,unanimous approval; forward to COW for discussion. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED so $0 Fund Source: N/A Comments: Any funds expended by the City are placed in tax lien against property owner to be repaid Leaf-taro ■ire MTG. DATE RECORD OF COUNCIL ACTION I 1 4/10/06 Discussed at COW; forwarded to 4/17/06 Regular Mtg for final action. 1 MTG. DATE ATTACHMENTS 1 4 -10 -06 Memo to COW from Steve Lancaster 1 CA &P Packet with draft ordinance I RCW 59.18.085 Rental of condemned or unlawful dwelling (State statute) RCW 35.80.030 Permissible ordinances Appeal (State statute on Tax Liens) CA &P Minutes 4/17/06 Ordinance in final form. City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A RELOCATION ASSISTANCE PROGRAM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is committed to ensuring that decent, safe and sanitary housing fit for human habitation is available to its citizenry; and WHEREAS, landlords are responsible for maintaining their occupied rental units in a condition that is fit for human habitation, and WHEREAS, the Revised Code of Washington authorizes the City of Tukwila to declare housing units unfit for occupancy if the City determines that certain egregious violations exist under guidelines outlined in the City's adopted Building, Fire or Property Maintenance Codes; and WHEREAS, certain tenants in the City of Tukwila may continue to live in rental housing that does not meet the City's minimum standards for health and safety because they cannot afford to pay the costs of relocation, and WHEREAS, if the City declares rental units unfit for human habitation, the landlord may be obligated under RCW 5918,085 to provide relocation assistance to displaced tenants; and WHEREAS, the City of Tukwila may provide relocation assistance to displaced tenants in the event that the landlord fails to do so, and WHEREAS, the City of Tukwila desires to be reimbursed for any such relocation assistance that the City advances to displaced tenants; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A relocation assistance program is hereby established, codified at Tukwila Municipal Code Chapter 8.46, to read as follows: 8.46.010 Purpose The purpose of this chapter is to establish, pursuant to RCW 5918,085, a relocation assistance program for tenants whose dwellings have been condemned by the City 8.46.020 Notification of Relocation Assistance At the time the City notifies a landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, the City shall also notify both the landlord and the tenant(s) that the tenant(s) may be entitled to relocation assistance from the landlord under RCW 59.18,085 8.46.030 Advancement of Relocation Assistance If the City determines that the tenant(s) are entitled to relocation assistance, and the landlord has failed to provide the tenant(s) with relocation assistance within seven days of the City notifying the landlord of the condemnation, eviction or displacement order, the City may advance the cost of relocation assistance to the tenant(s), The amount of C:\Documents and Settings\All Users\Desktop\Kelly\ IvISDA T A \ Ordinances\ Relocation Assistance.doc KS:ksn 4/13/2006 Page 1 of 2 relocation assistance advanced shall be no more than $2,000 or three times the monthly rent, whichever is greater 8.46.040 Reimbursement of Relocation Assistance The landlord shall reimburse the City the relocation assistance advanced by the City to the tenant(s) within 60 days from the date that the City first advanced said funds, 8.46.050 Penalty Failure by the landlord to repay the City for the advanced relocation assistance within 60 days shall result in the assessment of civil penalties in the amount of $50 per day for each displaced tenant. In addition, interest shall accrue at the maximum legal rate of interest permitted under RCW 19.52.020, commencing 30 days after the date the City first advanced relocation assistance funds to the displaced tenant(s), The City shall also be entitled to attorney's\ fees and costs arising from any legal action taken to recover unpaid relocation assistance, penalties and interest, The City may also recover advanced relocation assistance, penalties and interest pursuant to TMC 845.200 Remediation/Penalties. 8.46.060 Exemption from Reimbursement of Relocation Assistance A. The landlord may be exempt from reimbursing the City for relocation assistance if the landlord can demonstrate by a preponderance of the evidence within seven days of the City sending notice of the condemnation, eviction or displacement order that the condition(s) causing the dwelling to be condemned or unlawful to occupy was directly caused by: 1 a tenant's or any third party's illegal conduct without the landlord's prior knowledge; 2, a natural disaster, such as an earthquake, tsunami, wind storm or hurricane; or 3. the acquisition of the property by eminent domain, B. Relocation assistance will not be advanced to a tenant who has entered into a rental agreement after official notice has been given to the landlord, but before the violations have been corrected. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation, Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . 2006, ATIEST/ AUTHENTICATED' Steven M, Mullet, Mayor Jane E, Cantu, CMC, City Clerk APPROVED AS TO FORM BY Filed with the City Clerk: Passed by the City Council. Published, Effective Date: Ordinance Number Office of the City Attorney C:\Documents and Settings\All Users\Desktop\Kelly\MSDATA \ Ordinances\Relocation Assistance.doc KS:ksn 4/13/2006 Page 2 of 2