HomeMy WebLinkAboutOrd 2122 - Relocation Assistance Program
Cover page to Ordinance 2122
The full text of the ordinance follows this cover page.
Ordinance 2122 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
1 (part) 2549
City of Tukwila
Washington
Ordinance No. 2122
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 59.18.085 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 59.18.085, 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
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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 8.45.200
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 CITY 2F TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 17TH DAY OF APRIL, 2006.
ATTEST/ AUTHENTICATED:
JANe E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Steven M. Mullet, Mayor
Filed with the City Clerk: /.1
Passed by the City Council: i t-
Published: %V Z C�
Effective Date: -1 /E- .C. 4
Ordinance Number: ,7:7
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SUMMARY OF ORDINANCE
No. 2122
City of Tukwila, Washington
On April 17, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2122 the main points of which are summarized by its title as follows:
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.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of April 17, 2006.
.J4ne/E. Cantu, CMC, City Clerk
Published Seattle Times: April 21, 2006