Oakland |
Code of Ordinances |
Title 15. BUILDINGS AND CONSTRUCTION |
Chapter 15.60. CODE COMPLIANCE RELOCATION PROGRAM |
§ 15.60.080. Relocation payments and assistance by city.
A.
The city shall use reasonable efforts, subject to budget staffing constraints, to assist tenant households displaced by its code enforcement activities by providing information, referrals, and other relocation advisory assistance aimed at facilitating the household's move. The tenant household should contact the City Administrator for relocation information within ten days of receipt of information from either the city or the property owner that it may be eligible for assistance. Failure by the tenant household to contact the city within the ten-day period will not relieve the property owner from his or her responsibility to provide relocation benefits.
B.
The city, in the sole discretion of the City Administrator and subject to funding availability, may make from city funds any of the payments required of a property owner under this Chapter. Such payments, as well as any administrative costs incurred by the city as a result of the failure of the property owner to make the required payments to an eligible tenant household, shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the city. In order for the city to consider making such payments, a request must be made by the tenant household to the City Administrator following the property owner's failure to pay the required payments by the due date specified in Section 15.60.070B or C, but in no event later than sixty (60) days following the tenant household's vacation of the rental unit or room. Prior to any city payment to a tenant household, the City Administrator shall make a determination with respect to the eligibility of the tenant household for relocation payments. The City Administrator will make reasonable efforts to contact a representative of the property owner by telephone or written communication prior to making the determination or authorizing city payment. However, failure to give prior notice to the property owner shall not relieve the property owner of any obligations under this Chapter.
C.
When the city makes any relocation payments from city funds that are the responsibility of the property owner under this Chapter, the city shall bill the property owner for reimbursement of the amount of payment, plus any administrative and other costs that it would not have incurred but for the failure of the owner to make the required payment. The property owner shall reimburse the city within five days of billing. If the owner does not make full and timely reimbursement of this amount to the city, the city may record a lien on the property with the County Recorder and shall provide notice of such lien to the property owner and to the County Assessor. The form of such lien and the manner of enforcement and collection shall be those specified in the Oakland Building Maintenance Code, or as otherwise authorized by state or local law. Alternatively, the city may include the unreimbursed amount in any other lien placed on the property by the city to secure payment of enforcement costs, including but not limited to the lien authorized by the Oakland Building Maintenance Code.
D.
Notwithstanding the above, the intent of this Chapter is to place responsibility for making relocation payments to displaced tenant households on those property owners who are responsible for code violations, and nothing in this Section is intended to relieve or release any such property owner from this responsibility.
E.
The City Administrator, in his or her sole discretion and on a case-by-case basis, may authorize city-paid relocation payments above the amounts specified in Section 15.60.110, if circumstances so warrant, subject to funding availability. Any such additional amounts shall not be subject to reimbursement by the property owner.
(Ord. No. 13417, § 1, 1-31-2017; Ord. No. 13416, § 2, 1-23-2017)