§ 15.60.120. Staff review and appeals.

A.

The City Administrator shall be responsible for making an informal determination whether a tenant household is eligible for relocation payments from a property owner under this Chapter, and, if so, the payment amount, following any timely claim, complaint, objection or dispute forwarded to the city by either a tenant household or property owner with respect to these issues. The City Administrator shall also make a determination with respect to any disputes between a tenant household and a property owner as to the move-back option provided for in Section 15.60.100.

B.

A tenant household should contact the City Administrator with any claim, complaint, objection or dispute against the property owner within a reasonable time after the property owner has failed to pay the required relocation benefits within the applicable time period specified in Section 15.60.070 or has otherwise failed to comply with this Chapter. Failure to contact the City Administrator within a reasonable time as determined by the City Administrator may be deemed a waiver of the tenant household's claim to relocation benefits, unless the tenant household can demonstrate good cause to the city for the delay.

C.

A property owner should contact the City Administrator within a reasonable time after a tenant household has made a demand on the property owner for relocation benefits, if the property owner believes that the tenant household is not eligible for any or all of such payments under this Chapter. In addition, a property owner should immediately contact the City Administrator after notification by the city that the city is considering payment of relocation benefits on behalf of the owner under Section 15.60.080, if the property owner believes that the tenant household is not eligible for any or all of such payments under this Chapter. Failure to contact the City Administrator within a reasonable time as determined by the City Administrator may be deemed a waiver of the property owner's right to challenge tenant eligibility for benefits, unless the property owner can demonstrate good cause to the city for the delay.

D.

The City Administrator shall make reasonable efforts to contact a representative of both the property owner and the tenant household and afford each party a reasonable opportunity to present responses and supporting information prior to making a determination (except where the need for immediate vacation makes prior notice to the property owner of city payments to tenant households not reasonably possible). The City Administrator shall make his or her determination based on the provisions of this Chapter, the rules and regulations adopted pursuant to this Chapter, and the factual information submitted by the parties or otherwise readily available, and shall communicate his or her determination to representatives of the property owner and the affected tenant household.

E.

When the property owner or tenant household wishes to contest a determination regarding eligibility or relocation payment amounts made by the City Administrator, such party should file a written request for a hearing with the Relocation Appeals Board within seven days of the determination. Any property owner requesting such an appeal must first deposit with the City Administrator the full unpaid amount in dispute, unless the property owner can demonstrate significant hardship or other extraordinary circumstances to the City Administrator that would justify a waiver of such deposit. The Relocation Appeals Board shall hold a hearing and shall use reasonable efforts to render its decision on any such appeal within thirty (30) days of a timely hearing request the Board's decision shall be final, and there shall be no appeal to the City Council. All notices from the Relocation Appeals Board shall be sent to both the property owner and all tenant households affected by the appeal.

F.

Nothing in this Chapter shall in any way preclude or limit any aggrieved party from seeking judicial review after such person has exhausted the administrative remedies provided herein. However, it shall be conclusively presumed that a litigant has not exhausted his/her administrative remedies as to any issue which is not raised in the administrative proceedings authorized herein.

G.

The City Administrator shall develop rules and regulations to define reasonable times to respond or exercise rights under this Chapter.

(Ord. No. 13417, § 1, 1-31-2017; Ord. No. 13416, § 2, 1-23-2017)