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Town of Lonaconing, MD
Allegany County
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[HISTORY: Adopted by the Mayor and Council of the Town of Lonaconing as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-4-2013 by Ord. No. 01-2013]
The Town of Lonaconing will take every preventable action to minimize the involuntary displacement of persons or businesses when using federal funds received from the Maryland Community Development Block Grant funds as a source of funding in our projects. In the event that displacement occurs, the Town of Lonaconing hereby agrees to comply with all requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA"), as amended, as described in 49 CFR Part 24, and with the Housing and Community Development Act of 1974 ("HCD Act of 1974"), as amended, as described in 24 CFR Part 42.
A. 
The Town of Lonaconing will provide relocation assistance as required under the URA to all persons or businesses displaced as a direct result of assisted activities. They shall be provided relocation benefits which, at a minimum, include:
(1) 
Relocation assistance planning and advisory services;
(2) 
Moving expenses;
(3) 
Referral to comparable replacement unit; and
(4) 
Replacement housing payments for 42 months.
B. 
Low- and moderate-income households displaced by the acquisition or demolition of housing or by the conversion or rehabilitation of low- and moderate-income dwellings to another use are entitled to additional benefits under the requirements of 24 CFR 42.350. These additional benefits include:
(1) 
Security deposits and credit checks;
(2) 
Referral to comparable replacement unit; and
(3) 
Replacement housing payments for 60 months.
C. 
Additionally, legal low- and moderate-income tenants are also eligible for referral to at least one suitable, decent, safe and sanitary replacement dwelling unit.
(1) 
The Town of Lonaconing shall advise tenants of their rights under the Federal Fair Housing Act, 42 U.S.C. §§ 3601 to 3619, and of replacement housing opportunities in such a manner that, wherever feasible, they will have a choice between relocation within their neighborhood and other neighborhoods; and
(2) 
Each person must be offered rental assistance equal to 60 times the amount necessary to reduce the monthly rent and estimated average monthly cost of utilities for a replacement dwelling (comparable replacement dwelling or decent, safe, and sanitary replacement dwelling to which the person relocates, whichever costs less) to the "total tenant payment." All or a portion of this assistance may be offered through a certificate or voucher for rental assistance (if available) provided under Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f.
D. 
In addition, in consideration of the financial assistance received from the Maryland CDBG Program, particularly when such assistance is used for acquisition, rehabilitation, demolition, or conversion which results in temporary relocation, the Town of Lonaconing agrees to assist either the temporarily displaced residential or business tenant or owner-occupant during the time he or it is displaced. Those receiving temporary relocations shall receive at a minimum:[1]
(1) 
Interim living costs;
(2) 
Relocation assistance planning and advisory services;
(3) 
Reasonable moving expenses; and
(4) 
Rental assistance (if moving to more expensive unit).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In the event that low- and moderate-income dwelling units are demolished or converted to a use other than as low/moderate-income housing, the Town of Lonaconing will replace all units that were occupied or were vacant but deemed occupiable as required under Section 104(d) of the HCD Act of 1974, as amended.
B. 
All replaced housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the Town of Lonaconing will make public and submit to the Maryland CDBG Office the following information in writing:
(1) 
A description of the proposed assisted activity;
(2) 
The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to use other than as low/moderate-income dwelling units as a direct result of the assisted activity;
(3) 
A time schedule for the commencement and completion of the demolition or conversion;
(4) 
The general location on a map and approximate number of dwellings units by size (number of bedrooms) that will be provided as replacement dwelling units;
(5) 
The source of funding and a time schedule for the provision of replacement dwelling units; and
(6) 
The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling for at least 10 years from the date of initial occupancy.
A. 
The Town of Lonaconing will take every preventable action to minimize the involuntary displacements of persons or businesses during the implementation of our CDBG funded projects. Examples of actions that may be taken include:
(1) 
Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty buildings or groups of empty units first, so they can be rehabilitated first, and tenants moved in before rehabilitation of occupied units or buildings is begun.
(2) 
Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction.
(3) 
Provide counseling to assist homeowners and renters to understand the range of assistance that may be available to help them in staying in the area being revitalized.
B. 
The Town of Lonaconing may enter into a written agreement with a subrecipient, or the owner of the assisted property, under which either may pay all or part of the cost of the required relocation assistance.
C. 
The Town of Lonaconing understands the cost of relocation assistance and other benefits shall be paid from CDBG funds or such other funds as may be available from any source, including the jurisdiction's general fund.
D. 
The Town of Lonaconing will refer owners and/or tenants to the State CDBG Program if there is a disagreement with the determination that these requirements do not apply to an acquisition or a displacement.
E. 
The Town of Lonaconing will prepare a specific relocation plan in the event that funding is requested for a project where it is known that displacement will occur.
[Adopted 3-4-2013 by Ord. No. 02-2013]
A. 
The Town of Lonaconing has adopted this Citizen Participation Plan to meet the citizen participation requirements of 24 CFR 570.486 and 24 CFR 91.115(e). Regulations require that each unit of general local government receiving or expecting to receive community development block grant funds:
(1) 
Provide for and encourage citizen participation, particularly by low- and moderate-income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used.
(2) 
Ensure that citizens will be given reasonable and timely access to local meetings, information and records relating to the unit of general local government's proposed and actual use of CDBG funds.
(3) 
Furnish citizens information including but not limited to:
(a) 
The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income);
(b) 
The range of activities that may be undertaken with CDBG funds;
(c) 
The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low- and moderate-income persons; and
(d) 
The proposed CDBG activities likely to result in displacement and the unit of general local government's anti-displacement and relocation plans required under 24 CFR 42.325.
(4) 
Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with procedures developed by the state. Such assistance need not include providing funds to such groups.
(5) 
Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. Public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be held at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. Public hearings shall be conducted in a manner to meet the needs of non-English-speaking residents where a significant number of non-English-speaking residents can reasonably be expected to participate.
(6) 
Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted, or substantially changed from the unit of general local government's application to the state. "Substantially changed" means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state.
(7) 
Provide citizens the address, phone number and times for submitting complaints and grievances and provide timely written answers to written complaints and grievances, within 15 working days where practicable.
B. 
CDBG funded activities may serve beneficiaries outside the jurisdiction of the unit of general local government that receives the grant, provided the unit of general local government determines that the activity is meeting its needs in accordance with Section 106(d)(2)(D) of the Housing and Community Development Act.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Town of Lonaconing will provide reasonable access to records and information on the proposed and actual use of CDBG funds upon request, either verbal or written, at the next scheduled monthly Town meeting.
B. 
Where possible, the Town of Lonaconing will provide copies of documents or access to copying services to citizens or groups requesting information at their own expense. Information will be furnished to citizens through public notice in the Record Observer and Times Record newspapers of general circulation. The Town of Lonaconing may also provide additional information to its citizens about the CDBG Program through articles in local newspapers, community bulletins posted at Town post office, newsletters and/or at presentations made at the monthly Town meeting and specially scheduled informational Town meetings. The Town of Lonaconing will hold at least one public hearing to receive input by citizens on the housing and community development needs of the jurisdiction and to discuss the development of proposed activities. This hearing will be held prior to submission of an application for CDBG funds. The public notice will state that the following will be discussed:
(1) 
The amount of CDBG funds available;
(2) 
The range of activities that may be undertaken with CDBG funds;
(3) 
The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low- and moderate-income persons; and
(4) 
The plans of the Town of Lonaconing likely to result in displacement and the unit of general local government's anti-displacement and relocation plans required under 24 CFR 42.325.
C. 
If the MD CDBG Program funds the activity, a second hearing on program performance must be held at some point during the grant period after the activity has been initiated.
D. 
The MD CDBG Program requires that notice of a public hearing be published in a newspaper of general local circulation no less than five days in advance of the hearing. Hearings will be held at times and locations convenient to actual or potential beneficiaries and at locations accessible to the disabled. Documentary evidence that the required notices are published and public hearings are held in accordance with the plan will be maintained.
E. 
Copies of the actual notices and/or affidavits shall be a part of the files, in addition to minutes of the hearings. Written minutes of the hearing and an attendance roster will be maintained by the Town Administrator and duplicates will be stored in the CDBG file for each individually funded project.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
If necessary the Town will make arrangements for a translator when it is expected that non-English-speaking persons will participate. Similarly, a signer shall be provided for a deaf or mute participant. If special accommodations are necessary, however, requests should be made to the Town Mayor or Administrator with at least 10 days' advance notice.
G. 
The Town of Lonaconing will make every effort to provide citizens an opportunity to comment on the proposed activities in an application to the state. All monthly meetings are open to the public and an opportunity for comment is provided. Written comments may be sent to the Town at Town of Lonaconing, 7 Jackson Street, Lonaconing MD 21539.
When requested to provide technical assistance to groups representative of persons of low and moderate income, the Town of Lonaconing will assist if possible. Files shall document meetings between the group and the local government. If staff capacity to assist does not exist, the Town may offer a referral to the state or to a consultant who can provide the necessary expertise.
A. 
Citizens who wish to submit a complaint or grievance may do so in writing to: Town of Lonaconing, 7 Jackson Street, Lonaconing MD 21539.
B. 
They are also welcome to appear at the Town's monthly meeting to speak with the Council. The Town of Lonaconing shall make reasonable effort to provide a response in writing to complaints or grievances within 15 working days.
The Town of Lonaconing will provide citizens notice of and opportunity to comment on substantial changes to grants already made, including changes in the purpose, scope, location or beneficiaries. This can be achieved through public notice describing the change and establishing a comment period or through a public hearing.