The City Council recognizes the need to protect long-term tenants
and tenant households from the adverse health, safety and economic
impacts of displacement. It is the purpose and intent of the City
Council to enact this chapter to clarify the process to address conditions
in residential units or structures that constitute an immediate threat
to the health and safety of tenants.
(Ord. 770 12-6-22)
For the purpose of this chapter, the following definitions apply:
“City”
means the City of Desert Hot Springs.
“Displaced tenant”
means a tenant that is ordered to move out of a residential
unit or structure by an order to vacate issued by the City or another
enforcement agency.
“Order to vacate”
means the first notice sent by an authorized City official
to the property owner and posted on the affected property declaring
that, due to a failure to repair or maintain, the unit or structure
must be vacated.
“Property owner”
means the owner of the residential unit or structure at the
time the order to vacate is issued, as shown on the last equalized
assessment roll, and any successor in interest.
“Residential unit or structure”
means any dwelling, apartment, room or place which is the
place of permanent or customary and usual abode of any person or household.
Residential unit or structure shall include mobile homes located in
mobile home parks, provided that the City has assumed enforcement
authority over such parks from the State Department of Housing and
Community Development. Residential unit or structure shall include
hotels, motels, or similar buildings or structures which rent some,
or all, rooms or units to tenants.
“Tenant”
means any resident of a residential unit or structure within
the City and who is a tenant as that term is used in California Civil
Code Sections 1940 et seq.
“Vacation date”
means the date by which a tenant is required to vacate a
residential unit or structure, pursuant to an order by an authorized
city official.
(Ord. 770 12-6-22)
Except as otherwise provided in this chapter, the conduct of
any administrative hearing required by this chapter shall conform
to the procedures in this section.
A. Administrative
hearings are intended to be informal in nature. Formal rules of evidence
and discovery do not apply. No pre-hearing discovery of the City’s
evidence shall be permitted. The administrative hearing officer shall
permit only relevant evidence at the hearing. The administrative hearing
officer may exclude unduly repetitious and cumulative evidence, regardless
of its relevancy.
B. The
City bears the burden of proof at the administrative hearing to establish
that the itemized accounting of all benefits paid by the City to the
property owner’s tenants and any penalties or costs are chargeable
against the property owner.
C. A preponderance
of the evidence shall be the standard of proof used by the administrative
hearing officer in deciding the issues at an administrative hearing.
D. Each
party shall have the opportunity to cross-examine witnesses and present
evidence in support of his or her case.
E. As soon
as practicable after receiving a written appeal, the City shall fix
a date, time and place for the hearing of the administrative appeal.
F. The
City shall serve a hearing notice by first-class mail, postage prepaid,
to the property owner’s address as shown on the last equalized
assessment roll and to the designated agent, if applicable. The hearing
notice shall be in substantially the same form as follows:
You are hereby notified that a hearing will be held before an
Administrative Hearing Officer/Deputy City Manager/City Manager at
___________ on the ________ day of _______, _____, at the hour of
___ to hear your appeal of the itemized accounting of tenant relocation
benefits issued or otherwise served upon you on ____________. You
may be present at the hearing. You may be, but need not be, represented
by an attorney. You may present any relevant evidence at the hearing
and you will be given a full opportunity to cross-examine all witnesses
testifying against you.
G. Hearings
shall generally be conducted in-person. The City in its sole discretion
shall determine whether a remote hearing should be conducted according
to the criteria in this subsection. Remote hearings are permitted
by telephone, video, or any other appropriate means if any of the
following apply:
1. Any
Federal, State, or local declaration of a state of emergency which
prohibits, discourages, or impedes the ability of the parties to meet
in-person.
2. Any
Federal, State, or local order prohibiting or discouraging the physical
congregation of persons.
3. Any
other circumstances which would cause a hardship on the property owner
or designated agent to appear in-person.
H. Any
property owner or designated agent who fails to appear at the hearing
shall be deemed to have waived the right to a hearing; the adjudication
of the issues related to the hearing, any and all rights afforded
under this Code; and shall be deemed to have failed to exhaust their
administrative remedies, provided that proper notice of the hearing
as required by this or other applicable chapter of this Code has been
served.
I. The
written decision of the hearing officer setting forth the findings
and ruling in a particular case and conform to the requirements set
forth therein. The decision of the hearing officer is final.
(Ord. 770 12-6-22)
The remedies in this chapter are cumulative and in addition
to any other remedies available under the law.
(Ord. 770 12-6-22)
The failure of the property owner or designated agent to receive
any notice issued by the City under this chapter shall not invalidate
any proceeding or action taken by the City pursuant to this chapter
or
Health and Safety Code Sections 17975
et seq.
(Ord. 770 12-6-22)
The City may establish a relocation benefits expenditure account
and provide appropriations through City Council action by resolution.
A relocation revenue account will include revenue generated by the
program.
(Ord. 770 12-6-22)