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)
A. 
A tenant shall be eligible for relocation assistance and payments pursuant to this chapter and Health and Safety Code Sections 17975 et seq. when the City, in its sole discretion, determines that the condition of a residential unit or structure is such that the immediate health and safety of the tenant is endangered.
B. 
Exceptions. A tenant shall not be eligible for relocation assistance and payments under the following conditions:
1. 
Within 29 days from the vacation date, the tenant is offered the right to return to the rehabilitated unit or structure upon clearance by the appropriate City official. The tenant may still assert his/her rights and remedies under the law to recover its losses and damages for the period in which it was required to vacate the premises;
2. 
The property owner provides a replacement dwelling of comparable size and appurtenances to the tenant;
3. 
The tenant has caused or substantially contributed to the condition giving rise to the order to vacate or unreasonably prevented the property owner or designated agent from undertaking maintenance or repairs that would have prevented or rectified the code violation. Nor shall any relocation benefits be payable to a tenant if any guest or invitee of the tenant has caused or substantially contributed to the condition giving rise to the order to vacate, as determined by the City. The City shall make the determination whether a tenant, tenant’s guest, or invitee caused or substantially contributed to the condition, giving rise to the order to vacate;
4. 
If the residential unit or structure becomes unsafe or hazardous as a result of a natural disaster or act of God;
5. 
If the residential unit or structure is operated as an emergency or temporary shelter for homeless persons (whether such persons have assigned rooms or beds, and regardless of duration of stay by any occupant) by a nonprofit organization or public agency owning, leasing, or managing such dwelling unit; or
6. 
The tenant is in default in payment of rent, unless rent is being lawfully withheld by the tenant.
C. 
The City Manager or designee shall have the sole discretion to determine the amount, type and duration of the relocation benefits pursuant to this chapter and Health and Safety Code Sections 17975 et seq. The City Manager or designee shall make a determination based on the provisions of this chapter, any rules and regulations adopted pursuant to this chapter, and the factual information submitted by the parties or otherwise readily available and shall serve his or her written determination by first-class mail, postage prepaid, to the tenant and to the property owner’s address as shown on the last equalized assessment roll.
(Ord. 770 12-6-22)
A. 
In the event the property owner or designated agent fails, neglects or refuses to pay relocation benefits as required by this chapter to a displaced tenant, the City may, at its sole discretion, and within budgetary limitations, opt to make payment of such relocation benefits as necessary to assist the displaced tenant to relocate, up to the amount payable by the property owner under this chapter and Health and Safety Code Section 17975.2.
B. 
The City may recover from the property owner any amount paid to a tenant pursuant to this chapter. As a penalty for failure to make a timely payment to the displaced tenant, the City shall also be entitled to recover from the property owner an additional amount, not to exceed $10,000, which is equal to one-half the amount so paid. The City shall also be entitled to recover from property owner its actual costs (including direct and indirect costs) of administering the provision of benefits to the displaced tenant.
C. 
Any amount paid by the City and any applicable penalties and administrative costs shall be a personal obligation of the property owner and may be recorded as a lien against the property with the county recorder if the property owner fails to pay the City.
D. 
Nothing contained in this chapter shall require the City to pay any relocation benefits to any tenant, or to assume any obligation, requirement, or duty of the property owner or designated agent pursuant to this chapter.
(Ord. 770 12-6-22)
A. 
Prior to instituting any action to collect relocation payments from the property owner or to record a lien pursuant to this chapter, the City shall send to the property owner by first-class mail, postage prepaid, at the property owner’s address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the City to the property owner’s tenants, and any penalties or costs the City is seeking to recover.
B. 
If the property owner contends that not all of the benefits are chargeable to the property owner because the recipients were not displaced tenants, or on other relevant grounds, the property owner or designated agent shall submit a written appeal to the City within 20 days after receipt of the itemized accounting. The City shall hold an administrative hearing for the purpose of determining the amount of benefits and any penalties or costs. The Deputy City Manager, or designee, shall serve as the administrative hearing officer for the purpose of determining the amount of benefits and any penalties or costs. The conduct of the administrative hearing shall conform to Section 8.48.060 of this chapter. The failure to timely submit a written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies.
C. 
Within 10 days from service of the Deputy City Manager’s or designee’s decision issued pursuant to Section 8.48.050(B), the property owner or designated agent may submit a written appeal to the City. The failure to timely submit a written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. The conduct of the administrative hearing shall conform to Section 8.48.060 of this chapter except as provided in this subsection. The City Manager or designee shall serve as the administrative hearing officer. The administrative hearing officer shall not be the same person who presided over a hearing pursuant to Section 8.48.050(B). The City Manager’s or designee’s decision shall be final and conclusive, and shall be served no later than five calendar days after the decision is signed and be sent first-class mail, postage prepaid to the property owner’s address as shown on the last equalized assessment roll. The property owner shall pay the charge that was the subject of the appeal within 30 days after the date an adverse decision is mailed to the property owner. The decision shall be appealed pursuant to Code of Civil Procedure Section 1094.6 and review of the decision shall be in accordance with Code of Civil Procedure Section 1094.5. The decision shall include reference to this section and Code of Civil Procedure Section 1094.6.
D. 
If the property owner fails to obtain a more favorable decision than that set forth in the itemized accounting, the property owner or designated agent shall be liable to the City for the costs of the administrative hearing and appeal, not to exceed $5,000. The failure to receive the itemized accounting shall not relieve the property owner of any obligation to the City.
E. 
Notwithstanding Section 8.48.040(B) of this chapter, if there are fewer than 10 days between the first posting and mailing of the order to vacate and the vacation date, and if the City advances relocation benefits to any tenant, no penalty shall be payable by the property owner if reimbursement is made to the City within 30 days after the date an itemized accounting from the City is mailed as set forth in this section.
(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)