The relocation appeals board created by Health and Safety Code Section 33417.5, a section of the Community Redevelopment Law, is established and, pursuant to Section 7266 of the Government Code, is designated to hear appeals from the determinations of all officers, bodies, departments and agencies off the city of Industry and the Industry Urban Development Agency, as to the eligibility for, or the amount of, a payment authorized by Chapter 16, (§ 7260, et seq.) Division 7, Title 1 of the Government Code. Such relocation appeals board is hereinafter denominated as the "board."
(Ord. 458 § 1, 1980)
A. 
The board shall consist of five members as appointed by the mayor and approved by the city council.
B. 
Each member of the board shall serve at the pleasure of the city council and shall be appointed for a term of one year. Two members shall be appointed for a term of two years, and one member shall be appointed for a term of three years.
C. 
No member of the Industry Urban Development Agency, the city council or of any city agency responsible directly or indirectly for the determination of relocation assistance claims shall serve on the board.
(Ord. 458 § l, 1980)
A. 
The board shall elect a chair from its membership and shall appoint a secretary and other needful officers.
B. 
The board shall adopt rules for its procedure in harmony with the provisions of this chapter. Meetings of the board shall be held at the call of the chair. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to, vote, indicating such fact. Minutes and other official records of the board shall be promptly filed with the clerk of the city and shall be open to public inspection.
(Ord. 458 § 1, 1980)
Members of the board shall serve without compensation, except that each member shall serve without compensation, except that each member shall be reimbursed for reasonable and necessary expenses incurred in performance of official duties, subject to the approval of the city council.
(Ord. 458 § l, 1980)
The purpose of the board shall be promptly to hear all complaints filed and to review and recommend modifications, if necessary, in the decision of the city or the agency, regarding eligibility for relocation assistance payments, the amount of such payments, the adequacy of replacement quarters obtained for persons, businesses or farms displaced because of the acquisition of real property by the city or the agency for a public purpose, or any other complaints by residents of the project areas within the city relating to relocation.
(Ord. 458 § l, 1980)
Any person aggrieved by any determination of the Industry Urban Development Agency or of the city regarding relocation or relocation assistance as provided by state or local law or regulation may appeal to the board for a review of that decision.
(Ord. 458 § 1, 1980)
The board is empowered to hear and consider appeals from-the determination of the city or the agency regarding: (A) eligibility for relocation assistance; or (B) the amount of relocation assistance allowed; or (C) the adequacy or acceptability of replacement quarters obtained for displaced persons, businesses or farms; or (D) any allegation of substantial noncompliance by the city or the agency with state or local law or regulation regarding relocation or relocation assistance.
(Ord. 458 § 1, 1980)
After hearing and considering any appeal, the board shall have the power, upon a majority vote of those present, to recommend that the determination of the city or the agency be affirmed, reversed or modified by the city or the agency. The decision of the board shall be advisory only, but shall be duly and promptly considered by the city or the agency.
(Ord. 458 § 1, 1980)
There is exempted from the provisions of this chapter any grievance procedure policy instituted by the city or the agency pursuant to any federal regulation as a condition to federal financial participation, to the extent that such procedure is inconsistent with the provisions of this chapter.
(Ord. 458 § 1, 1980)
A. 
If the city or the agency should deny eligibility, disapprove the full amount of assistance claimed, or refuse to consider the merits of a claim because of untimely filing or for any other reason, the city or the agency shall include in its written notification to the claimant the reasons for its decision and the procedures for appeal to the board.
B. 
Any claimant aggrieved by any determination of the city or the agency may request a full written explanation of the determination and the basis therefor if he or she feels that the explanation offered with the notification of the determination is inadequate. Such request for a full written explanation must be responded to by the city or the agency within fifteen days of its receipt.
(Ord. 458 § 1, 1980)
An aggrieved claimant must file a request for review of the determination of the city or the agency with the board within six months of the date of receipt of the determination.
(Ord. 458 § l, 1980)
All requests for review made to the board shall be in writing, and may be made on forms prescribed by the board. The request for review shall state in ordinary terms the facts complained of, the error or other defect in the city's or the agency's determination and the relief which the claimant seeks. If the claimant cannot prepare, or needs assistance in the preparation of, the written request for review, the city or the agency shall provide assistance and shall notify the claimant of other sources of assistance. The claimant may include in his or her written request for review any statement of fact within his or her knowledge or any other information which may have a bearing on his or her appeal. Requests for review shall be liberally construed and shall be deemed sufficient if adequate to apprise the board and the city or the agency of the general nature of the complaint.
(Ord. 458 § 1, 1980)
Upon receipt of a conforming request for review, the board shall set a date for a public hearing at the earliest practicable time to consider the aggrieved party's claim. In no event shall the hearing be scheduled later than ninety days after the receipt of the request for review; however, the claimant may be granted thirty days from the date of his or her request for review in order to gather and prepare additional material and information, if a reasonable basis can be shown justifying such extension.
(Ord. 458 § l, 1980)
No action shall be taken on any appeal until after proper notice of public hearing has been given and a public hearing has been held. Proper notice of a hearing before the board shall consist of public notice by posting in three public places in the city, and written notice by registered mail to the claimant or his or her agent, to the city or the agency, and to any other interested party, given at least ten days prior to the date of the hearing and specifying the date, time and place of the hearing.
(Ord. 458 § 1, 1980)
Subject to such reasonable limitations as may be prescribed by the city council or the agency, the claimant or his or her agent shall be allowed to inspect all files and official records in the custody of the city or the agency which bear upon his or her appeal except that such right of inspection shall not extend to material the disclosure of which is prohibited by law or other confidential materials.
(Ord. 458 § 1, 1980)
A claimant may present his or her appeal personally or may be represented at any and all stages of the appeal proceedings by an attorney, at claimant's expense. Claimant or his or her agent may make an oral presentation to the board, call witnesses, cross-examine opposing witnesses, and offer documentary evidence and affidavits. The board may take such oral or written statements from such other parties, including representatives of the city or the agency as may be helpful in its deliberations. The board shall make a written summary of the oral presentation and shall include it in the claimant's file. The proceedings of the board shall be conducted informally. Rules of evidence applicable in court proceedings shall not apply. The oath or affirmation shall be administered to all witnesses.
(Ord. 458 § 1, 1980)
A. 
The board, within fifteen days after the hearing, shall transmit its report and recommendations, in writing, to the city or the agency.
B. 
The written report of the board shall include:
1. 
The name and address of the aggrieved party, and his or her agent, if any;
2. 
A summary of the complaint and a copy of the complaint;
3. 
A summary of the facts developed at the public hearing and a copy of the notification;
4. 
Comments on the impact of the case, if any, on the project of the city or the agency; and
5. 
Recommendations of the board, supported by specific findings of fact and conclusions of law to enable an adequate reconsideration by the city or the agency.
C. 
The concurring vote of a majority of the members of the board present shall be sufficient to recommend affirmance, reversal or modification of any determination. No recommendation shall be issued except upon a majority vote of the board.
(Ord. 458 § l, 1980)
A. 
The city or the agency shall expeditiously proceed to give the report and recommendations of the board all due consideration and shall, within thirty days of their receipt, render a final determination on the matters appealed from.
B. 
The final determination shall include the city's or the agency's decision on reconsideration of the claim, in light of the report and recommendations of the board.
C. 
The final determination shall include a statement of the factual and legal basis of the city's or the agency's decision, including any pertinent explanation or rationale for any conclusion which differs from the board's report.
D. 
If the claim is dismissed on grounds not reaching the merits of the claim or the substance of the board's report, the city or the agency shall issue a statement explaining the dismissal to the claimant.
E. 
Notice of the final determination of the city or the agency shall be sent promptly to the claimant, the board and any other interested parties.
(Ord. 458 § l, 1980)
All guidelines and regulations shall be liberally construed by the board so as to fulfill the legislative purpose of fair and equitable treatment in order that displaced persons not suffer injury as a result of programs designed for the benefit of the public as a whole.
(Ord. 458 § 1, 1980)
The board shall make inquiry as to whether all relevant provisions of federal, state and local law related to relocation assistance have been complied with substantially by the city or the agency.
(Ord. 458 § 1, 1980)
The board shall consider all the material evidence before it, including written and oral statements submitted by the claimant and the city or the agency, and determine whether, under the circumstances, the determination was reasonable and whether there are exigent circumstances which were not before the city or the agency at the time of its determination.
(Ord. 458 § 1, 1980)
The determination should be modified or reversed if (A) there is found a substantial noncompliance with some applicable law or regulation, or (B) the determination was unreasonable under the circumstances, or (C) exigent circumstances which were not before the city or the agency at the time of the determination warrant a modification or reversal.
(Ord. 458 § 1, 1980)
The principles established in a final determination shall be applied to all similar cases, regardless of whether or not a written request for review is submitted to the board.
(Ord. 458 § 1,, 1980)
Upon exhaustion of administrative remedies, nothing in this chapter shall preclude or limit in any way a claimant's right to seek judicial review of the city's or the agency's final determination.
(Ord. 458 § 1, 1980)