§ 3.108.030. Tenant eligibility for relocation payments.

(a)

A tenant household shall be eligible for relocation payments from a property owner under this chapter if the tenant household is displaced from its dwelling or room due to the County's code enforcement activities. For purposes of this chapter, a tenant household shall be deemed to be displaced from its dwelling or room due to code enforcement activities in either of the following circumstances:

1.

The tenant household receives a notice from the property owner requiring the household to vacate or quit the dwelling or room at any time after the County or a court has issued a notice to vacate, notice to abate life-threatening condition or a declaration of substandard condition covering that dwelling or room; or

2.

The tenant household vacates its dwelling or room (whether or not the property owner requires vacation) after (a) the County or a court has issued a notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition covering that dwelling or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and the County or court does not order earlier vacation).

(b)

Notwithstanding subsection (a) above, a tenant household shall not be deemed displaced due to code enforcement activities in any of the following cases:

1.

The property owner demonstrates to the satisfaction of the Director that vacation of the dwelling or room was due primarily to a cause other than either (a) the noncomplying condition, (b) the County's or court's determination that the dwelling or room was a noncomplying dwelling or room, or (c) the need to make repairs to rectify any noncomplying condition;

2.

The property owner demonstrates to the satisfaction of the Director that the noncomplying condition was created by the tenant household or the tenant household's guests or invitees, and was not created by the property owner or the property owner's agent, or that the condition giving rise to the code enforcement activities existed at the time that the tenant household occupied the dwelling or room and that the tenant household occupied the dwelling or room for the purpose of receiving relocation benefits;

3.

The property owner demonstrates to the satisfaction of the Director that the tenant household unreasonably prevented the property owner or the property owner's agent from undertaking maintenance or repairs that would have prevented or rectified the noncomplying condition;

4.

All noncomplying conditions are corrected, as determined by the County, prior to the time the tenant household has taken definitive steps to move from the dwelling or room;

5.

The notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition is rescinded or withdrawn by the County or the court or is overturned on appeal prior to the time the tenant household has taken definitive steps to move from the dwelling or room;

6.

The property owner offers, in writing, to move the tenant household immediately into a replacement dwelling or room in the same building, and all of the following are true: (a) the replacement dwelling or room is at least substantially comparable in size, condition and amenities to the formerly occupied dwelling or room; (b) the replacement dwelling or room complies with all applicable zoning, building and housing codes; (c) the replacement rent is no greater than the rent charged for the formerly occupied dwelling or room; and (d) the offer was made prior to the time the tenant household has taken definitive steps to move; or

7.

The tenant household is required to vacate the dwelling or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner, if (a) the vacation is required within six months of such event, and (b) the property owner demonstrates to the satisfaction of the Director that such damage was not caused by the acts or the negligence of the property owner or by a preexisting condition in the building in violation of applicable building, housing, fire, or other health and safety codes.

(c)

Any provision of a lease or rental agreement for a dwelling or room in which the tenant household agrees to modify or waive any of its rights under this chapter, including its rights to relocation payments, shall be void as contrary to public policy.

(Ord. No. 04773, § 2, 2-14-2017; Ord. No. 04795, § 2, 2-27-2018)