HomeMy WebLinkAboutResolution 2011-23 i
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RESOLUTION 2011 -23
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1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
i CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AN ANTI -
DISPLACEMENT & RELOCATION POLICY; PROVIDING FOR REPEAL
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OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
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EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
i State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City desires to establish a Community Development Block Grant
( "CDBG ") Program, by which the City may apply for federal grant monies to carry out a wide
range of community development activities directed toward revitalizing neighborhoods, economic
development, and providing improved community facilities and services; and
WHEREAS, the City of Cape Canaveral is committed to making all reasonable efforts to
ensure that activities undertaken through the use of CDBG or other Federal funding will not cause
unnecessary displacement or relocation; and
WHEREAS the City of Cape Canaveral desires to adopt its own Anti-displacement &
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Relocation Policy in furtherance of this commitment; and
WHEREAS, the City Council of the City of Cape Canaveral believes this Resolution is in
1 the best interests of the citizens of Cape Canaveral.
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NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Resolution.
Section 2. Adoption of Anti- Displacement & Relocation Policy. The City Council of the
a City of Cape Canaveral hereby adopts the Anti- Displacement & Relocation Policy set forth in
Exhibit "A," attached hereto and fully incorporated herein by this reference, as official policy of
1 the City.
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1 Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
1 competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
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City of Cape Canaveral
l Resolution 2011 -23
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Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
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I RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 20thday of September, 2011. (20,, ..)...„(Q4112,&_
, ,' '' Rocky Randels, ayor
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I ATTEST: For Against
~' Bob Hoog Second
AN�PERSO i Clerk Ji Morgan G4E 1V, ty rk g Seat Vacant
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4 Buzz Petsos Mot
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;' Rocky Randels %
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1 Betty Walsh X
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Approved as to legal form and sufficiency
i for the City of Cape Canaveral only by:
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nthony A. Garganese, City , ttorney
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City of Cape Canaveral
Resolution 2011 -23
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} EXHIBIT "A" TO
) RESOLUTION 2011-23
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] CITY OF CAPE CANAVERAL
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ANTI-DISPLACEMENT
AND RELOCATION
) POLICY
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REFERENCE: TENANT ASSISTANCE, RELOCATI ON AND
REAL PROPERTY ACQSIIION PLANS.
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TABLE OF CONTENTS
I. DISPLACEMENT AVOIDANCE POLICY
II. DEFINITIONS
A. Standard Condition
B. Substandard Condition Suitable for Rehabilitation
Displacement Policy and Procedures
IILPERMANENT, INVOLUNTARY DISPLACEMENT
A. Provisions for One -to One Replacement
B. Provisions for Relocation Assistant for Residential Displacement
C. Provisions for Non - Residential Relocation
IV. TEMPORARY, VOLUNTARY DISPLACEMENT & RELOCATION
V. PERMANENT, VOLUNTARY DISPLACEMENT & RELOCATION
VI. TENANT ASSISTANCE POLICY
VII. DISPLACEMENT OF HOMEOWNERS
VIII. APPEALS /COUNSELING
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TENANT ASSISTANCE, RELOCATION & REAL PROPERTY ACQUISITION
PLAN
I. DISPLACEMENT AVOIDANCE POLICY
1 The City of Cape Canaveral is committed to a policy to make all reasonable efforts to
ensure that activities undertaken through the use of Community Development Block Grant
(CDBG) and/or other federal funding will not cause unnecessary displacement or relocation.
Such federally funded programs will be administered in such a manner that careful consideration
is given during the planning phase with regard to avoiding displacement. The City will also
provide information to keep citizens involved in the process regarding pending land use changes,
1 zoning and rezoning actions that threaten the preservation of residential areas. Involuntary
displacement shall be reserved as a last resort action necessitated only when no other alternative
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is available and when the activity is determined necessary in order to carry out a specific goal or
1 objective that is of benefit to the public. In this case, community development and housing
programs will be planned in a manner which avoids displacement of households or business.
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However, "voluntary" displacement (temporary or permanent) may be necessary in order
to achieve a benefit to a household or business (such as rehabilitation or replacement of the
building). Such benefits shall be identified and requested by the displaced. Voluntary
1 displacement may also occur when a property owner voluntarily offers his home or business
property for sale to the City. In these cases, the seller may be required to waive rights as a
condition of the sale of the property, and the Uniform Relocation Act provisions will govern
actions of the City and/or its representative. 24 CFR Part 570 is a governing document on
displacement and is incorporated by reference. 49 CFR Part 24 provides Uniform Relocation
Act information and is incorporated by reference. As pertains to the City's Tenant Assistance,
Relocation and Real Property Acquisition Plan, the U.S. Department of Housing and Urban
Development Handbook #1378, September 1990, shall be adopted in its entirety.
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II. DEFINITIONS
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In the absence of federal and state provided definitions, the following is provided to
establish a frame of reference and context when dealing with matters of displacement and/or
relocation as defined in 24 CFR Part 570 and 49 CFR Part 24.
1 A. Standard Condition
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A dwelling unit is considered standard if it has no major defects or only slight defects
which are correctible through the course of regular maintenance. It must be in total compliance
with applicable City housing and occupancy codes; be structurally sound, watertight and in good
repair; be adequate in size with respect to number of rooms and area of living space; and contain
the following:
1. A safe electrical wiring system adequate for lighting and other normal electrical
devises.
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2. A separate, well - lighted and ventilated bathroom that provides user privacy and
1 contains a sink, commode, and bathtub or shower stall.
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3. An appropriate, sanitary and approved source of hot and cold potable water.
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4. An appropriate, sanitary and approved sewage drainage system.
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5. A fully useable sink in the kitchen.
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6. Adequate space and service connections for a refrigerator.
7. An unobstructed egress to a safe, open area at ground level; and
8. Be free of any barriers which would preclude ingress or egress if the occupant is
handicapped.
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I Failure to meet any of these criteria automatically causes a dwelling to be considered
1 "substandard."
B. Substandard Condition Suitable for Rehabilitation
A dwelling unit is considered substandard if it does not fully comply with the standard
criteria, or has minor defects which require a certain amount of correction but can still provide
safe and adequate shelter or has major defects requiring a great deal of correction and will be
safe and adequate once repairs are made.
, To be suitable for rehabilitation, a trained housing specialist must carefully inspect the
dwelling and prepare a work write -up of repairs necessary to bring it up to standard condition. A
cost estimate of repairs will be prepared based on the needs identified in the work write -up.
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If these costs are equal to or less than 65% of the value of a comparable replacement unit
as obtained from more than one licensed contractor, the dwelling will be considered suitable for
rehabilitation. If the predicted cost exceeds 65 %, the unit will be deemed unsuitable.
This criteria is arbitrary, however, and the City Council may authorize deviations based
on the unique aspects of each dwelling, owner, tenant, etc. on a case by case basis. Each
deviation so approved must be thoroughly documented.
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IILPERMANENT, INVOLUNTARY DISPLACEMENT
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The City will provide reasonable relocation assistance to persons (families, individuals,
businesses, nonprofit organizations, displaced (moved permanently and involuntarily) as a result
of the use of CDBG /federal assistance to acquire or substantially rehabilitate property).
Assistance to displaced persons may include:
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• Payment for actual moving and relocation expenses documented by receipts
1 and /or vouchers from service providers and utility companies. The documents
I shall be submitted prior to the disbursement of payment.
• Advisory services necessary to help in relocating.
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• Financial assistance sufficient to enable the displaced person to lease and occupy
a suitable, decent, safe and sanitary replacement dwelling where the cost of rent
and utilities does not exceed 30 percent of the household gross income of a family
earning 80 percent of the median income for the jurisdiction.
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A. Provisions for One -on -One Replacement
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1 The City will replace all occupied and vacant occupiable low /moderate income dwelling
units demolished or converted to use other than a low /moderate income housing as a direct result
of activities assisted with funds provided under the Housing and Community Development Act
of 1974, as amended, and as described in 24 CFR Part 570. Replacement low /moderate income
I units may include public housing or existing housing receiving Section 8 project based -
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assistance.
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All replacement housing will be provided within three (3) years of the commencement of
the demolition rehabilitation relating to conversion and will meet the following requirements:
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1. The units will be located within the City.
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2. The units will meet all applicable City housing, building, and zoning ordinances
and will be in standard, or better, condition.
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3. The units will be designed to remain low /moderate income dwelling units for at
least 10 years from the date of initial occupancy (applies to initial tenant only).
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4. The unit will be sufficient in size and number (functionally equivalent) to house at
least the number of occupants who could have been housed in the units that are
I demolished or converted.
1 Before obligating or expanding CDBG /federal funds that will directly result in such
1 demolition or conversion, the local government will make public and submit to the Florida
1 Department of Community Affairs and/or the U.S. Department of Housing and Urban
Development the following information in writing:
a 1. A description of the proposed assisted activity.
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2. The general location on an area map including approximate number of dwelling
units by size (number of bedrooms) that will be demolished or converted to a use
1 other than low /moderate income dwelling units.
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1 3. A time schedule for commencement and completion of the demolition or
conversion.
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1 4. The general location on a service area map and approximate number of dwelling
1 units by size (number of bedrooms) that will be provided as replacement units.
1 5. Identification of the source of funding at the time of submittal and the time frame,
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location and source for the replacement units.
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6. The basis for concluding that each replacement dwelling unit will be designed to
remain a low /moderate income dwelling unit for at least 10 years from the date of
? initial occupancy.
7. Information demonstrating that any proposed replacement of a unit with a smaller
1 unit is consistent with the housing needs of LMI persons in the jurisdiction.
B. Provisions for Relocation Assistance for Residential Displacement
The City will provide relocation assistance, as described in 24 CFR Part 570, to each
low /moderate income household involuntarily displaced by the demolition of housing or by the
conversion of a low /moderate income dwelling to another use as a direct result of
'$ CDBG /federally assisted activities. Persons that are relocated are entitled to
1. A choice between actual reasonable moving expenses or a fixed expense and
dislocation allowance;
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2. Advisory services;
1 3. Reimbursement for reasonable and necessary security deposits and credit checks;
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4. Interim living costs; and
1 5. Replacement housing assistance which may include a Section 8 housing
voucher /certificate and referral to assisted units; cash rental assistance to reduce
1 the rent an utility cost or lump sum payment equal to the present value or rental
assistance installments to be used toward purchasing an interest in a housing
cooperative or mutual housing association for a period up to 60 months (5 years).
C. Provisions for Non - Residential Relocation
1 Businesses, non -profit organizations, etc., shall not be relocated unless the move is
1 voluntary, essential to the project from the public view, and the owner waives his /her rights
1 under the Uniform Act except for the following relocation assistance:
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1. Actual moving and reasonable re- establishment expenses not less than $1,000 or
more than $20,000 equal to prorated share for a period of interruption of
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operations of the average annual net earnings. Average annual net earnings
I before taxes during the two taxable years immediately prior to the taxable year it
was displaced.
2. No other benefits will be provided and a signed waiver acknowledging that fact
will be required.
IV. TEMPORARY, VOLUNTARY DISPLACEMENT & RELOCATION
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1 A. Persons occupying housing which is to be rehabilitated using CDBG /federal funds
I must voluntarily agree to inclusion in the program and shall vacate the housing at
the direction of the City (or its designated agency), in order to facilitate the safe,
timely and economical rehabilitation process.
B. A moving allowance of $300.00 will be provided each family unit so displaced.
This allowance will be provided in two payments of $150.00 each on move out
and move back in.
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C. The City may provide a safe, decent and sanitary housing unit for use as
temporary relocation housing. The unit shall be available free of charge to
temporarily displaced households for the time period authorized by the City's
designated agency, generally for the period of rehabilitation construction.
Households who occupy the unit shall have a $75.00 refundable deposit withheld
from their initial moving allowance payment. This deposit shall be refunded in
full immediately after the relocation unit is vacated in a clean and undamaged
condition. The deposited refunded shall be denied in full or in part for payment of
damages to the owner /lessee due to the occupants, (a) failure to properly clean or
_ maintain the unit, (b) physical damage to the unit, (c) loss of keys to the unit, (d)
need for any special condition such as fumigation. A $25.00 per day penalty may
also be assessed for the household's failure to do so by the City's designated
agency.
i D. A storage allowance of up to $150.00 will be provided each family unit displaced
if storage is necessary and essential to the move.
E. Insurance cost of up to $100.00 for the replacement value of the household
property in connection with the move will be provided each family unit displaced
if storage is necessary and essential to the move.
V. PERMANENT, VOLUNTARY DISPLACEMENT & RELOCATION
l If it is determined by the City that occupants of a dwelling should be permanently
relocated, and the occupant's voluntary consent, the government will assist in the relocation to a
decent, safe and sanitary dwelling unit. Benefits, if provided, will be limited to increases in
1 monthly housing costs incurred by the occupant in an amount equal to the lesser of 60 times the
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increase or 30 percent of the person's annual income. 24 CFR Part 570 must be consulted to
determine specific limitations.
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VI. TENANT ASSISTANCE POLICY
1 A. It is not the local government's policy to displace families in rental units.
Participating landlords will be required to warrant that the proposed rehabilitation
will not cause any tenant to be permanently displaced unless the owner will be
able to relocate the tenant displaced in accordance with HUD relocation criteria.
Rental Rehabilitation funds will not be used to rehabilitate the structures if the
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rehabilitation will cause the permanent displacement of LMI families.
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B. If it becomes necessary for an owner to temporarily move a tenant from a unit as a
direct result of rehabilitation assisted through rental rehabilitation funds, the
owners will assure that the tenant is offered a decent, safe and sanitary dwelling
unit at an affordable rate as described on the applicable regulations. No tenant
will be considered displaced if the owner has offered the tenant a decent, safe,
i sanitary and affordable unit and the tenant has declined the offer.
C. Should temporary displacement becomes necessary for a LMI family as a result
of the rental rehabilitation assistance, the owner will assure that tenants are
1 provided necessary financial assistance, information, counseling, referrals and
housing location options regarding Federal Housing Ordinance and other
relocation services as needed without regard to race, color, religion, sex, familial
status, age, handicap or national origin, so as to enable the family to obtain
1 decent, safe, and sanitary housing at an affordable rate.
D. The Housing Authority at the City of Cape Canaveral shall provide federal
preferences to any qualified LMI family subject to relocation. Where Section 8
Housing vouchers are available, such preferences will apply.
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E. Where required compensation to obtain replacement housing shall not exceed
1 $3,000.00 threshold. Should such projected compensation to the tenant exceed
this threshold, consideration shall be given to not performing the demolition
1 rehabilitation which would cause displacement.
VII. DISPLACEMENT OF HOMEOWNERS
When rehabilitation of the dwelling is not feasible of cost effective, demolition of house
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with CDBG /federal funds may be considered, only as a voluntary action by the homeowner.
Although homeowners have a right to assistance as previously discussed, CDBG /federal
funds available for relocation assistance are limited. Therefore, financial assistance shall not
exceed that described in accordance with 49 CFR 24.401, and the regulations under U.S. HUD
Handbook 1378.
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VIII. APPEALS / COUNSELING
A. If a claim for assistance is denied by the City, the claimant may appeal where
applicable to either the State of Florida or U.S. Department of Housing and Urban
1 Development, and their decision shall be final unless a court determines the decision
was arbitrary and capricious.
B. Counseling will be provided to displacees in the area of households finance, fair
housing rights, real estate transactions, and locating and evaluating replacement
housing options. Counseling shall be provided by the City or its designated agency to
permanently ensure that:
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1. No person is discriminated against based upon age, race, color, religion, sex,
handicap, familial status, national origin, or presence of children in the
households.
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2. Displacees receive information concerning the full range of housing opportunities
within the local housing market.
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