2.40.010 Relocation appeals board | Cudahy Municipal Code

2.40.010 Relocation appeals board.

(a) Establishment and Designation of Board. The relocation appeals board provided by Health and Safety Code Section 33417.5, a section of the Community Redevelopment Law, is hereby established and, pursuant to Section 7266 of the Government Code, is hereby designated to hear appeals from the determinations of all officers, bodies, departments and agencies of the city of Cudahy and of the Cudahy redevelopment agency, as to the eligibility for, or the amount of, a payment authorized by Chapter 16 (Sections 7260, et seq.), Division 7, Title 1, of the Government Code. Such relocation appeals board is hereinafter denominated as “the board.”

(i) The board shall consist of five members, each of whom shall be a resident of, or employed within, the city and shall be appointed by the mayor and approved by the city council.

(ii) Each member of the board shall serve at the pleasure of the city council and shall be appointed for a term of three years, except that in the first instance, two members 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.

(iii) No member or employee of the Cudahy redevelopment 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.

The board may also appoint such other officers as may be necessary or convenient for the administration of its business, for like terms. The board shall conduct its business in accordance with this section, and may in addition adopt rules, not inconsistent with this section, for the conduct of its business, and shall keep a record of all its minutes, resolutions, actions, proceedings, findings and determinations, all of which shall be filed with the city clerk. The city manager shall appoint a city employee to serve as staff advisor to the board.

(d) Compensation. Members of the board 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.

(a) Right of Review. Any person displaced because of the acquisition of real property by a city agency for a public purpose may appeal to the board for a review of any determination of the redevelopment agency or any other agency of the city (hereinafter denominated as “agency”) regarding relocation or relocation assistance as provided by applicable state or local law or regulation or, where applicable, federal relocation rules.

(b) Subject Matter Jurisdiction of Board. The board is empowered to hear and consider appeals from the determination of such agency regarding:

(i) Eligibility for relocation assistance; or

(ii) The amount of relocation assistance allowed; or

(iii) The failure to provide appropriate residential replacement housing referrals for displaced persons; or

(iv) Other substantial noncompliance by such agency with applicable state or local law or regulation or, where applicable, federal relocation rules, regarding relocation or relocation assistance.

(c) Powers of Recommendation. After hearing and considering any appeal, the board shall have the power, upon a majority vote of those who heard the entire appeal, subject to the provisions of subsection (3)(a) of this section, to recommend that the determination of the agency in question be affirmed, reversed or modified by that agency. The decision of the board shall be advisory only, but shall be duly and promptly considered by the agency whose determination is under review.

(a) Quorum. A majority of the total membership of the board shall constitute a quorum. If the number of members present at the first hearing on an appeal is four, the hearing shall be continued to a time at which the full board shall be present, unless the parties stipulate that the hearing may proceed. After hearings on an appeal have begun, if one or more members who heard the entire appeal up to that point are absent from any continued hearing, the continued hearing shall be further continued to enable the absent members to be present, unless the parties stipulate that all further hearings may proceed with, and the decision may be rendered by, those members who are present at the time of such stipulation (but not less than a quorum). In such event, any of such members present who are absent from any previous hearing shall study the transcript of the testimony and arguments of the parties and the evidence prior to the deliberations. Any members who are present at any continued hearing or at the deliberations on the appeal and have not been present at all previous hearings on said appeal may, if the parties so stipulate or have previously so stipulated, participate in all further hearings, study the transcript of the testimony and arguments of the parties and the evidence, and participate in the deliberations and decision.

(b) Compliance with Procedures. The board shall follow the relocation guidelines adopted by the city council, as they may from time to time be amended by the city council (“city guidelines”), except in those cases governed by federal relocation rules, and in those cases the board shall follow the applicable federal relocation rules to the extent they are inconsistent with the city guidelines.

(c) Agency Determination. If 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 agency shall include in its written notification to the claimant the reasons for its decision and the procedures for appeal to the board.

(i) Before seeking formal review by the board, the claimant may, at claimant’s election, file a written request for a full written explanation of the agency’s determination and the basis therefor if claimant deems that the explanation offered with the notification of the determination is inadequate. Such request for a full written explanation shall be responded to by the agency within 30 days of its receipt. The right to formal review by the board shall not be conditioned upon requesting a full written explanation.

(ii) The claimant may, at claimant’s election, file a written request for an informal oral presentation before seeking formal review by the board. Within 30 days of such request, or such longer period as may be agreed to by the parties, the public entity shall afford the claimant the opportunity to make such presentation, except that if such 30-day period is thus extended, the time limits of subsection (3)(d)(iv) of this section shall be increased by the number of days of such extension. The claimant may be represented at this informal presentation by an attorney or other person of claimant’s choosing. This oral presentation shall enable the claimant to discuss the claim with the head of the public entity or a designee (other than the person who made the initial determination) having authority to revise the initial determination on the claim. The public entity shall make a summary of the matters discussed in the oral presentation to be included as part of its file. The right to formal review by the board shall not be conditioned upon requesting an oral presentation.

(iii) Written Request for Review by the Board. The claimant may file a written request for formal review by the board. Such request may be made in letter form. The request for review shall state in ordinary terms the facts complained of, the error or other defect in 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 agency which rendered the determination shall provide assistance and shall notify the claimant of other sources of assistance. The claimant may include in the request for review any statement of fact within the claimant’s knowledge or belief or other material which may have a bearing on the appeal. Requests for review shall be liberally construed and shall be deemed sufficient if adequate to apprise the board and agency of the general nature of the complaint. The written request for review by the board shall be filed within the period described in subsection (3)(d)(iv) of this section, except that if the claimant requests additional time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor, the agency or the board may grant a reasonable extension.

(iv) Limitation on Appeals. An aggrieved claimant must file a request for formal review of the determination of the agency with the board within six months of the date of receipt of the determination, or within 18 months following the date the claimant moves from the property or the date the claimant receives final compensation for the property, whichever is later, except as said period may be extended as provided elsewhere in this subsection.

(e) Date of Hearing. Upon receipt of a conforming request for review by the board, the board shall set a date for a public hearing at the earliest practicable time to consider the aggrieved party’s claim. The hearing shall be scheduled no later than 90 days after the receipt of the request for review, except with the consent of the claimant and the respondent agency. However, the board may, in its discretion for good cause, grant reasonable extensions or continuances of said hearing.

(f) Notice of Hearing. 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 notice by posting in three public places in the city, together with written notice by registered mail to the claimant or claimant’s agent, to the agency responsible for the determination, and to any other interested party, given at least 10 days prior to the date of the hearing and specifying the date, time and place of the hearing.

(g) Right of Inspection of Files. Subject to such reasonable limitations as may be prescribed by the city council or the respondent agency, the claimant or claimant’s agent shall be allowed to inspect all files and official records in the custody of the city or agency which bear upon claimant’s appeal, except that such right of inspection shall not extend to material protected from disclosure by privilege, work product protection, or other provisions of law.

(h) Public Hearing. A claimant may present his/her appeal personally or may be represented at any and all stages of the appeal proceedings by an attorney, at claimant’s expense. The parties to the appeal may file briefs with the board, may make oral presentations to the board, and may present evidence. The appeal proceedings before the board shall be conducted in accordance with the general procedures applicable to civil trials, except that the proceedings shall be conducted informally, and the proceedings shall not be bound by the rules of evidence applicable in court proceedings. The parties to the appeal hearing shall be entitled, on proper application, to the issuance by the city council of subpoenas requiring the attendance of witnesses or the production of books or other documents for evidence or testimony in said appeal proceedings before the board. The oath or affirmation shall be administered to all witnesses.

(i) The board, within 15 days after the public hearing, shall transmit its report and recommendations, in writing, to the agency responsible for the determination which was the basis of the appeal.

(ii) The written report of the board shall include:

(A) The name and address of the claimant;

(B) A summary of the complaint and a copy of the complaint;

(D) Comments on the impact of the case, if any, on the project of the city or agency; and

(E) Recommendations of the board, supported by specific findings of fact and conclusions of law to enable an adequate reconsideration by the agency.

(i) The agency responsible for the determination shall expeditiously proceed to give the report and recommendations of the board all due consideration and shall, within 30 days of their receipt, render a final determination of the matters appealed from.

(ii) The final determination shall include the agency’s decision on reconsideration of the claim, in light of the report and recommendations of the board.

(iii) The final determination shall include a statement of the factual and legal basis of the agency’s decision, including any pertinent explanation or rationale for any conclusion which differs from the board’s report.

(iv) If the claim is dismissed on grounds not reaching the merits of the claim or the substance of the board’s report, the agency shall issue a statement explaining the dismissal to the claimant.

(v) Notice of the final determination of the agency shall be sent promptly to the claimant, the board and any other interested parties.

(a) Liberal Rule of Construction. 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 receive the benefits provided by law in connection with relocation resulting from programs designed for the benefit of the public as a whole.

(b) Compliance with Applicable Law. The board shall make inquiry as to whether all applicable guidelines relative to relocation assistance have been complied with substantially by the agency.

(c) Reasonableness of Determination. The board shall consider all the material evidence before it as provided in this section, and shall determine whether, under the circumstances, the determination was reasonable and whether there are exigent circumstances which were not before the agency at the time of its determination.

(d) Grounds for Reversal or Modification. The determination should be modified or reversed if:

(i) There is found a substantial noncompliance with the applicable guidelines; or

(ii) Exigent circumstances which were not before the agency at the time of the determination warrant a modification or reversal.

(e) Establishment of Precedent. 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.

(a) Judicial Review. Upon exhaustion of administrative remedies, nothing in this section shall preclude or limit in any way a claimant’s right to seek judicial review of the agency’s final determination.

(b) Savings Clause. If any of the provisions of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provisions or application. (Ord. 490 § 2; Ord. 476 § 8; Ord. 360 § 1. 2002 Code § 2-4.8).