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HomeMy WebLinkAboutReso 63-2023 (23-330)• City of South San Francisco City Council • Resolution: RES 63-2023 File Number: 23-330 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: RES 63-2023 RESOLUTION APPROVING BUDGET AMENDMENT NUMBER 23.066 APPROPRIATING $50,000 FROM THE CITY'S AFFORDABLE HOUSING TRUST FUND (FUND 205) TO ADVANCE RELOCATION PAYMENTS, RECOVER RELOCATION COSTS, AND ANY RELATED ADMINISTRATIVE EXPENSES, PURSUANT TO SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 8.70 RELATED TO PROPERTY OWNER OBLIGATIONS WITH RESPECT TO TENANTS DISPLACED FROM UNSAFE OR SUBSTANDARD UNITS AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO RELOCATION ASSISTANCE PAYMENTS. WHEREAS, the City Council desires to appropriate fifty thousand dollars ($50,000) from the City's Affordable Housing Trust (Fund 205) to advance relocation payments to displaced tenant households, recover the relocation costs, and any related administrative costs pursuant to Chapter 8.70 of the South San Francisco Municipal Code (SSFMC) related to Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units; and WHEREAS, some residential rental units in South San Francisco have severe code violations which threaten the life and safety of occupants, and while these situation are rare, they must be addressed; and WHEREAS, the hazardous living conditions often require that the tenant vacate the structure to allow for extensive repairs of demolition of the structure; and WHEREAS, when these code violations are caused by negligence or postponed maintenance by the property owner, or when the property owner allows the improper use of a structure, the health and safety of tenants are at risk; and WHEREAS, in 2019, the City Council adopted Ordinance 1584-2019 adding SSFMC Chapter 8.70 Property Owner Obligations With Respect to Tenants Displaced from Unsafe or Substandard Units; and WHEREAS, SSFMC Chapter 8.70 establishes a form of relocation assistance available to residential rental tenants displaced due to unsafe or substandard living conditions, which applies when a code violation is issued by the City and the tenant household is required to vacate the unit whether temporarily or permanently; and WHEREAS, if the property owner is unable to pay or refuses to pay the relocation assistance at the time it is required, the City, in its sole discretion and subject to funding availability, is able to remit the relocation assistance directly to the tenant(s) and bill the property owner for the amount of payment, plus City of South San Francisco File Number: 23-330 Enactment Number: RES 63-2023 any administrative and other direct and/or indirect costs that it would not have incurred without the failure of the property owner to make the required payment; and WHEREAS, if the City makes the relocation payments, the property owner is then required to reimburse the City, and the City may also place a lien against the property to recoup the funds; and WHEREAS, property owners who fail to properly maintain residential rental properties, and/or create substandard residential rental units should bear responsibility for the hardships their actions (or inaction) create for the tenant; and WHEREAS, relocation benefits and assistance are necessary to ensure that displaced tenants secure safe, sanitary and decent replacement housing; and WHEREAS, relocation costs are a necessary component of code enforcement that should be borne by the property owner, and the City should be reimbursed by the responsible owner for relocation -related costs that it incurs in the code enforcement process; and WHEREAS, the transaction will serve the goals of the City's housing element by maintaining and improving quality of life and assuring equal access to housing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby: Approve Budget Amendment Number 23.066 authorizing the appropriation of $50,000 from the City's Affordable Housing Trust Fund (Fund 205) to advance relocation payments to displaced tenant households, recover relocation costs, and any related administrative costs, pursuant to SSFMC Chapter 8.70 Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units. 2. Authorizes the City Manager, or her designee, to advance relocation payments to displaced tenant households, recover relocation costs, execute documents related to relocation assistance payments and any related administrative costs, and to take any other action consistent with the intent of this resolution. At a meeting of the City Council on 4/26/2023, a motion was made by Vice Mayor Nagales, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Mayor Nicolas, Vice Mayor Nagales, Councilmember Addiego, Councilmember Coleman, and Councilmember Flores Attest by 9M & �L osa Govea Acosta, City Clerk City of South San Francisco