Item 39 - Relocation Plan for Fairview Bridge Replacement and Street Improvements

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Fairview Bridge Replacement and Street Improvements: Relocation Plan 21 Reminder Notices would be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive displacees no later than within the last six months prior to the expiration date to file a claim for benefits. B. Privacy of Records All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City or as a requirement of a specific Public Records Request in accordance with federal and state law. Relocation staff would comply with federal regulations concerning the safeguarding of relocation files and their contents. C. Grievance Procedures A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable replacement housing referrals, or the City’s property management practices must file an appeal form or any other written form of appeal with the City’s Right-of-Way Project Manager or his/her designee (Hearing Officer). The Hearing Officer shall set a hearing date of no later than 30 days from receipt of the appeal. The person making the appeal shall have: 1. The right to present oral and/or written evidence in support of the appeal, 2. The right to seek legal counsel (hired at the appellant’s sole expense), and 3. The right to seek judicial review once having exhausted all administrative appeal remedies. The Hearing Officer shall render a decision, in writing, within 30 days following the last day of the hearing. A copy of the decision would be mailed, via certified or registered mail, to the appellant and his/her authorized representative and copies would be filed in the relocation case file. The decision of the Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial review of the Hearing Officer’s decision. D. Eviction Policy Eviction for cause must conform to applicable federal, state and local law. Any person, who occupies the real property and is in lawful occupancy on the date of the ION, is presumed to be entitled to relocation payments and other assistance, unless the City determines that: 1. The person received an eviction notice prior to the ION and as a result of that notice is later evicted, or 2. The person is evicted after the ION for serious or repeated violation of material term(s) of the lease or occupancy agreement, and 3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments or other assistance to which a person may otherwise be entitled.