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Sec. C5-1. Intent and purpose.

The Board of Supervisors finds that tenants who are required, as a consequence of an action of the Building Official, to vacate a structure which is rented or provided for residential purposes due to unsafe or hazardous living conditions oftentimes experience difficulties in finding affordable, temporary housing while such structure is being repaired, and/or experience difficulties in finding other permanent affordable housing.

Further, said difficulties frequently create a financial hardship for such tenants. In the past, effected tenants have often turned to County government for financial assistance in obtaining alternative housing. The resources available to County government with which to assist these tenants have become increasingly constrained. Further, such tenants often require public health, transportation, storage and other services on an interim basis, due both to the health impacts of unsafe or hazardous housing, as well as unanticipated needs occasioned by eviction.

The Board of Supervisors also finds that property owners who allow such structures to become unsafe or hazardous should bear responsibility for the hardship their actions create when the tenants are required to vacate the premises.

The intent of this division is to ensure that adequate relocation assistance is available to lawful tenants who face eviction through no fault of their own. Further, the intent is to provide that assistance in a manner that is as equitable as possible to the tenant, the property owner, and the public at large. Therefore, the Board of Supervisors finds and declares that it is necessary to enact this division to protect the public health, safety and welfare.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-2. Definitions.

For the purposes of this division, the following terms are as defined below:

Relocation assistance shall mean substitute housing or cash payment in an amount as specified in Section C5-3(b).

Right of first refusal shall mean the right of a tenant to reoccupy a residential unit on the site formerly occupied by such tenant, once the residential structure is repaired and becomes legally habitable, or once replacement housing is developed on the site.

Substitute housing shall mean a suitable legal rental or employee dwelling unit as determined by tenant household size and HUD standards, and provided at the same cost to the tenant as the vacated unit.

Tenant shall mean each person who lawfully occupies a dwelling unit as her/her residence, with or without charge, which dwelling unit is owned or leased by another person. Tenant shall also include each person or persons who receive the housing in exchange for all or part of his/her labor and any family members who lawfully reside in the unit under terms of tenancy or with the knowledge and/or consent of the owner or the owner's agent.

Unit shall mean any dwelling, structure or room which is the permanent or customary and usual residence from which a tenant is displaced.

Unsafe or hazardous condition means any condition not in conformity with the standards contained in the Uniform Housing Code, as adopted by the County, or to applicable standards contained in the Health and Safety Code.

(Ord. No. NS-1100.82, § 1, 4-27-93)

Sec. C5-3. Relocation assistance requirements.

Eviction notification and relocation assistance, as provided below, shall be provided by a landowner to any tenant upon an order of the Building Official or Health Officer to vacate any premises due to unsafe or hazardous conditions, or upon service by a landowner of a notice of eviction due to unsafe or hazardous conditions. For purposes of this division, it shall be rebuttably presumed that a notice of eviction is due to unsafe or hazardous conditions, if it is served within six months of the notification of a landowner by the Building Official or Health Officer of intent to record a notice of violation of the Uniform Housing Code or the Health and Safety Code.