AN ORDINANCE relating to relocation assistance for emergency orders, amending SMC Section 22.200.020 relating to the intent of the Code regarding relocation assistance payments; amending SMC Section 22.202.050 relating to fines and penalties deposited in the Housing and Abatement Account; adding a new SMC Section 22.202.060 to establish an account for the payment of emergency relocation assistance; amending SMC Section 22.206.260 to provide for annual adjustment to the amount of relocation assistance for emergency orders; adding a new SMC Section 22.206.265 to establish procedures for paying relocation assistance for emergency orders; amending SMC Section 22.206.280 to increase the penalty when a property owner fails to pay relocation assistance for an emergency order; and adding a new SMC Section 22.206.295 providing a private right of action for tenants.

WHEREAS, the Seattle Housing and Building Maintenance Code (SMC Chapter 22.206) provides that property owners are required to pay relocation assistance to tenants who vacate their housing units pursuant to an Emergency Order to Vacate and Close issued because the condition of the building is an imminent threat to the health and safety of the occupants or the public; and

WHEREAS, tenants who are required to move by an Emergency Order to Vacate and Close often have very low incomes and lack the financial resources to secure, on short notice, other affordable living accommodations; and

WHEREAS, an Emergency Order to Vacate and Close often gives tenants less than seventy-two (72) hours to vacate an unsafe premises; and

WHEREAS, the typical costs incurred by tenants within The City of Seattle to relocate often include screening and application fees, the cost to move household goods, utility service deposit and connection fees, advance payment of first and last month's rent, and security and damage deposits; and

WHEREAS, owners of properties who are required to pay relocation assistance to tenants who vacate pursuant to an Emergency Order to Vacate and Close issued under the Housing and Building Maintenance Code frequently do not pay within the timeframe required by the ordinance; and

WHEREAS, poor and low income tenants who vacate as required by an Emergency Order are at a greater risk of becoming homeless, because they do not have sufficient resources to secure alternative accommodations;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 22.200.020 of the Seattle Municipal Code, which was last amended by Ordinance 115671, is amended as follows:

22.200.020 Declaration of findings and intent.

A. It is found and declared that there exist, within The City of Seattle, buildings together with appurtenant structures and premises which that are substandard, deteriorating, in danger of causing or contributing to the creation of slums or otherwise blighted areas, and hazardous to the health, safety , and general welfare of the public.

B. It is further found and declared that these conditions are the result of, among other causes: inadequate original construction; dilapidation; failure to repair; lack of proper sanitary facilities and maintenance; structural defects; vacant or abandoned buildings or properties; overcrowding; electrical, mechanical and other defects increasing the hazards of fire, accidents or other calamities; uncleanliness; inadequate heating, lighting and ventilation.

C. It is further found that maintenance of the housing stock is critical to the health, safety and welfare of the general public and it is the intent of this Code to assure the preservation of the existing supply of housing in The City of Seattle by establishing minimum standards and an effective means for enforcement and by encouraging the rehabilitation and re-use of existing structurally sound buildings.

D. It is further found and declared that arbitrary eviction of responsible tenants imposes upon such tenants the hardship of locating replacement housing and provides no corresponding benefit to property owners.

E. It is further found and declared that tenants who do not respect the rights of others impose unnecessary hardship.

F. It is the intent of this Code that relocation assistance payments required by Subtitle II of Title 22 shall be in addition to a refund from the property owner of any deposits and of other sums to which a tenant is lawfully entitled under state or federal law.

{G. The express purpose of this Code is to provide for and promote the health, safety and welfare of the general public, and not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code. The obligation of complying with the requirements of this Code and the liability for failing to do so is hereby placed upon the property owner and/or occupant or persons responsible for the condition of the buildings or premises.

Section 2. Section 22.202.050 of the Seattle Municipal Code, which was last amended by Ordinance 120537, is amended as follows:

22.202.050 Housing and Abatement Accounting Unit.

A restricted accounting unit designated as the "Housing and Abatement Account" is established in the Construction and Land Use Fund from which account the Director is hereby authorized to pay the costs and expenses incurred for the repair, alteration, improvement, vacation and closure, removal or demolition of any building, structure or other dangerous condition pursuant to the provisions of this Code, or pursuant to any other ordinance administered and enforced by the Director declaring any building, structure or premises to be a public nuisance and ordering the abatement thereof. Money from the following sources shall be paid into the Housing and Abatement Accounting Unit:

A. Sums recovered by the The City as reimbursement for costs incurred by the The City for the repair, alteration, stabilization, improvement, vacation and closure, removal or demolition of buildings or structures in accordance with this Code;

B. Sums recovered bythe The City as reimbursement for costs and expenses of abatement of buildings, structures and premises declared to be public nuisances;

C. The unencumbered balance remaining in the Housing and Abatement Revolving Fund created by Ordinance 106319;

D. Other sums which that may by ordinance be appropriated to or designated as revenue of the account;

E. Other sums which that may by gift, bequest or grant be deposited in the account; and

F. Fines and penalties collected pursuant to Sections 22.206.280 and 22.208.150 and pursuant to subsections A, B, D, E, F, and G of SMC Section 22.206.280, SMC Chapter 22.207 and SMC Section 22.208.150.

Section 3. A new Section 22.202.060 is added to the Seattle Municipal Code to read as follows:

22.202.060 Emergency Relocation Assistance Accounting Unit.

A restricted accounting unit designated as the "Emergency Relocation Assistance Account" is established in the Construction and Land Use Fund, from which account the Director is hereby authorized to pay relocation assistance pursuant to SMC Section 22.206.265, when a property owner is required to deposit such assistance pursuant to SMC Section 22.206.260.

A. The total amount of unreimbursed advances from this account shall not exceed Fifty Thousand Dollars ($50,000.00) at any given time.

B. Money from the following sources shall be paid into the Emergency Relocation Assistance Account:

1. Fines and penalties collected pursuant to subsection C of SMC Section 22.206.280;

2. Sums that may by ordinance be appropriated to or designated as revenue to this account;

3. Other sums that may by gift, bequest or grant be deposited in the account;

4. Reimbursement of monies paid by The City of Seattle as relocation assistance from this account; and

5. Relocation assistance monies deposited by property owners with the Director pursuant to subsection G of SMC Section 22.206.260.

Section 4. Section 22.206.260 of the Seattle Municipal Code, which was last amended by Ordinance 115671, is amended as follows:

22.206.260 Emergency order.

A. Whenever the Director finds that any building, housing unit or premises is an imminent threat to the health or safety of the occupants or the public, an emergency order may be issued directing that the building, housing unit and/ or premises be restored to a condition of safety and specifying the time for compliance. In the alternative, the order may require that the building, housing unit or premises be immediately vacated and closed to entry.

B. The emergency order shall be posted on the building, housing unit or premises, and shall be mailed by regular, first class mail to the last known address of the property owners and, if applicable, to the occupants. All property owners and occupants of such building, housing unit or premises are deemed to have notice of any emergency order so posted and mailed.

C. It shall be unlawful for any person to fail to comply with an emergency order issued by the Director requiring that the building, housing unit and/ or premises be restored to a condition of safety by a specified time.

D. It shall be unlawful for any person to use or occupy, or to cause or permit any person to use or occupy the building, housing unit or premises after the date provided in an emergency order requiring the building, housing unit and/ or premises to be vacated and closed until the Director certifies that the conditions described in the emergency order have been corrected and the building, housing unit and/or premises have been restored to a safe condition.

E. Any building, housing unit or premises subject to an emergency order which that is not repaired within the time specified in the order is found and declared to be a public nuisance ((which)) that the Director is hereby authorized to abate summarily by such means and with such assistance as may be available to the Director, and the costs thereof shall be recovered by the Director in the manner provided by law.

F. 1. Any tenant who is required to vacate and actually vacates a housing unit as a result of an emergency order shall be paid relocation assistance by the owner pursuant to and contingent upon compliance with the provisions of subsections G and H of SMC Section 22.206.260 and SMC Section 22.206.265 at the rate of Two Thousand Dollars ($2,000.00 Two Thousand Eight Hundred Dollars ($2,800.00) for each tenant household with income during the past preceding twelve (12) months at or below fifty 50 percent (50%) of the county median income median family income for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, adjusted for family size ("median family income"), and two (2) months' rent for each tenant household with income during the past preceding twelve (12) months above fifty 50 percent (50%) of the county median income median family income, provided all of the following conditions are met:

1a. The emergency order requires the housing unit occupied by the tenant to be vacated and closed;

2b. The conditions which that create the emergency arise from circumstances within the control of the property owner, including, but not limited to, conditions arising from failure to perform maintenance on the premises, affirmative acts of the property owner, or termination of water or utility services provided by the property owner;

3c. The conditions which that create the emergency do not arise from an act of God or from the affirmative actions of a person or persons beyond the control of the property owner; and

4d. The conditions which that create the emergency are not caused solely by the actions of the tenant.

2. The amount of relocation assistance to be paid pursuant to subsection F1 of SMC Section 22.206.260 to a tenant household with income during the preceding twelve (12) months at or below fifty percent (50%) of the median family income may be adjusted annually by the percentage change in the housing component of the Consumer Price Index for All Urban Consumers (CPI-U) for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area as published by the United States Department of Labor, Bureau of Labor Statistics. Such adjustments are authorized to be made by Director's Rule.

G. The property owner is required to pay deposit with the Director the relocation assistance provided in subsection F in a form acceptable to the Director no later than the deadline specified in the emergency order to vacate and close the building, housing unit or premises.

H. No relocation assistance may be paid pursuant to subsection F1 of SMC Section 22.206.260 to tenants with household incomes during the preceding twelve (12) months greater than fifty percent (50%) of the median family income unless the property owner has deposited the required assistance pursuant to subsection G of SMC Section 22.206.260.

Section 5. A new Section 22.206.265 is added to the Seattle Municipal Code to read as follows:

22.206.265 Emergency relocation assistance payments.

A. A tenant subject to an emergency order to vacate and close may request an emergency relocation assistance payment from the Emergency Relocation Assistance Account. The Director may establish by Rule application requirements for this Section.

1. To apply for emergency relocation assistance, a tenant household with a household income during the preceding twelve (12) months at or below fifty percent (50%) of the median family income must:

a. Submit a completed and signed request for an emergency relocation assistance payment on an application form provided by the Director along with documentation sufficient to establish tenant household income for the preceding twelve (12) months and any additional information required by the Director;

b. Certify, in a manner approved by the Director, that the tenant has vacated a building, housing unit or premises pursuant to an emergency order to vacate and close; and

c. Complete the application requirements contained in this subsection within seven (7) days of the date set for compliance with an emergency order to vacate and close a building, housing unit or premises.

2. To apply for emergency relocation assistance, a tenant household with a household income during the preceding twelve (12) months greater than fifty percent (50%) of the median family income must:

a. Submit a completed and signed request for an emergency relocation assistance payment on an application form provided by the Director along with documentation sufficient to establish the monthly rental amount of the building, housing unit or premises under the existing rental agreement for the most recent rental period and that the household income for the preceding twelve (12) months is greater than fifty percent (50%) of the median family income as well as any additional information required by the Director;

b. Certify, in a manner approved by the Director, that the tenant has vacated a building, housing unit or premises pursuant to an emergency order to vacate and close; and

c. Complete the application requirements contained in this subsection within seven (7) days of the date set for compliance with an emergency order to vacate and close a building, housing unit or premises.

B. A relocation assistance payment deposited with the Director by a property owner pursuant to subsection G of SMC Section 22.206.260 shall be paid to the tenant on whose behalf the deposit was made within three (3) business days after receipt by the Director of both the funds for relocation assistance and a completed and signed application for an emergency relocation assistance payment from the tenant.

C. If a tenant with a household income during the preceding twelve (12) months at or below fifty percent (50%) of the median family income satisfactorily completes the application process described in subsection A1 and the property owner fails to deposit the relocation assistance as required by subsection G of SMC Section 22.206.260, the Director may pay to such tenant from the Emergency Relocation Assistance Account, subject to the limitation established in subsection A of SMC Section 22.202.060, the full amount of relocation assistance that such tenant would have received had the property owner deposited the relocation assistance as required.

D. If a tenant has been paid relocation assistance from the Emergency Relocation Assistance Account pursuant to subsection C and is subsequently paid the relocation assistance provided by subsections F and G of SMC Sections 22.206.260 directly by the property owner, the tenant must reimburse The City of Seattle the full amount of relocation assistance paid from the Emergency Relocation Assistance Account within three (3) business days of the receipt of the relocation assistance payment from the property owner.

E. If a tenant either fails to submit to the Director a completed and signed application for relocation assistance by the deadline established in subsection A or fails to negotiate a check or warrant for emergency relocation assistance within sixty (60) days of the date of the check or warrant, the Director shall refund to the property owner the full amount of relocation assistance deposited on behalf of a tenant pursuant to SMC Section 22.206.260 within seven (7) business days after such failure by the tenant.

F. Any check or warrant for relocation assistance from the Emergency Relocation Assistance Account that is not presented for payment within sixty (60) days may not be honored.

Section 6. Section 22.206.280 of the Seattle Municipal Code, which was last amended by Ordinance 120302, is amended as follows:

22.206.280 Civil penalty.

A. In addition to any other sanction or remedial procedure that may be available, and except for violations of SMC Section 22.206.180, any person violating or failing to comply with any requirement of this Code shall be subject to a cumulative civil penalty in the amount of:

1. Fifteen Dollars ($15.00) per day for each housing unit in violation, and Fifteen Dollars ($15.00 per day for violations in the common area or on the premises surrounding the building or structure, from the date set for compliance until the person complies with the requirements of this Code; or

2. Seventy-five Dollars ($75.00) per day for each building in violation of the standards contained in SMC Section 22.206.200, from the date set for compliance until the person complies with the requirements of that section.

3. One Hundred Dollars ($100.00) per day from the date a tenant fails to reimburse The City of Seattle for emergency relocation assistance as required by subsection D of SMC Section 22.206.265 until the date the relocation assistance is repaid to The City of Seattle.

4. One Hundred Dollars ($100.00) per day for any person who provides false or misleading information to the Director and as a result of the false or misleading information is paid emergency relocation assistance by The City of Seattle for which the person would not otherwise be eligible, from the date the person receives the emergency relocation assistance until the date the relocation assistance is repaid to The City of Seattle.

B. Any person who does not comply with an emergency order issued by the Director pursuant to this SMC Chapter 22.206 shall be subject to a cumulative civil penalty in the amount of One Hundred Dollars ($100.00) per day from the date set for compliance until the Director certifies that the requirements of the emergency order are fully complied with.

C. Any property owner who fails to pay deposit relocation assistance as required by subsection subsections F and G of SMC Section 22.206.260 shall be subject to a cumulative civil penalty in the amount of:

1. For each tenant with a household income during the preceding twelve (12) months at or below fifty percent (50%) of the median family income for whom the property owner did not deposit relocation assistance as required by subsection G of SMC Section 22.206.260:

a. Two Thousand Five Hundred Dollars ($2,500.00), Three Thousand Three Hundred Dollars ($3,300.00), plus

b.One Hundred Dollars ($100.00) per day for each tenant who is entitled to receive but who does not receive the required relocation assistance from the day such payment is required by this Code until the required payments are made. from the date such deposit by the property owner is required until the date the property owner pays to The City the penalty provided for in subsection C1a; or

2. For each tenant with a household income during the preceding twelve (12) months greater than fifty percent (50%) of the median family income for whom the property owner did not deposit relocation assistance as required by subsection G of SMC Section 22.206.260 , One Hundred Dollars ($100.00) per day from the date such deposit is required until the date on which the relocation assistance required by subsections F and G of SMC Section 22.206.260 is deposited with The City of Seattle.

D. In addition to any other sanction or remedial procedure that may be available, any owner of housing units who violates subsection C6 of SMC Section 22.206.160 C6 shall be subject to a civil penalty of not more than Two Thousand Five Hundred Dollars ($2,500.00).

E. In addition to any other sanction or remedial procedure that may be available, anyone who obstructs, impedes, or interferes with an attempt to inspect a building or premises pursuant to the authority of an inspection warrant issued by any court or an attempt to inspect a housing unit after consent to inspect is given by a tenant of the housing unit shall be subject to a civil penalty of not more than One Thousand Dollars ($1,000.00).

F. Any person who violates or fails to comply with subsections A5, A6 or A7 of SMC Section s 22.206.180 A5, 22.206.180 A6, or 22.206.180 A7 shall be subject to a cumulative civil penalty in an amount not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00) per violation. Each day that a separate act action or inaction occurs that is a violation of subsections A5, A6 or A7 of SMC Section s 22.206.180 A5, 22.206.180 A6 or 22.206.180 A7 constitutes a separate violation.

G. The Director shall notify the City Attorney in writing of the name of any person subject to a civil penalty for violations of this Code, except that for violations of SMC Section 22.206.180, the Chief of Police shall notify the City Attorney. The City Attorney shall take appropriate action to collect the penalty. In any civil action for a penalty, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed and, for violations of sections other than SMC Section 22.206.180, that the violation was not corrected by the date established by the Director in a notice, order or decision. The issuance of a notice of violation or an order following a review by the Director is not itself evidence that a violation exists.

H. The violator may show, in mitigation of liability, that correction of the violation was commenced promptly upon receipt of notice, but that compliance within the time specified was prevented by an inability to obtain necessary materials or labor, inability to gain access to the subject building, or other condition or circumstance beyond the control of the violator, and upon a showing of the above described conditions, the court may enter judgment for less than the maximum penalty.

Section 7. A new Section 22.206.295 is added to the Seattle Municipal Code to read as follows:

22.206.295 Private right of action.

In addition to any other sanction or remedial procedure that may be available, any property owner who does not deposit emergency relocation assistance with The City of Seattle for a tenant pursuant to subsections F and G of SMC Section 22.206.260 shall be subject to a private civil action by such tenant to recover actual damages the actual amount of relocation assistance payable to the tenant but not deposited with The City of Seattle by the property owner, attorney fees and court costs.

Section 8. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstance.

Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2002, and signed by me in open session in authentication of its passage this _____ day of __________, 2002. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2002. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2002. ____________________________________ City Clerk

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