2.116.100 Relocation Assistance Program.
A. The County will not proceed with any phase of property acquisition of the project until there is a relocation plan approved by the Washington State Department of Transportation and relocation payments with proper relocation services can be provided in conformance with RCW Chapter 8.26 and WAC Chapter 365-24.
B. The County will give a written notice of the initiation of negotiation with the owner of the property to be acquired to tenants and other persons occupying such property, advising:
1. Eligibility for relocation assistance and benefits which could become available after acquisition of the property by the County can be lost if the owner or any tenant moves either before the property is acquired prior to receiving written notice to vacate from the County for its program or project, or otherwise fails to meet the legal requirements for such assistance or benefits;
2. The County land purchase intentions and plans are subject to change and even cancellation until the acquisition is closed;
3. Neither the owner nor any tenant will be required to move, or make any financial commitment for replacement housing or facilities, until he has received the following:
a. A determination from the County concerning his eligibility and the amounts of relocation benefits,
b. A determination of the requirements which must be satisfied before such amounts can be paid by the County,
c. A written authorization or notice from the County to vacate the premises;
4. Where he can obtain full information concerning relocation assistance, eligibility for relocation payments and the requirements which must be satisfied before such payments can be made.
C. A written notice to vacate will be given to each individual, family, business or farm operation to be displaced; and all notices will be served personally or delivered by certified or registered first-class mail.
1. A displaced person who makes proper application for a payment authorized for such displacement will be paid promptly after a move, or, in hardship cases, be paid in advance.
2. Application for benefits is to be made within 18 months of the date on which the displaced person moves from the real property acquired or to be acquired; or the date on which the County makes final payment of all costs of that real property, whichever is the later date. The County may extend this period upon proper showing of good cause.
D. The County, if it deems necessary, may contract with any state agency, local public body, individual, firm, association or corporation for services in performing a relocation assistance program. All personal service contracts concerning phases of right-of-way acquisition relocation assistance will be forwarded to the Washington State Department of Transportation for prior approval before execution by the County.
E. Any displaced person (including one who conducts a business or farm operation) will be eligible to receive a relocation payment for moving expenses. A person who lives on his business or farm property may be eligible for payments for both moving and related expenses as a dwelling occupant, as well as for payments for displacement from a business or farm operation. Payments will be made in accordance with WAC 365-24-410 to WAC 365-24-540, inclusive.
F. A displaced owner/occupant will be eligible for a replacement housing payment as authorized by RCW 8.26.050 in an amount determined by computation if he meets both of the following requirements:
1. The displaced owner/occupant actually owned and occupied the acquired dwelling from which he was displaced, for not less than 180 days prior to the initiation of negotiation for the property; or owned and occupied an acquired dwelling covered or qualified under RCW 8.26.160 from which he was displaced, for not less than 180 days prior to displacement; and
2. Purchases and occupies a comparable replacement dwelling which is decent, safe and sanitary, as defined in WAC 365-24-210(2) and (3), not later than the end of the one-year period beginning on the latest of the following dates:
a. Date on which he received from the County the final payment of all costs of the acquired dwelling,
b. The date on which he is required to move by the County written notice to vacate,
c. Or, the date on which he moves from the acquired dwelling if earlier than the date he is required to move by the County.
Computation of replacement housing payment for an owner-occupant will be made in accordance with WAC 365-24-620.
G. A displaced tenant, or an owner/occupant of a dwelling for less than 180 days, will be eligible for a replacement housing payment as authorized by RCW 8.26.060 if he actually and lawfully occupied the dwelling for not less than 90 days prior to the initiation of negotiations for acquisition of the property, or actually occupied the property covered or qualified under RCW 8.26.160 for not less than 90 days prior to displacement.
H. An owner/occupant of a dwelling for not less than 180 days prior to the initiation of negotiations will be eligible for replacement housing payments as a tenant as authorized by RCW 8.26.060 when he rents a decent, safe and sanitary comparable replacement dwelling (instead of purchasing and occupying such a dwelling) not later than the end of the one-year period beginning on either of dates noted in subsection F.2 of this Section. Computation of replacement housing payments for displaced tenants or an owner/ occupant of a dwelling for less than 180 days will be in accordance with WAC 365-24-720; except that the County shall determine the amount necessary to acquire a comparable replacement dwelling by analyzing the probable prices or rents of three or more comparable replacement properties.
I. Computation of replacement housing payment for certain others:
1. Replacement rental housing payments for displaced owner/occupants who do not qualify for replacement housing payments under WAC 365-24-610 because of the 180-day occupancy requirement and who elect to rent will be computed in the manner provided in WAC 365-24-720(1); except that the County shall determine the amount necessary to rent a comparable property by analyzing the probable rental rates of three or more comparable replacement properties.
2. Replacement housing payments for displaced owner/occupants who do not qualify for replacement housing payments under WAC 365-24-610 because of the 180-day occupancy requirements but who have actually and lawfully occupied for a period of 90 days or more the dwelling unit to be acquired and who elect to purchase a replacement dwelling shall be computed in the manner provided in WAC 365-24-720(2); except that the County shall determine the amount necessary to rent a comparable replacement property by analyzing the probable rental rates of three or more comparable replacement properties.
J. Any person aggrieved by a determination as to his eligibility for, method of determination, or the amount of payment authorized by RCW Chapter 8.26 or appropriate WAC Chapter 365-24 may have such determination reviewed and reconsidered by the head of the County having authority over the applicable program or project.
K. Any person aggrieved by determination as to his eligibility for, method of determination, or the amount of payment authorized by RCW 8.26 or appropriate WAC Chapter 365-24 will be allowed to invoke an appeal; provided, that within 30 days following receipt of notification of the rejection of his claim by the County, he submits to the head of the County a notice of appeal. This will be a written statement of the facts pertinent to the case and including the decision that is in dispute.
L. In order to ensure consistent and uniform administration of the relocation assistance program, the County will, if necessary, establish an administrative review board for preliminary review of appeals. In the event the matter cannot be resolved by the administrative review board, the County will appoint a qualified hearing officer under terms of WAC 365-34-850. His duties will be to administer the appeal of the aggrieved in an impartial and orderly manner in accordance with WAC Chapter 365-24.