Section 17975.5 Of Article 2.5. Tenant Relocation Assistance From California Health And Safety Code >> Division 13. >> Part 1.5. >> Chapter 5. >> Article 2.5.
17975.5
. (a) If the owner or designated agent fails, neglects, or
refuses to pay relocation payments to a displaced tenant or a tenant
subject to displacement, except in the situations described in
Section 17975.4, the local enforcement agency may advance relocation
payments as specified in Section 17975.2. If the local enforcement
agency, pursuant to locally adopted policies, offers to advance
relocation payments in accordance with Section 17975.2, the local
enforcement agency shall be entitled to recover from the owner any
amount paid to a tenant pursuant to this section except payments made
pursuant to subdivision (c) of Section 17975.4. The local
enforcement agency shall also be entitled to recover from the owner
or designated agent an additional amount equal to the sum of one-half
the amount so paid, but not to exceed ten thousand dollars
($10,000), as a penalty for failure to make timely payment to the
displaced tenant, and the local enforcement agency's actual costs,
including direct and indirect costs, of administering the provision
of benefits to the displaced tenant.
(b) Any amounts paid by the local enforcement agency, except
pursuant to subdivision (c) of Section 17975.4, and any applicable
penalties and actual costs may also be placed as a lien against the
property by the local enforcement agency by recording the lien in the
county recorder's office of the county in which the real property is
located.
(c) Any local enforcement agency that elects, at its own option
pursuant to subdivision (a), to advance relocation payments to
displaced tenants when the owner or designated agent fails, neglects,
or refuses to pay relocation payments to displaced tenants, shall
prior to instituting any action to collect from the owner or
designated agent relocation benefits paid pursuant to this section,
or to impose a lien therefor, send to the owner or designated agent
by first-class mail, postage prepaid, at the owner's address as shown
on the last equalized assessment roll, an itemized accounting of all
benefits paid by the local enforcement agency to the owner's
tenants, and any penalties or costs the local enforcement agency is
seeking to recover as authorized pursuant to subdivision (a). If the
owner or designated agent contends that not all of the benefits are
chargeable to the owner or designated agent because the recipients
were not displaced tenants, no benefits were payable pursuant to
Section 17975.4, or on other grounds, the owner or designated agent
shall submit a written appeal to the director of the local
enforcement agency within 20 days after receipt by the owner or
designated agent of the itemized accounting. The director, or the
director's designee, shall hold an administrative hearing for the
purpose of determining the amount of benefits paid that are
chargeable to the owner or designated agent, and any penalties or
costs the local enforcement agency may recover pursuant to
subdivision (a). The local enforcement agency shall provide an
administrative appeal process for any appeal of a decision of the
director or the director's designee. The final decision of the local
appellate body shall be subject to Section 1094.5 of the Code of
Civil Procedure. If the owner fails to obtain a more favorable
decision than that set forth in the itemized accounting, the owner or
designated agent shall be liable to the local enforcement agency for
the costs of the administrative hearing and appeal, not to exceed
five thousand dollars ($5,000). The failure to receive the itemized
accounting shall not relieve the owner of any obligation to the city
or county.
(d) Nothing in this article shall be construed to require the
local enforcement agency to pay any relocation benefits to any
tenant, or assume any obligation, requirement, or duty of the owner
pursuant to this article.