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Section 7261 Of Chapter 16. Relocation Assistance From California Government Code >> Division 7. >> Title 1. >> Chapter 16.
7261
. (a) Programs or projects undertaken by a public entity shall
be planned in a manner that (1) recognizes, at an early stage in the
planning of the programs or projects and before the commencement of
any actions which will cause displacements, the problems associated
with the displacement of individuals, families, businesses, and farm
operations, and (2) provides for the resolution of these problems in
order to minimize adverse impacts on displaced persons and to
expedite program or project advancement and completion. The head of
the displacing agency shall ensure the relocation assistance advisory
services described in subdivision (c) are made available to all
persons displaced by the public entity. If the agency determines that
any person occupying property immediately adjacent to the property
where the displacing activity occurs is caused substantial economic
injury as a result thereof, the agency may make the advisory services
available to the person.
(b) In giving this assistance, the public entity may establish local relocation advisory assistance offices to assist in obtaining replacement facilities for persons, businesses, and farm operations which find that it is necessary to relocate because of the acquisition of real property by the public entity.
(c) This advisory assistance shall include those measures, facilities, or services which are necessary or appropriate to do all of the following:
(1) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance.
(2) Provide current and continuing information on the availability, sales prices, and rentals of comparable replacement dwellings for displaced homeowners and tenants, and suitable locations for businesses and farm operations.
(3) Assure that, within a reasonable time period prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal government.
(4) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of any of the following:
(A) A major disaster as defined in Section 102(2) of the federal Disaster Relief Act of 1974.
(B) A state of emergency declared by the President or Governor.
(C) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person.
(5) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location.
(6) Supply information concerning other federal and state programs which may be of assistance to those persons in applying for assistance under the program.
(7) Provide other advisory services to displaced persons in order to minimize hardships to those persons.
(d) The head of the displacing agency shall coordinate its relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or nearby areas which may affect the implementation of its relocation assistance program.
(e) Notwithstanding subdivision (c) of Section 7260, in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project, shall be eligible for advisory services to the extent determined by the displacing agency.
(b) In giving this assistance, the public entity may establish local relocation advisory assistance offices to assist in obtaining replacement facilities for persons, businesses, and farm operations which find that it is necessary to relocate because of the acquisition of real property by the public entity.
(c) This advisory assistance shall include those measures, facilities, or services which are necessary or appropriate to do all of the following:
(1) Determine and make timely recommendations on the needs and preferences, if any, of displaced persons for relocation assistance.
(2) Provide current and continuing information on the availability, sales prices, and rentals of comparable replacement dwellings for displaced homeowners and tenants, and suitable locations for businesses and farm operations.
(3) Assure that, within a reasonable time period prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal government.
(4) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of any of the following:
(A) A major disaster as defined in Section 102(2) of the federal Disaster Relief Act of 1974.
(B) A state of emergency declared by the President or Governor.
(C) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person.
(5) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location.
(6) Supply information concerning other federal and state programs which may be of assistance to those persons in applying for assistance under the program.
(7) Provide other advisory services to displaced persons in order to minimize hardships to those persons.
(d) The head of the displacing agency shall coordinate its relocation assistance program with the project work necessitating the displacement and with other planned or proposed activities of other public entities in the community or nearby areas which may affect the implementation of its relocation assistance program.
(e) Notwithstanding subdivision (c) of Section 7260, in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project, shall be eligible for advisory services to the extent determined by the displacing agency.
