HomeMy WebLinkAbout30316 / 79-10/i 10 RESOLUTION
PURPOSE: TO ESTABLISH PROPERTY MANAGE*fENT STANDARDS FOR PROPERTY
ACQUISITION UNDER THE UNIFORM RELOCATIODI AND REAL
PROPERTY ACQUISITION POLICSES ACT OF 1970
INITIATED BY: COMHNNITY DEVELOPMENT
WHEREAS, the IIniform Relocation and Rea1 Property Acquisition
Policies Act of 1970 zequires that property management standards be
adopted by local units of governmenY in relocation and real property
acquisition acCivities, and
WIIEREAS, the City of Oshkosh is required to conduct such activities
under the Act, and
4IHF.REAS, recent state legislation has rendered porti_ons of the
existing Property Management Policies null and void,
NOtd, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Oshkosh thaC the City does hereby adopt the property management
standards as attached.
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SUB?dITTED BY
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POLICIES GOVERNING THE MANAGEMENT OF ACQUIRED PROPERTIES
OSHKOSA, WISCONSIN
AUGUST, 1979
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A. LEASE AGREEMENTS
t. Each property or part thereof which is occupied at the time of
its acquisition by the City of Oshkosh shall be covered by a
lease agreement between the occupant or occupants and the City of
Oshkosh. The lease agreement shall be tendered to such occupant
or occupants no later than ten (10) days after the City of Oshkosh
takes possession of the property, and shall include at least the
following items:
a. Starting date of tenancy;
b. Identification of utilities or other services to be furnished
by either party;
c. Restrictions on use and occupancy;
d. When applicable, rights of parties as to fixtures, including
tenant purchase thereof;
e. Maintenance responsibilities;
f. Provisions for termination by either party.
2. If an occupant of a property acquired by the City of Oshkosh does
not execute a lease agreement within ten (10) days after such
lease agreement is tendered by the City of Oshkosh, the City
Attorney shall be notified of such refusal and, upon such notifi-
cation, shall prepare a lJrit of Assistance.
B. EVICTION POLICY
Eviction proceedings shall be initiated by the City of Oshkosh only as
a last resort, after all other alternatives have been exhausted with-
out success. Where eviction action is necessary to terminate a tenancy,
such action shall be initiated in accordance with established legal
procedure of the State of Wisconsin. Legal action to compel a tenant
to move prior to his required vacate date will be taken only for one
or more of the following reasons:
1. A tenant is maintaining a nuisance or using the premises for
illegal purposes;
2. A tenant, without adequate reason, refuses to consider replace-
ment accommodations which meet the requirement of a relocation
plan and which are suitable to the relocation needs of the tenant.
However, no tenant will be evicted without being given a sufficient
number of decent, safe and sanitary referrals to replacement
housing;
3. Situations requiring eviction under state or local laws.
C. MAINTENANCE AND SERVICES J�
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From the date of acquisition until a structure is vacated, the City of
Oshkosh shall maintain plumbing, heating and electrical systems in
safe operating condition. It shall also make repairs required to keep
the premises habitabte. It may provide for the extermination or
control of rodents and other vermin to forestall their spread to
adjacent areas.
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Property shall be protected from vandalism, fire and unauthorized
occupancy. Expenditures for repairs and replacements shall be kept to
the minimum necessary to protect the health and safety of occupants.
MainTenance work performed on vacant structures being held for resale
shall be limited to repairs considered to be essential to prevent
further deterioration of the structures.
REOCCUPANCY OF VACANT PROPERTY
Generally, property which is vacant at the time of acquisition or
which becomes vacant after acquistion shall not be rented to off-site
tenants. The property may, however, be used for temporary relocation
of site occupants in accordance with the policies set forth in the
approved relocation program for the project in which the property is
located.
CITY MANAGER AUTHORIZED TO EXECUTE LEASES
The City Manager or his designee is authorized to negotiate and
execute leases with occupants of properties acquired by the City of
Oshkosh.
Al1 such leases shall be completed as to terms and conditions, and
shall be approved by the City Attorney as to form, prior to their
execution by the City Manager or his designee. Any proposed lease
agreement not approved or disapproved by the City Attorney shall be
referred to the City of Oshkosh Common Council for review and approp-
riate action before being executed on behalf of the City of Oshkosh.
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