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Home My WebLink About29169 / 77-12October 20, 197? #12 RESOLUTION � -,,--:: , ..� _ s.. PURPOSE: TO ESTABLISH PROPERTY P��ANAGEMENT STANDARDS FOR PROPERTY ACQUISITZON UNDER THE UNIFORM RELOCATION AND REAL PROPERTY ACQUISITIO?d POLICIES ACT OF 1970 ITdITIATED BY : COMriUNITY DEVELOPriENT w'HEREAS the Uniform Reloca�ion and Real Property Acquisition �olicies Act of 1970 requires that property management stand�.rds be adop-ted by local units of government in relocation and real prope.rty acquisitian ac�ivities, and r�IHER�AS the Ci�ty of Oshkosh is required to conduet such activities ur.der the Act, NOti�l 1HEREFORE BE IT RESOLVED by the Common Council of the City �f Oshkosh that the City does hereby adopt the property management standards as attached. ._ 12 - f � � POLICIES GOVERNtNG THE MANAGEMENT OF ACQUIREO PROPERTIES OSHKOSN, WISCONSiN SEP1"EMBER, 1977 r. � POL I C 1 ES GOVERN 1 NG i'H� MnNAGEMEP�7 OF ACi�U I RED PROPERT 1 ES OSIiKOSN, 4!{ SCONS I N SEPTEMBEft, 1977 Table of Contents A. LEASE AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . 1 8. RENTF►L RA7ES . . . . . . . . . . . . . . . . . . . . . . . . 1 C. AOJUSTMENT OF RENTAL RATES . . . . . . . . . . . . . . . . . 2 D. STARTING DATE FOR REMi COLLECiION . . . . . . . . . . . . . 2 E. COLLECTiOPJ OF DELiNQU��7 RENi . . . . . . . . . . . . . . . 2 F. RENT REFUPaDS . . . . . . . . . . . . . . . . . . . . . . . . 3 G. CHRRGEOFF OF bELIN�tUEA17 RE�JT . . . . . . . . . . . . . . . . 3 I . MA I Ni'ENF,!�CE AND SERV 1 CES . . . . . . . . . . . . . . . . . . 4 J. REOCCUPA�ICY OF VACAtJ� PROPERTY . . . . . . . . . . . . . . 4 K. CtTY MAF�AGER AUl'HOit1�Ei7 TO EXE�UTE LEASES. ......... 4 —_ �,��---- , A. LEASE AGREEME�iS 1. Each prop�rty or part thereof which is occ�a�ied at the time of its acquisition by the City of Oshkosh shali be covered by a lease agree- ment between the occupant or occupants and tha City of Oshkosh. The lease agreement shall be tendered to such accupant or occupants no later than ten (10) days after th� City of Oshkosh takes possession of the property, and shall includ� at l�as� the f�llowing items: (a) Rent to be charged; and whetner ��r ��r��eky per month or other period of time, as spacified ir� th� lease agreement; (b) Starting date of tena�cy; (c) i;�te �n w� i ch ; ent w� i 1 beg i r� co ��:r.r��ti; (d) Dates on which rent payments �li i i b� �+��e; (e) Identification of utilities or othet- �erjlices to be furnished by either party; {f) Resfif-i�ctians on use ara:t occupanc�r; (g) Rights of tenant to pro rata reFund �f ad4�ance rent paymerrt in the event the tenant vacates the property hefore the end of a rental period; and (h} Whee� applicable, rights of parCies as to rixtures, including tenant purchase thereof (i) 1laintenar�ce responsiblities. (j) �rovisions for ter-mir�ati�,n by eit�-�e; �a€�,�;. 2. If an occupant of a prope�ty acquireci �y t;-�� City of Oshkosh does not execute a lease agreernent t�'sthin ten (10) da�s aft�r- such lease agree- ment is ten�erec� by the City of ds#�Ecosh, rh� C±ty qrr�,rney sh�!1 be notified of such refusal and, upon such no�ific.�tion, shall prepare a Writ of Assistance. B . REhli°AL RA7ES 1. Rent for property occupied by a te��an*.of tt�e former ow�ner shall be continued at the previous rate only if the Ci��y of Oshkosh determines that such rate is reasonable, takinc� i�to consi-�eration the condition of th� prnperty, prevailing c�nditifln� ir� the ;�rUject area in which the property is locateri, r�nts being charged for simitar units in the City of Oshk�sh, and oth�r reiever�t factotr5. - 1 - 2. Rent for pr�operty occupied by a for�ner� ��r�er shal l be establ ished at a rate consistent with rer.ts established by the City of Oshkosh for comparable properties in the project area in which the property is located. If there are no such comparable properties within such project area, th� rent for such property shali be established at a rate consistent with rentals being charged for comparable properties elsewhere in the City of Oshkosh. 3. If the City of Oshkosh permits an owner or tenant to occupy the acquired real propa�ty on a rental basis for a short term or for a period subject to termination by the City of Oshkosh on short notice, the amount of the rent required shall not exceed the fair rental value of the property to a short-term occupier, or 25 percent of the income of such owner ar tenant, whichever is less. C. ADJUSTMEN7 OF RENTAL RA'TES 1. "fhe City of Oshkosh reserves the right to review and adjust established rentals at any time; provided, that adjustments shall not be made retroactively. Adjustments, when made by the City of Oshkosh, shall be covered by a written notice to the occupant fixing the new rent and the date on which it is to begin. 2. With particular reference to business concerns, the City of Oshkosh m�y reduce the rent initialty established, if, in its determinatio:�, such rent becomes unreasonable due to adverse conditions caused by project activities. D. STAR11tdG nA7E FOR REtai COLLECT10�1 Far both tenant-occupants and former o►�mer in occupancy at the time a property is acquire� by th� City of Oshkosh, rent shaii accrue and be chargEd f�-o!� the first day of the rental period fotlowing the rental period in which the proparty is acquired by the City of Oshkosh, untess other terms have t�een negotiated prior to acquisition of the occupied property. E. COLLEC�i 1 OPJ OF DEL ! NQUENT RENT 1� Ur.less othYr-�r6�e specified 'sn the lease a�reemP!:t executed between the tenant and the City of Oshkos.h, rent shall be due and payable on the first day of each month, starting with th� month following the month in which the property is acquired by th� City of Oshkosh. 2. A seven-day gra�e period following the rent-due date shail be given to alt tenants far payment of rent. Rent due and not paid as of the eiyhth d�y after the rent--due date shall be considered deiinquent rent, u�less a prior arrangement for late payment of rent has been n�adz with, and approved by the City Manager or his designee. 3. Ir7 the collection of delinquent rent, the City of Oshkosh shall: (a) Make every reasonable effort to collect said rent directly from the tenant; then - 2 - F. G. (b) Give written natice to the tenant that collection of the delinquent rent has been referred to the City Rttorn�y for the appropriate legal action; and (c) Furnish a copy of the written notice referred to in (b) above to the City Attorney, together with a directive to the City Attorney to take action to collect the delinquent rent. RENi REFUNDS A tenant who mov�s during a rental period for which the City of Oshkosh has received rent, will be given a pro rata re.fund for the unexpired portion of the rental period, provided that the tenant has given the City of Oshkosh written notice 28 days prior to the termination date. CHARGE OFF 0� DELINQUENT RENT Delinquent rent shall be charged off only after the governing body of the City of Oshkosh has found that there is no reasonable prospect of collection, that the probable cost of further efforts to collect would not be warranted, or that collection would impose undue hardship on the tenant. H. EV1CilON POLICY Whether in connection with delinquent rent or for oth�r causes, eviction proceedings shaii be initiated by the City af Oshkosh only as a last resort, after all other alternatives have been exhausted without 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 Wiscon�in. Where proposed eviction action relates specifically to non-payment of delinquent rent, such action shall be initiated not earlier than 30 days after the rent due date. Legat 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: (a) A tenant faits to recognize his obTigation to pay rent; (b} A tenant is maintaining a nuisance or us+ng the premises for illegal ��r�3ses; (c) A tenant nateriatly breaches tihe rental agreement; (d) A tenant, without adequate reasan, refuses to consider replacem�nt accomodations which meet the requirement of a relocation plan and which are suitable to the reiocation needs of the tenant. Nowever, no tenant will be evicted without being given a sufficient number of decent, safe and sanitary referrals to replacement housing; (e) Situations requiring evictian under state nr tocal laws. -3- , , I. MAtNTENANCE AND SERVICES From the date of acquisition untii a structure is vacated, the City of Oshkosh shall maintain plumbing, heating and electrical systems in safe aperating condition. it shalt 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. Property shall be protected from vandalism, fire and unauthorized occupancy. Expenditures fo� 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 deter- ioration of the structures. J. REOCCUPAMCY OF VACAN7 PROPERTY Generally, property which is vacant at the time of acquisition or which becomes vacant after acquisition shall not be rented to off-site tenants.. The property may, however, be used for temporary relocation of site occu- pants in accordance with the policies set forth in the approved retoation program for the project in which the property is located. K. CITY MANAGER AUTHORIZED TO EXECUTE LEASES 7he City Manager or his design�e is authorized to negotiate and execute leases with occupants of prop�rties acquired by the City of Oshkosh. All such leases shalt 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 Gomnon Council for review and appropriate action before being executed on behalf of the City of Oshkosh. -4- � N ,'� -4� � � � �k � N � � p., O O F-� ^ � � ti � � � ,� O U� ��'i �ri � '� f. ,_, r-I i/� Q'i .,�-:.+ � '� r> �, -N �a .N A �� a b �':� � �.' O N cd � h-i O -I� d � � � � � o «3 � .I� O H C� O S-�" �r-i •r-I N -I� � N t!� � r-I �0 ri O O cd � •rl � � � +� !� � ct3 � e i 0 � i .., . ,� . i y . . . ... . i :.A l.. ... ___:�:� . :.�.. .. , ._ _ .� ti ti r-I � O _� � N $.� ,-� r-I Qj � � U O � �� D, '�'� 4 '4� c) •r1 O U �