599, Relocation Assistance Appeal Procedures for Public Works ProjectsRESOLUTION No. 599
Relocation Assistance Appeal Procedures for Public Works Projects
WHEREAS, the City of Yelm Department of Public Works engages in projects designed to improve
the City's transportation infrastructure; and
WHEREAS, said projects that require the relocation of displaced person(s), businesses, farms, non-
profit organizations, and personal property from property acquired from private property owners;
and
WHEREAS, certain federal and state laws and regulations set forth procedures for the relocation
of displaced person(s), businesses, farms, non-profit organizations, and personal property from
the acquired right of way require the City of Yelm to have Relocation Appeal Procedures; and
WHEREAS, the City Council finds that adherence to said laws and regulations in all relocation
assistance activities of City staff is appropriate and required; and
NOW, THREREFORE, BE IT RESOLVED by the City of Yelm City Council that Relocation Assistance
Appeal Procedures for Public Works Projects found in Exhibit A, attached hereto, are hereby
adopted and mandated for use by Public Works staff in connection with all transportation
improvement projects and other activities in pursuit of the Public Works mission; and
DATED this r� day of Jhg44= 2019.
ATTEST:
Lori Lucas, City Clerk
APPROVED AS TO FORM:
Brent F. Dille, City Attorney
CITY OF YELM CITY COUNCIL
YELM, WASHINGTON
AWFoster,
*� EST. 1924
WASHINGTON
"Proudly Serving Our Community"
Appealing Relocation Benefits
Any displaced person or potential displaced person as a result of a City of Yelm related federal or state
funded right-of-way project is entitled to appeal a determination as to eligibility for, or the amount of any
payment authorized by RCW 8.26 in accordance with this policy.
Review proceedings are initiated upon receipt by the Public Works Department of a statement or letter
from the displaced person or their agent.
The appeal process is a two-tier process and must be submitted in writing within 60 days following written
notification of determination of relocation benefits.
• The first level of reconsideration shall be made in writing to the Public Works Director.
o Mail written appeal to:
Public Works Director
City of Yelm
901 Rhoton Road SE
Yelm, WA 98597
o No specific form or format is required; but statement or letter, at a minimum, should include:
- Date of statement or letter.
- Name of the displaced person(s) or potential displaced person(s).
- Project title and CRP number.
- Assessor's parcel number.
- Explanation of claim:
Facts, reasons and supporting evidence justifying why the displaced person believes
the claim should be paid.
- Why the displaced person is otherwise aggrieved.
- Address, telephone number, and signature of the displaced person or the displaced
person's representative or attorney.
o The Public Works Director makes a determination and responds in writing via certified mail
within 30 days of receipt of the written request for reconsideration.
o The decision of the Public Works Director may be appealed to the Hearings Examiner as set
forth below.
o Any appeal shall be made in writing to the City Clerk, at the address below, within thirty (30)
calendar days of the Public Works Director's decision and shall include the hearing examiner
appeal fee consistent with the current published fee for such appeal.
o Mail written appeal requesting a formal hearing to:
City Clerk
City of Yelm
106 Second St. SE
Yelm, WA 98597
o Any appeal to the Hearing Examiner under this section shall be heard at a public hearing on
the matter in accordance with Chapter 18.14 Yelm Municipal Code (YMC).
The second level of appeal is a formal hearing and carried out under the provisions of Chapter
18.14 YMC, and must be made within 60 days of receipt of the original written reconsideration
relocation determination (if requested), or 60 days from the date of the determination (if
reconsideration not requested).
o During the Appeal process, the displaced person or potential displaced person or their agent
has the right to review non -confidential City of Yelm files.
o If at any time during the Appeal process, the displaced person or potential displaced person
or their agent who is appealing their relocation benefits fails to file an appeal within the
allotted time frame, the appeal claim is closed, provided all payments have been made and
other services have been provided.