9.09.040 Exemptions.

A. An owner shall not be required to provide relocation assistance under this chapter if any of the following conditions are demonstrated:
1. A tenant or a guest or invitee of the tenants:
a. Caused or substantially contributed to the substandard conditions cited in the notice of violation; or
b. Constructed, used or occupied a unit whose existence, use or occupancy is unlawful, as cited in a notice of violation, without the actual or implied consent or knowledge of the owner or agent of the owner; or
2. The tenants are displaced as a direct result of a natural disaster, as such term is defined in Government Code Section 8680.3 and
a. The City determines that the actions or omissions of the owner or owner’s agent did not contribute to the disaster’s impact on the unit; and
b. The tenants were not already entitled to relocation assistance under the provisions of this chapter at the time of the disaster; or
3. The tenants are displaced as a result of a lawful eviction.
B. The owner shall have the burden of proving that any exemption in this section is applicable. (Ord. 137 § 1 (part), 2003)