[R.O. 2007 § 540.010; Ord. No. 1941 § 1, 11-12-1992]
Any political subdivision, governmental
entity, or corporation created under Chapter 353, RSMo., initiating
condemnation proceedings, which may necessitate displacement of persons,
when such displacement is not subject to the provisions of the Federal
Uniform Relocation and Real Property Acquisition Policies Act of 1970
(42 U.S.C. Sections 4601 to 4655, as amended) or to Subsection (1)
of Section 523.205, RSMo.
[R.O. 2007 § 540.020; Ord. No. 1941 § 1, 11-12-1992]
As used in this Chapter, the following
terms shall have these prescribed meanings:
BUSINESS
Any lawful activity which is conducted:
1.
Primarily for the purchase, sale
or use of personal or real property or for the manufacture, processing
or marketing of products or commodities; or
2.
Primarily for the sale of services
to the public; or
3.
On a not-for-profit basis by any
organization that has obtained an exemption from the payment of federal
income taxes as provided in Section 501(c)(3) of Title 26, U.S.C.,
as amended, and veterans organizations.
DECENT, SAFE AND SANITARY DWELLING
A dwelling which meets applicable housing and occupancy codes.
The dwelling shall:
1.
Be structurally sound, weathertight
and in good repair;
2.
Contain a safe electrical wiring
system;
3.
Contain an adequate heating system;
4.
Be adequate in size with respect
to the number of rooms needed to accommodate the displaced person;
and
5.
For a handicapped person, be free
of barriers which would preclude reasonable ingress, egress or use
of the dwelling.
DISPLACED PERSON
Any person that moves from the real property or moves his/her
personal property from the real property permanently and voluntarily
as a direct result of the acquisition, rehabilitation or demolition
of, or the written notice of intent to acquire such real property,
in whole or in part, for a public purpose.
HANDICAPPED PERSON
Any person who is deaf, legally blind or orthopedically disabled
to the extent that acquisition of another residence presents a greater
burden than other persons would encounter or to the extent that modifications
to the replacement residence would be necessary.
PERSON
Any individual, family, partnership, corporation or association
that has a legal right to occupy the property, including but not limited
to, month-to-month tenants.
[R.O. 2007 § 540.030; Ord. No. 1941 § 1, 11-12-1992]
Every urban redevelopment corporation
acquiring property within a redevelopment area shall submit a relocation
plan as part of the redevelopment plan. The relocation plan shall
comply with all applicable provisions of this relocation policy.
[R.O. 2007 § 540.040; Ord. No. 1941 § 1, 11-12-1992]
A. Unless the property acquisition under any
plan, project or area for redevelopment approved under the operation
of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., is
subject to Federal relocation standards or Subsection (1) of Section
523.205, RSMo., any such plan approved in connection with such property
acquisition shall include a relocation plan which shall, either by
incorporation of this relocation policy or by express provision therein,
provide for the following:
1.
Payments to all eligible displaced
persons who occupied property to be acquired for not less than ninety
(90) days prior to the initiation of negotiations who are required
to vacate the premises;
2.
A program for identifying special
needs of displaced persons with specific consideration given to income,
age, size of family, nature of business, availability of suitable
replacement facilities and vacancy rates of affordable facilities;
3.
A program for providing proper and
timely notice to all displaced persons, including a general description
of their potential rights and benefits if they are displaced, their
eligibility for relocation assistance, and the nature of that assistance.
The notices required for compliance with this Section are as follows:
a.
A general information notice that
shall be issued at the approval and selection of a designated redeveloper
and shall inform residential and non-residential owners and occupants
of a potential project, including the potential acquisition of the
property.
b.
A notice of relocation eligibility
that shall be issued as soon as feasible after the execution of the
redevelopment agreement and shall inform residential and non-residential
occupants within the project area who will be displaced of their relocation
assistance and nature of that assistance, including ninety (90) days'
advance notice of the date the occupants must vacate.
4.
A program for referrals of displaced
persons with provisions for a minimum of three (3) decent, safe and
sanitary housing referrals for residential persons or suitable referral
sites for displaced businesses, a minimum of ninety (90) days' notice
of referral sites for all displaced persons prior to the date such
displaced persons are required to vacate the premises, and arrangements
for transportation to inspect referral sites; and
5.
Every displaced person shall be given
a ninety (90) days notice to vacate, prior to the date such displaced
person is required to vacate the premises.
[R.O. 2007 § 540.050; Ord. No. 1941 § 1, 11-12-1992]
A. All displaced residential persons eligible
for payments shall be provided with relocation payments based upon
one of the following, at the option of the person:
1.
A one thousand dollar ($1,000.00)
fixed moving expense payment; or
2.
Actual reasonable costs of relocation
including, but not limited to, actual moving costs, utility deposits,
key deposits, storage of personal property up to one (1) month, utility
transfer and connection fees and other initial rehousing deposits
including first and last month's rent and security deposit.
Such costs of relocation shall not include the cost of a replacement
property or any capital improvements thereto.
[R.O. 2007 § 540.060; Ord. No. 1941 § 1, 11-12-1992]
A. All displaced businesses eligible for payments
shall be provided with relocation payments based upon the following,
at the option of the business:
1.
A three thousand dollar ($3,000.00)
fixed moving expense payment and up to an additional ten thousand
dollars ($10,000.00) for re-establishment expenses. Re-establishment
expenses are limited to costs incurred for physical improvements to
the replacement property to accommodate the particular business at
issue; or
2.
Actual costs of moving including
costs for packing, crating, disconnection, dismantling, reassembling
and installing all personal equipment and costs for relettering similar
signs and similar replacement stationery and up to an additional ten
thousand dollars ($10,000.00) for re-establishment expenses. Re-establishment
expenses are limited to actual costs incurred for physical improvements
to the replacement property to accommodate the particular business
at issue.
[R.O. 2007 § 540.070; Ord. No. 1941 § 1, 11-12-1992]
A. If a displaced person demonstrates the
need for an advance relocation payment, in order to avoid or reduce
a hardship, the developer of the City, shall issue the payment subject
to such safeguards as are appropriate to ensure that the objective
of the payment is accomplished. Payment for a satisfactory claim shall
be made within thirty (30) days following receipt of sufficient documentation
to support the claim. All claims shall be filed with the displacing
agency within six (6) months after:
1.
For tenants, the date of displacement;
and
2.
For owners, the date of displacement
or the final payment for the acquisition of the real property, whichever
is later.
[R.O. 2007 § 540.080; Ord. No. 1941 § 1, 11-12-1992]
Any displaced person, who is also the owner of the premises, may waive relocation payments as part of negotiations for acquisition of the interest held by such person. Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of Section 523.205, RSMo., and his/her entitlement to payment and shall be filed with the acquiring public agency. However, any such waiver shall not include a waiver of any notice provisions of this Chapter, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subparagraphs (2) and (3) of Section
540.040 of this Code.
[R.O. 2007 § 540.090; Ord. No. 1941 § 1, 11-12-1992]
All persons eligible for relocation
benefits shall be notified in writing of the availability of such
relocation payments and assistance concurrent with the notice of referral
sites as required in Subdivision (3) of Subsection (5) of Section
523.205, RSMo.
[R.O. 2007 § 540.100; Ord. No. 1941 § 1, 11-12-1992]
Any urban redevelopment corporation,
its assigns or transferees, which has been provided any assistance
under the operation of Chapter 99, RSMo., Chapter 100, RSMo., Chapter
353, RSMo., or Chapter 523, RSMo., with land acquisition by the City
shall be required to make a report to the Board of Aldermen or appropriate
public agency which shall include, but not be limited to, the addresses
of all occupied residential buildings and structures within the redevelopment
area and the names and addresses of persons displaced by the redeveloper
and specific relocation benefits provided to each person, as well
as a sample notice provided to each person.
[R.O. 2007 § 540.110; Ord. No. 1941 § 1, 11-12-1992]
An urban redevelopment corporation
which fails to comply with the relocation requirements provided in
Section 523.205, RSMo., shall not be eligible for tax abatement as
provided for in Chapter 353, RSMo.
[R.O. 2007 § 540.120; Ord. No. 1941 § 1, 11-12-1992]
The requirements set out herein shall
be considered minimum standards. In reviewing any proposed relocation
plan under the operation of Chapter 99, RSMo., Chapter 100, RSMo.,
or Chapter 353, RSMo., the Board of Aldermen or public agency shall
determine the adequacy of the proposal and may require additional
elements to be provided.
[R.O. 2007 § 540.130; Ord. No. 1941 § 1, 11-12-1992]
Relocation assistance shall not be
provided to any person who purposely resides or locates his/her business
in a redevelopment area solely for the purpose of obtaining relocation
benefits.
[R.O. 2007 § 540.140; Ord. No. 1941 § 1, 11-12-1992]
The provisions of Sections 523.200
and 523.205, RSMo., shall apply to land acquisitions under the operation
of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., filed
for approval, approved or amended on or after August 31, 1991 and,
as provided by Section 523.205.2, RSMo., any other land acquisition
by City through condemnation proceedings initiated after December
31, 2006.
[R.O. 2007 § 540.150; Ord. No. 1941 § 2, 11-12-1992]
The relocation policy shall apply
to any plan, project or area for redevelopment under the operation
of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., which
was filed for approval, approved or amended on or after August 31,
1991.