Article I In General
Article II Relocation Policy
[Ord. No. 4263 §2, 2-6-1989]
It is hereby found, determined and declared by the City Council of the City of Richmond Heights, Missouri, that in certain residential, commercial and industrial portions of the City obsolete, deteriorating, substandard, insanitary or blighted areas exist, occasioned by age, obsolescence, inadequate planning, outmoded design or physical deterioration, excessive or unproductive land coverage, lack or appropriate light, air, open space, defective design or arrangement of building, lack of proper support facilities or existence of obsolete, inadequate, outmoded and poorly designed, or physically deteriorated buildings and have become economic and social liabilities and such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes, have impaired the economic value of areas infecting them with blight characterized by depreciated values, impaired investment, reduced income and consequential inability to pay reasonable taxes; that the assembly of buildings in blighted areas is essential for the clearance of blight, replanning, reconstruction and redevelopment for the removal of blight; that the existence of such conditions and the failure to clear, replan, rehabilitate, reconstruct or redevelop these areas results in progressive deterioration, cause a wasteful expenditure of public funds for policing and occasions large outlays for the creation and maintenance of public facilities and services; that such conditions require the employment of capital on an investment basis and the redevelopment of such areas under proper supervision with appropriate planning as to land use, traffic circulation and construction; that the clearance, replanning, rehabilitation, reconstruction and redevelopment of such areas on a substantial scale are necessary for the removal of blight and for the public welfare; that such obsolete, deteriorating, substandard, insanitary and blighted areas constitute a menace to the health, safety, morals and welfare of the citizens of the City. It is necessary to encourage the removal of blight and to provide procedures for its removal; the removal of blight and the procedures hereby adopted are determined to be in the public interest.
[Ord. No. 4263 §3, 2-6-1989]
The provisions of the "Urban Redevelopment Corporations Law", Chapter 353, Revised Statutes of Missouri, 1986, as amended, are hereby accepted and shall apply to all persons and corporations operating under this Chapter, insofar as the same may be applicable thereto.
[Ord. No. 4263 §4, 2-6-1989; Ord. No. 5137 §1, 4-12-2010]
For purposes of this Chapter, the following terms shall have the meanings respectively ascribed to them in this Article:
- That portion of the City which the City Council has found or shall find to be blighted so that the clearance, replanning, rehabilitation or reconstruction thereof is necessary to effectuate the purposes of the Urban Redevelopment Corporations Law and this Chapter. Any such area may include buildings or improvements not in themselves blighted, and any real property, whether improved or unimproved, the inclusion of which is deemed necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such buildings, improvements or real property form a part.
- BLIGHTED AREA
- Those portions of the City which the City Council shall determine that, by reasons of age, obsolescence, inadequate or outmoded design or physical deterioration, have become economic and social liabilities and that such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes.
- The City of Richmond Heights, Missouri.
- CITY CLERK
- The City Clerk of the City of Richmond Heights, Missouri.
- CITY COUNCIL
- The Council of the City of Richmond Heights, Missouri.
- CITY MANAGER
- The City Manager of the City of Richmond Heights, Missouri.
- The Planning and Zoning Commission of the City of Richmond Heights, Missouri.
- An urban redevelopment corporation organized under and pursuant to the provisions of the "Urban Redevelopment Corporations Law".
- DEVELOPMENT PLAN
- A plan, together with an amendments thereto, for the development of all or any part of a blighted area, which is authorized by the City Council by ordinance.
- The Mayor of the City of Richmond Heights, Missouri.
- Any individual, firm, partnership, joint venture, association, corporation, whether organized for profit or not (except an urban redevelopment corporation organized pursuant to the provisions of the "Urban Redevelopment Corporations Law"), estate, trust, business trust, receiver or trustee appointed by any State or Federal Court, syndicate, or any other group or combination acting as unit, and shall include the male as well as the female gender and the plural as well as the singular number.
- REAL PROPERTY
- Includes lands, buildings, improvements, land under water, waterfront property and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereto, legal or equitable, including restrictions of record created by plat, covenant or otherwise, rights-of-way, and terms for years.
- The clearance, replanning, reconstruction or rehabilitation of any blighted area, and the provision for such industrial, commercial, residential or public structures and spaces as may be appropriate, including recreational and other facilities incident or appurtenant thereto.
- REDEVELOPMENT AREA
- That portion of a blighted area encompassed by a development plan.
- REDEVELOPMENT PROJECT
- A specific work or improvement to effectuate all or any part of a development plan.
- URBAN REDEVELOPMENT CORPORATIONS LAW
- Chapter 353 of the Revised Statutes of Missouri and any amendments thereto.
- ZONING ADMINISTRATOR
- The Zoning Administrator of the City of Richmond Heights.
[Ord. No. 4263 §5, 2-6-1989]
Prior to the authorization and approval of a development plan, or contemporaneously therewith, by the City Council by ordinance, there shall be a determination by the City Council that the redevelopment area encompassed by the development plan is a blighted area. In determining that an area is a blighted area, the Council may consider all relevant information submitted to it by interested persons, the Commission and City department and by professional consultants employed by it. The finding and determination that an area is a blighted area shall be made by ordinance and may be contained in the ordinance authorizing and approving the development plan. The ordinance finding and determining that an area is a blighted area shall contain a legal description of the blighted area and a finding that redevelopment of the blighted area is necessary and in the public interest. Prior to the adoption of an ordinance finding and determining an area to be a blighted area, the Council shall hold a public hearing. Notice of such hearing will be a published notice.
[Ord. No. 4263 §6, 2-6-1989; Ord. No. 4877 §1, 10-20-2003; Ord. No. 5137 §1, 4-12-2010]
The City Council may invite interested parties to submit proposed development plans for consideration for a blighted area or an area which the City Council considers declaring a blighted area, and the City Council may designate conditions for such submission, additional information required with the submission, and the time period within which such proposed development plans must be submitted to be considered, which shall not be less than thirty (30) days and not more than one hundred eighty (180) days, as directed by the City Council, from the date such invitation shall be given.
The City Council may accept at any time, without the invitation required by Subsection (A), proposed development plans for any area of the City that includes property which has been:
[Ord. No. 4263 §7, 2-6-1989; Ord. No. 5137 §1, 4-12-2010]
Any interested party desiring to participate in the redevelopment of a blighted area which the City Council contemplates declaring a blighted area shall submit a minimum of fifteen (15) copies of a proposed development plan to the City Manager or designee of the City together with such additional information, if any, as has been requested by the City Council.
No proposed development plan shall be accepted for filing unless it is accompanied by a non-refundable filing fee to the City of five thousand dollars ($5,000.00) to be used by the City to defray expenses connected with the evaluation and review of the proposed development plan. Any interested party shall pay, when due and payable, all such other fees, licenses and other charges required by the ordinances of the City.
[Ord. No. 4263 §8, 2-6-1989]
A development plan shall, where applicable, contain:
Legal description. A legal description of the redevelopment area by metes and bounds or other definite designation.
Design plan. A general description and preliminary design plan of the proposed redevelopment project and plans or narrative showing or describing general location of structures, general height, size and scale of structures, proposed land use, materials, general landscaping and traffic circulation.
Stages of project. A statement of the various stages, if more than one (1) is intended, by which the redevelopment project is proposed to be constructed or undertaken, and the approximate time limit for the commencement and completion of each stage, together with a legal description of the real property to be included in each stage.
Property to be demolished. A statement of the existing buildings or improvements in the redevelopment area to be demolished, if any, and an estimate of the time of such demolition.
Building rehabilitation. A statement of existing buildings to remain, if any, the proposed improved to each such building to remain and the approximate period of time during which improvements, repairs or alterations are to be made.
New construction. A statement of the general type, size, number, character and materials of each new industrial, commercial, residential or other building or improvement to be erected or made and the estimate of the timing of such construction.
Open space. A statement of those portions, if any, of the redevelopment area which may be permitted or will be required to be left as open space, the use to which each such open space is to be put, the period of time each such open space will be required to remain an open space, and the manner in which it will be improved and maintained, if at all.
Property for public agencies. Statement of those portions, if any, of the redevelopment area which are proposed to be sold, donated, exchanged or leased to any public agency or political subdivision of the Federal, State or local government, and an outline of the terms of such proposed sale, donation, exchange or lease.
Zoning changes. A statement of the proposed changes, if any, in zoning ordinance or maps, necessary or desirable for the redevelopment project and its protection against blighting influences.
Street changes. A statement of the proposed changes in streets or street levels and proposed street closing within, adjacent to or in the proximity of the redevelopment area, if any.
Utility changes. A statement of the changes, if any, which will be required in utility source to accommodate the redevelopment project and changes, if any, in utility lines, easements or location.
Tax abatement. A statement of the tax abatement to the redevelopment project, if any, and any payments in lieu of taxes, together with the conditions upon which tax abatement, if any, will pass to or insure to the benefit of a subsequent owner of the redevelopment project or be lost.
Acquisition plan, eminent domain. A statement giving the legal description of the real property owned by or under option or contract of purchase, if any, to the corporation or its affiliates, and where known, the real property to be acquired by eminent domain and time schedule for acquisition.
Eminent domain by City. A statement giving the legal description of the real property, if any, to be acquired by the City on behalf of the corporation and the terms and conditions for such acquisition.
Financing. A detailed statement of the proposed method of financing the redevelopment project which shall set forth the estimated development cost of the project and the proposed sources of funds, debt and equity to meet such estimated costs; the assurances, if any, to be given to the City by the corporation and its affiliates for the corporation's performance of its obligations.
Management. A list of the persons who it is proposed will be active in or associated with the corporation and management of the redevelopment project during a period of at least one (1) year from the date of approval of the development plan and a list of the officers, directors and principal stockholders of the corporation.
Public property. A statement listing any real property in the redevelopment area in public use or belonging to the City, County, State or any political subdivision thereof together with a statement that the consent of such entity, other than City, has been obtained to the acquisition of such property if such property is to be acquired.
Other information. The development plan may also contain such other statements or exhibits as may be deemed relevant by the City Council.
[Ord. No. 4263 §9, 2-6-1989; Ord. No. 5137 §1, 4-12-2010]
Promptly upon the filing of a proposed development plan with the City Manager or designee, the City Manager or designee shall, in writing, notify the City Council that a proposed development plan has been submitted for consideration and shall transmit copies thereof to them and to any department, division or commission of the City which the City Manager or designee deems may be affected or have an interest in such proposed development plan, requesting comments to be made to the City Manger or designee.
The City Manager or designee may request in writing additional information relating to any facet of the proposed development plan.
The City Council may, in its discretion, waive any irregularity or omission in any proposed development plan at any time after the filing thereof (including the time after approval of a development plan).
Editor's Note — Ord. no. 5137 §1, adopted April 12, 2010, repealed section 425.090 "recommendation of commission" in its entirety. Former section 425.090 derived from ord. no. 4263 §10, 2-6-1989.
[Ord. No. 4263 §11, 2-6-1989; Ord. No. 5137 §1, 4-12-2010]
Prior to or contemporaneously with the introduction to the City Council of a bill having as its subject matter the approval of a development plan and authorizing execution of a contract, the City Council shall hold a public hearing thereon. Notwithstanding anything else in the Municipal Code to the contrary, the City shall provide at least ten (10) days' notice of such hearing by publication. The public hearing on the ordinance approving the development plan and authorizing execution of a contract with the City shall be held for the purpose of stimulating comment by those to be affected by such contract and development plan.
In the event the development plan provides for tax abatement or exemption authorized by the Urban Redevelopment Corporations Law, the City shall furnish each political subdivision whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement or exemption with a written statement of the impact on ad valorem taxes such tax abatement or exemption will have on such political subdivisions and written notice of the hearing to be held. The written statement and notice required by this paragraph shall be mailed to each political subdivision by registered or certified mail, postage prepaid, return receipt requested, at least fifteen (15) days prior to the hearing and shall include, but need not be limited to, an estimate of the amount of ad valorem tax revenues for each political subdivision which will be affected by the proposed tax abatement or exemption based upon the estimated assessed valuation of the real property involved as such property would exist before and after it is developed. At the public hearing, all political subdivisions described in this paragraph shall have the right to be heard on such grant of tax abatement or exemption.
[Ord. No. 4263 §12, 2-6-1989]
The ordinance approving a development plan shall contain:
A finding and declaration that the redevelopment area is blighted;
If such be the case, the finding and declaration by the Council that the exercise of the power of eminent domain by the corporation is necessary to accomplish the purposes of the Urban Redevelopment Corporations Law and this Chapter and so empowering, granting a certificate of convenience and necessity to, the corporation to exercise such power;
Authority for the Mayor to enter into a contract on behalf of the City with the corporation and substantially the contents of such contract, which may be incorporated by reference;
A duration of time within which property in the redevelopment area must be acquired, which may include acquisition by phases and which may include extensions for delays not caused by the corporation, and provision for the expiration of the development rights including the rights of eminent domain and tax abatement in the event of failure of the corporation to acquire ownership of property within the redevelopment area of the development plan within time limits specified; and
Such other matters as may be deem relevant by the City Council including, but not limited to, requirements for payment or reimbursement by the developer of legal, administrative, and other expenses necessitated by the development plan or redevelopment project, and for future expenses including, but not limited to, costs of defense of the City or its officers, insurance, indemnity and hold harmless agreements.
[Ord. No. 4263 §13, 2-6-1989]
Notwithstanding any other provision of law to the contrary, payments in lieu of taxes may be imposed by contract between the City and the corporation which receives tax abatement or exemption on property pursuant to the Urban Redevelopment Corporations Law. Such payment shall be made to the Collector of Revenue of the County by December thirty-first (31st) of each year payments are due. The City Council shall furnish the Collector a copy of such contract requiring payment in lieu of taxes. The Collector shall allocate all revenues received from such payment in lieu of taxes among all taxing authorities whose property tax revenues are affected by the exemption or abatement on the same pro rata basis and in the same manner as the ad valorem property tax revenues received by each taxing authority from such property in the year such payments are due.
[Ord. No. 4263 §14, 2-6-1989]
A copy of the contract between the City and the corporation for carrying out the development plan may be recorded by the corporation of the City in the office of the Recorder of Deeds of St. Louis County and proof of such recording shall be filed with the City. True copies of the development plan authorized by the City Council by ordinance shall be retained with the authorizing ordinance by the City Clerk.
[Ord. No. 4263 §15, 2-6-1989]
In order to monitor the progress and compliance of an approved development plan beyond the normal review processes of City departments, the procedures shall be as follows:
Investigation. It shall be the duty of the Zoning Administrator, after a development plan has been authorized by the City Council, to investigate and determine from time to time during construction of the redevelopment project whether the corporation undertaking such development plan is fully complying with the provisions thereof and its contract with the City in the manner and at the fixed therein for the performance of the various stages thereof.
Reports. It shall also be the duty of the Zoning Administrator to make reports from time to time during the construction of the redevelopment project, and at least every six (6) months, to the City Council and the City Manager regarding each development plan, and also as to compliance with the provisions of this Chapter by any corporation operating thereunder.
Time extension. The City Council may, for good cause shown, grant to a corporation operating under an approved development plan an extension of time in which to complete the redevelopment project, or any phrase, stage or portion thereof.
Recommendation of certification. When a corporation operating under an approved development plan shall have completed the redevelopment project or any stage thereof in accordance with the provisions of the development plan in the manner and at the time fixed therein for the performance of the various stages thereof, the Zoning Administrator, upon the written request of such corporation, shall conduct an investigation, and if the Zoning Administrator determines that the redevelopment project or such stage thereof has been so completed, he/she shall recommend to the City Council that a certificate of full compliance be issued to such corporation for such stage or for the entire project, as the case may be.
In the event that the City Council determines that the redevelopment project or any stage thereof has not been completed, then the Council shall transmit notice by certified mail, return receipt requested, to the corporation stating the reasons for the finding that there has not been substantial compliance.
Provided however, failure to so notify the corporation within thirty (30) days after receipt of said written request shall be deemed a certification of completion.
The investigations and reports of the Zoning Administrator required by Subsections (1) and (2) of this Section shall not be required or made with respect to the redevelopment project or to any approved stage thereof subsequent to the date of issuance of such certificate with respect to such redevelopment project or stage thereof.
[Ord. No. 4263 §16, 2-6-1989]
A corporation, the development plan of which provides for tax abatement and which desires to obtain and continue the benefits of tax abatement provided in the Urban Redevelopment Corporations Law and as provided in the development plan, shall file with the City Manager financial statements as follows:
Such statement shall be filed annually within one hundred twenty (120) days following the close of the corporation's fiscal year, and the first (1st) such statement shall be filed for such corporation's fiscal year ending in the calendar year next following the calendar year in which the ordinance approving the development plan became law.
The financial statement shall:
Follow an accepted accounting procedure;
Contain an operating profit and loss statement;
Contain such other information as the City Manager by rule or regulation shall require; and
Be duly attested to by the president and treasurer of said corporation as an accurate and truthful representation of said corporation's financial condition.
The City Manager shall arrange for the review of all financial statements submitted to him/her. The City Manager shall determine the net income of the corporation and shall determine whether the accumulation of surplus net earning as defined by law, if any, is being handled as provided by law.
In the event such corporation's net income is not more than the maximum allowed by law or in the event the corporation's net income during any year is more than the maximum allowed by law and the accumulation of surplus net earnings is being handled as provided by law, then the City Manager shall certify to the Assessor of St. Louis County on or before April first (1st) of each calendar year following the year the statement was required to be submitted under this Section that such corporation is eligible under the tax abatement provisions contained in the Urban Redevelopment Corporations Law.
In the event the corporation's net income is more than the maximum allowed by law and the surplus is not being handled as provided by law, then the City Manager shall certify to the Assessor of St. Louis County on or before April first (1st) of the year following the year in which the statement was required to be submitted under this Section that such corporation is not eligible under the tax exemption provisions contained in the Urban Redevelopment Corporations Law.
In the event that the certification is that the corporation is eligible for tax abatement, in whole or in part, to property owned by the corporation, the Assessor shall forthwith assess, in whole or in part, the property of the corporation as provided in Section 353.110, Revised Statutes of Missouri.
In the event that the certification states that tax exempt status cannot be granted to the corporation, then the Assessor shall forthwith assess all property of the corporation at its true value as provided by law.
[Ord. No. 4263 §17, 2-6-1989]
Every corporation operating under this Chapter may establish and maintain depreciation, obsolescence and other reserves, also surplus and other accounts, including a reserve for payment of taxes, according to recognized standard accounting practices.
[Ord. No. 4263 §18, 2-6-1989]
A corporation may sell or otherwise dispose of any or all of the real property acquired by it for the purpose of a redevelopment project. The development plan, the ordinance approving any development plan, and any contract entered into pursuant thereto may provide that in the event of the sale or other disposition of real property of a corporation by reason of the foreclosure of any mortgage or other lien through insolvency or bankruptcy proceedings or by order of any court of competent jurisdiction, or by voluntary transfer or otherwise, the partial tax relief provided under the Urban Redevelopment Corporations Law shall inure to any purchaser of real property so long as such purchaser shall continue to use, operate and maintain such real property in accordance with the provisions of the development plan. If such development plan, ordinance and contract do not so provide and the purchaser of such real property shall continue to use, operate and maintain such real property in accordance with the provisions of the development plan, the Council may grant the partial tax relief provided in the Urban Redevelopment Corporations Law. If such real property shall not be used, operated and maintained in accordance with the provisions of the development plan, or if the purchaser does not desire the property to continue under the development plan, or if the ordinance approving the plan provides for termination of tax relief under such circumstances, the City Council may refuse to grant the purchaser continuing tax relief, the real property shall be assessed for ad valorem taxes upon the full true value of the real property and except as provided by contract may be owned and operated free from any of the conditions, restrictions or provisions of this Chapter and the development plan.
[Ord. No. 4263 §19, 2-6-1989]
Proceedings. Whenever any person or corporation operating under a development plan does not substantially comply with the development plan and the contract with the City within the time limits and in the manner as therein stated, reasonably delays caused by unforeseen circumstances beyond their control alone excepted, or shall do or permit to be done anything in violation of the development plan, the development contract, or this Chapter, or fail or omit to do anything required of it by the development plan, the development contract or this Chapter, or shall be about so to do, permit to be done, or fail or omit to have done, then any such fact may be certified by the City Council to the City Attorney who may and is hereby authorized to commence a proceeding in the Circuit Court or other appropriate court or forum in the name of the City to have such action, failure or omission or threatened action or omission stopped, prevented, rectified or enforced by injunction or otherwise, or in the name of the City to bring action for damages against the corporation for breach of any of the provisions of the development plan or the development contract; provided that in the event the Council shall determine that a corporation has abandoned construction before completion of the redevelopment project in accordance with the terms of an approved development plan, a certified copy of the resolution of the City Council making such determination shall be recorded in the office of the St. Louis County Recorder of Deeds and the real property included in such plan shall from that date be subject to assessment and payment of all ad valorem taxes based on the true value of such real property. The City Council, after consultation with the City Attorney, may elect to terminate a development contract for non-performance or breach by the other contracting party.
[Ord. No. 4263 §20, 2-6-1989]
The Sections of this Chapter shall be severable. In the event any Section of this Chapter is found by a court of competent jurisdiction to be invalid, the remaining Sections of this Chapter are valid, unless the court finds the valid Sections of this Chapter are so essentially and inseparably connected with, and so dependent upon the void Section that it cannot be presumed the City Council would have enacted the valid Sections without the void Section, or unless the court finds that the valid Sections standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.
[Ord. No. 4615 §1, 12-4-1995; Ord. No. 5136 §1, 4-5-2010]
Definitions. As used in this Section, the following terms shall mean:
- Any lawful activity that 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;
- 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 any barriers which would preclude reasonable ingress, egress or use of the dwelling.
- 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.
- 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.
Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan.
Unless the property acquisition under the operation of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., is subject to Federal relocation standards, the relocation plan shall provide for the following:
Payments to all eligible displaced persons, as defined in Section 523.200, RSMo., who occupied the property to be acquired for not less than ninety (90) days prior to the initiation of negotiations who are required to vacate the premises;
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;
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 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;
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.
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
Every displaced person shall be given a ninety (90) day notice to vacate, prior to the date such displaced person is required to vacate the premises.
All displaced residential persons eligible for payments shall be provided with relocation payments based upon one (1) of the following, at the option of the person:
A one thousand dollar ($1,000.00) fixed moving expense payment; or
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 (1st) 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.
All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:
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
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.
If a displaced person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the developer or public agency 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 for relocation payment shall be filed with the displacing agency within six (6) months after:
Any displaced person, who is also the owner of the premises, may waive relocation payments as part of the 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 this Section and his 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 Section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subsections (C)(2) and (C)(3) of this Section.
All persons eligible for relocation benefits shall be notified in writing of the availability of such relocation payments and assistance, with such notice to be given concurrently with the notice of referral sites as required in Subsection (C)(4) of this Section.
Any urban redevelopment corporation, its assigns or transferees, which have been provided any assistance under the operation of Chapter 99, RSMo., Chapter 100, RSMo., Chapter 353, RSMo., or this Chapter, with land acquisition by the local Governing Body, shall be required to make a report to the local Governing Body 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.
An urban redevelopment corporation which fails to comply with the relocation requirements provided in this Section shall not be eligible for tax abatement as provided for in Chapter 353, RSMo.
The requirements set out in this Section 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 City shall determine the adequacy of the proposal and may require additional elements to be provided.
Relocation assistance shall not be provided to any person who purposely resides or locates his business in a redevelopment area solely for the purpose of obtaining relocation benefits.
The provisions of this Section 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 this Section, any other land acquisition by the City through condemnation proceedings initiated after December 31, 2006.