[Ord. No. 679 §1, 11-6-2000]
This Chapter shall be known and may be cited as the "St. John
Relocation Policy", hereinafter "relocation policy", and it shall
become a part of the ordinances of the City of St. John.
[Ord. No. 679 §1, 11-6-2000]
The purpose of this Relocation Policy for the City of St John
is to ensure that all persons displaced as a result of projects which
receive public assistance in the City of St. John are treated fairly,
consistently and equitably.
[Ord. No. 679 §1, 11-6-2000]
For the purpose of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. Words
not defined shall be given their common and ordinary meaning.
Any lawful activity that is conducted:
The City of St. John.
A dwelling which is:
A decent, safe and sanitary dwelling, as defined in this Section;
Located in an area generally not less desirable than the location
of the displacement dwelling with respect to public utilities, commercial
and public facilities and the person's place of employment; and
Available at a cost generally consistent with the market in
the St. Louis metropolitan area for dwellings similar to the displacement
dwelling.
A dwelling which meets applicable housing and occupancy Codes
and:
Is structurally sound, weathertight, and in good repair.
Contains a safe electrical wiring system adequate to service
the reasonable electrical needs of the displaced person.
Contains a safe heating system capable of sustaining a healthful
temperature for the displaced person.
Is adequate in size with respect to the number of rooms and
area of living space needed to accommodate the displaced person.
For a handicapped person, is free of any barriers which would
preclude reasonable ingress, egress, or use of the dwelling by such
person.
The City of St. John (the "City") or any agency of the City
or any public or quasi-public agency or corporation operating in the
City, to the extent that the foregoing entities undertake a project
(as defined in this Section) on their own behalf, or a person, partnership
or corporation which undertakes a project.
Any person (as defined in this Section) that voluntarily and permanently moves from real property, or voluntarily and permanently moves all or substantially all of his or her personal property from such real property as a direct result of the acquisition, rehabilitation or demolition of, or the receipt of a written notice of intent to acquire (as described in Article III — Notices) such real property, in whole or in part, for a project; excluding, however, any such person as has received a notice of termination of intent to acquire as described in Article III — Notices prior to moving from the real property.
The term "displaced person" does not include:
A person who is evicted for cause from the real property, in
accordance with applicable State and local law, if:
The person received an eviction notice prior to the initiation
of negotiations (as defined in this Section) and as a result is later
evicted; or
The person is evicted after the initiation of negotiation for
serious or repeated violations of material terms of the lease or occupancy
agreement; and
In either case (a) or (b), the eviction was not undertaken for
the purpose of evading the obligation to provide the relocation payments
and assistance set forth in this Chapter.
A person who has no legal right to occupy the real property
under State or local laws;
A person who occupies the real property for the purpose of obtaining
relocation assistance; or
A person who is a tenant-occupant and moves onto the real property
after the initiation of negotiations with knowledge (including constructive
notice) of the possibility of displacement for a project.
The dwelling (as defined in this Section) from which a person
is being displaced.
The permanent or customary and usual residence of a person,
according to local custom or law, including a single-family unit in
a two-family, multi-family or multi-purpose property; a unit of a
condominium or cooperative housing project; or any other residential
unit.
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.
The delivery of the initial written offer of just compensation
by the developer to the owner of the real property, to purchase such
real property for the project, or the notice to the person that (s)he
will be displaced by the project.
Any individual, family, partnership, corporation, limited
liability company or association.
The demolition, rehabilitation or construction of improvements
on, or the development of, real property in the City of St. John which
will result in the displacement of any person and which will utilize
the power of eminent domain and/or tax increment financing.
Any agency of the City or any public or quasi-public agency or corporation operating in the City and providing to a developer the assistance described in the definition of project in Section 535.030.
Those expenses of moving, as described in Section 535.120 as appropriate, from the displacement property to a comparable replacement dwelling in the St. Louis metropolitan area to the extent that such expenses would customarily be incurred for such a move.
The reviewing body and shall consist of three (3) persons:
the City Director of Project and two (2) citizens appointed by the
Council not residing or having any interest in property in relocation
project area.
A person who has the temporary use and occupancy of real
property owned by another.
[Ord. No. 679 §1, 11-6-2000]
A.
Any person who is a displaced person (as defined in Section 535.030 of this Chapter) as a result of a project, the plans, projects or areas for redevelopment under the provisions of Chapter 99, RSMo., (1986), as amended, for on or after the effective date of the Relocation Policy ordinance, will be entitled to receive from the developer the relocation payments and assistance set forth in this Relocation Policy, to the extent authorized by this Chapter, unless:
1.
The provisions of the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. Sections 4601
to 4655, inclusive, as amended) (the "URA") or Section 104(d) of the
Federal Housing and Community Development Act of 1974 (42 U.S.C. Section
5304(d), as amended) are applicable to such displacement; or
2.
The person is displaced as the result of the acquisition for a public
purpose of real property in the City of St. John by the State of Missouri
or any political subdivision or any branch, bureau or department thereof,
or by any quasi-public corporation, and such real property is purchased
solely through the expenditure of State or local funds, in which case
the provisions of the URA shall apply.
[Ord. No. 679 §1, 11-6-2000]
The requirements set out in this Chapter shall be considered
minimum standards. In reviewing any relocation plan proposed by a
developer under the operation of Chapter 99, RSMo., the City or the
public agency, if applicable, shall determine the adequacy of the
proposed plan and may, in its discretion, require additional assistance
to be provided.
