City of Olivette, MO Article III Relocation Policy

Section 430.340 Relocation Policy.

[R.O. 2008 §55.301; Ord. No. 2241, 7-27-2004]

A. The following 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 has been or is hereafter filed for approval, approved or amended on or after August 31, 1991, and which proposes or includes within its provisions or necessitates 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.:

1. As used herein, the following terms shall mean:

BUSINESS

Any lawful activity which is conducted:

a. Primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products or commodities; or

b. Primarily for the sale of services to the public; or

c. 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:

a. Be structurally sound, weathertight and in good repair;

b. Contain a safe electrical wiring system;

c. Contain an adequate heating system;

d. Be adequate in size with respect to the number of rooms needed to accommodate the displaced person; and

e. 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.

INITIATION OF NEGOTIATIONS

The delivery of the initial written offer of just compensation by the acquiring entity, to the owner of the real property, to purchase such real property for the project or the notice to the person that he/she will be displaced by rehabilitation or demolition.

PERSON

Any individual, family, partnership, corporation or association.

URBAN REDEVELOPMENT CORPORATION

As defined in Section 353.020, RSMo.

2. 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.

3. 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:

a. 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;

b. 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;

c. 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:

(1) A general information notice that shall be issued at the approval and selection of a designated redeveloper and shall inform residential and nonresidential owners and occupants of a potential project, including the potential acquisition of the property;

(2) 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;

d. A program of 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 handicapped displaced persons and sixty (60) days' notice of referral sites for all other displaced persons prior to the date such displaced persons are required to vacate the premises and arrangements for transportation to inspect referral sites; and

e. 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.

4. 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. A one thousand dollar ($1,000.00) fixed payment, or

b. 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.

5. All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:

a. 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

b. Actual costs of moving including costs for packing, creating, 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.

6. If a displaced person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the developer or 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:

a. For tenants, the date of displacement;

b. For owners, the date of displacement or the final payment for the acquisition of the real property, which is later.

7. 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/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 Section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Section 523.205.5(2 and 3), RSMo.

8. 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 Section 523.205.5(4), RSMo.

9. 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 City Council or appropriate public agency which shall include, but not be limited to, the addresses of all occupied residential buildings and structures within the redevelopment areas 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.

10. 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.

11. 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 City Council or public agency shall determine the adequacy of the proposal and may require additional elements to be provided.

12. 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.

13. 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.