City of St. Charles, MO Chapter 515 Urban Redevelopment

Article I General Provisions

Section 515.010 Title.

[R.O. 2011 § 515.010; R.O. 2009 § 155.01; CC 1981 § 26.5-1.1; Ord. No. 93-259, 11-2-1993]

This Chapter shall be known and may be cited and referred to as the "Urban Redevelopment Ordinance."

Section 515.020 Relocation Assistance. [1]

[R.O. 2011 § 515.020; R.O. 2009 § 155.02; CC 1981 § 26.5-1.2; Ord. No. 93-259, 11-2-1993; Ord. No. 06-356, 12-20-2006]

A. Definitions. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS

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, weather-tight 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.

DISPLACED PERSONS

Persons that move from the real property or move their 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.

B. Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan.

C. Unless the property acquisition under the operation of Chapters 99 and 100 or 353, RSMo., is subject to Federal relocation standards, the relocation plan shall provide for the following:

1. Payments to all eligible displaced persons 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;

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 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

5. 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.

D. 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:

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 improvement thereto.

E. 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 businesses 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 costs incurred for physical improvements to the replacement property to accommodate the particular business at issue.

F. 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:

1. For tenants, the date of displacement;

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

G. 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., as amended.

H. 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)(3) above.

I. Any urban redevelopment corporation, its assigns or transferees, which have been provided any assistance under the operation of Chapters 99 and 100 or Chapter 353, RSMo., with land acquisition by the City, shall be required to make a report to the City Council, 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.

J. 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.

K. The requirements set out in this Section shall be considered minimum standards. In reviewing any proposed relocation plan under the operation of Chapters 99 and 100 or Chapter 353, RSMo., the City Council shall determine the adequacy of the proposal and may require additional elements to be provided.

L. Relocation assistance shall not be provided to any person who purposely resides or locates a business in a redevelopment area solely for the purpose of obtaining relocation benefits.

[1] Cross Reference: As to fair housing, §§ 240.010 et seq.

Article II Urban Redevelopment Under Chapter 353, RSMo. [1]

[1] Editor's Note: Former Art. II, Urban Redevelopment Under Chapter 353, RSMo., containing Sections 515.030 through 515.360, was repealed 3-7-2023 by Ord. No. 23-024. Prior history includes R.O. 2011 § 515.030 through § 515.360; R.O. 2009 § 155.15 through § 155.48; CC 1981 § 26.5-1.10 through § 26-5.34; Ord. No. 89-170; Ord. No. 93-259; and Ord. No. 07-162.

Section 515.030 Definitions.

[Ord. No. 23-024, 3-7-2023]

Capitalized terms used in this Article, but not otherwise defined in this Article, shall have the meanings set forth in Chapter 353 of the Revised Statutes of Missouri (the "Urban Redevelopment Corporations Law").

Section 515.040 Authority.

[Ord. No. 23-024, 3-7-2023]

The City obtains its authority to enact this Article through Article VI, Section 19(a) and Article VI, Section 21, of the Missouri Constitution, from the Urban Redevelopment Corporations Law, and from the City Charter.

Section 515.050 Application of the Urban Redevelopment Corporations Law.

[Ord. No. 23-024, 3-7-2023]

The City shall comply with the provisions of the Urban Redevelopment Corporations Law when considering any Development Plan that requests the City to exercise statutory powers available under the Urban Redevelopment Corporations Law, including, without limitation, grants of real property tax abatement in Blighted Areas.

Section 515.060 Public Hearing Required.

[Ord. No. 23-024, 3-7-2023]

Prior to the adoption of an ordinance approving a Development Plan that contemplates real property tax abatement, the City Council shall, as required by the Urban Redevelopment Corporations Law: a) furnish each political subdivision whose boundaries for ad valorem tax purposes include any portion of the real property to be affected by the proposed tax abatement with a written statement of the impact of the proposed tax abatement, and b) hold a public hearing at which all affected political subdivisions shall have the right to be heard on the proposed grant of tax abatement. Notice of the public hearing and a copy of the written tax impact statement shall be sent by certified mail or reputable private delivery service to each affected political subdivision at least ten (10) days prior to the public hearing.

Section 515.070 through Section 515.360. (Reserved)