[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."
[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.
[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").
[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.
[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.
[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.