[R.O. 1992 § 515.010; Ord. No. 07-10154 § 1, 1-16-2007]
A. As used herein, the following terms shall
mean:
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 26 U.S.C. § 501(c)(3), 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.
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
that has a legal right to occupy the property, including, but not
limited to, month-to-month tenants.
B. Relocation Plan. 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.
C. Requirements. Unless the property acquisition
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., 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; and
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 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
5.
Every displaced person shall be given
a ninety-day notice to vacate prior to the date such displaced person
is required to vacate the premises.
D. Payment Requirement. 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 fixed moving expense payment of
one thousand dollars ($1,000.00) 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 improvements 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 fixed moving expense payment of
three thousand dollars ($3,000.00) and up to an additional ten thousand
dollars ($10,000.00) for reestablishment expenses. Reestablishment
expenses are limited to costs incurred for physical improvements to
the replacement property to accommodate the particular business 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 reestablishment expenses. Reestablishment
expenses are limited to actual 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 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 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 Relocation Policy 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 Relocation Policy and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subsection
(C)(2) and
(3), above.
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 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
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
Relocation Policy shall not be eligible for tax abatement as provided
for in Chapter 353, RSMo.
K. 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.
L. 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.