[Ord. No. 10-03 §§1 —
2, 2-3-2010]
A. Purpose.
1. The
Relocation Policy, a copy of which is included herein is hereby established,
adopted and approved.
2. The Relocation Policy shall apply to any land acquisitions under the operation of Chapter 99, Chapter
100, or Chapter 353, RSMo., filed for approval, approved, or amended on or after August 31, 1991 and any other land acquisition by the City through condemnation proceedings.
B. Application. The following Relocation Policy shall apply
to:
1. Any
land acquisitions under the operation of Chapter 99, RSMo., Chapter
100, RSMo., or Chapter 353, RSMo., which is filed for approval, approved
or amended on or after August 31, 1991, and/or
2. Any
condemnation proceedings, which in either case proposes or includes
within its provisions or may necessitate 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.
C. Definitions. 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 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, 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 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
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.
D. Every
urban redevelopment corporation acquiring property within a redevelopment
area shall submit a relocation plan as part of the redevelopment plan.
E. 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 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
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 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 (90) day notice to vacate,
prior to the date such displaced person is required to vacate the
premises.
F. 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 (1st) and last
month's rent and security deposit. Such costs of relocation shall
not include the cost of replacement property or any capital improvements
thereto.
G. 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 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 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.
H. 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
(or public agency, if applicable) 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.
I. Any displaced
person, who is also the owner of the premises, may waive relocation
payments as part of 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 Section 523.205, RSMo., and
his entitlement to payment and shall be filed with the City (or the
acquiring public agency, if applicable). However, any such waiver
shall not include a waiver of any notice provisions of Section 523.205,
RSMo., and a displaced person shall remain entitled to all of the
provisions regarding programs which are contained in Subdivisions
(2) and (3) of Subsection (5) of Section 523.205, RSMo.
J. 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 Subdivision (4) of Subsection (5) of Section 523.205,
RSMo.
K. 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 (or local Governing Body, as applicable)
shall be required to make a report to the City Council (or local Governing
Body, as applicable) 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.
L. 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.
M. 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.
N. Relocation
assistance shall not be provided to any person who purposely resides
or locates his business in a redevelopment area solely for the purpose
of obtaining relocation benefits.
O. 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 and, as provided by Subsection (2) of Section 523.205, RSMo.,
any other land acquisitions by a political subdivision or governmental
entity through condemnation proceedings initiated after December 31,
2006.