[R.O. 2012 §170.010; Ord. No. 1429 §§1 — 2, 9-16-2008]
The following relocation policy (this "Relocation Policy") shall apply to land acquisitions under the operation of Chapter 99, Chapter
100 or Chapter 353, RSMo., as amended ("RSMo.") pursuant to any redevelopment plan, project or area 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., as well as to land acquisitions undertaken through condemnation proceedings initiated by the City or any entity acting by and through the City after December 31, 2006.
[R.O. 2012 §170.020; Ord. No. 1429 §§1 — 2, 9-16-2008]
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; or
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) or 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 PERSON
Any person that moves from the real property or moves his
or 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.
GOVERNING BODY
The duly elected Board of Aldermen of the City of Warson
Woods.
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 or 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.
PUBLIC AGENCY
The State of Missouri or any political subdivision or any
branch, bureau or department thereof and any quasi-public corporation
created or existing by law which are authorized to acquire real property
for public purpose and which acquire any such property either partly
or wholly with aid or reimbursement from Federal funds.
[R.O. 2012 §170.030; Ord. No. 1429 §§1 — 2, 9-16-2008]
A. The Governing
Body or appropriate public agency is required, as a condition to receipt
of Federal funds, to give relocation assistance to any displaced person
and is hereby authorized and directed to give similar relocation assistance
to displaced persons when the property involved is being acquired
for the same public purpose through the same procedures and is being
purchased solely through expenditure of State or local funds.
B. 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. 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, either by incorporation of this relocation policy or by
express provision therein, 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 a 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 as 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.
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 payment; or
2. Actual
reasonable costs of relocation including 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.
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 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 ($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.
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 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 or 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 Subdivisions (2) and (3) of Section (5) of
Section 523.205, RSMo.
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 Subdivision (4) of Subsection (5) of Section 523.205,
RSMo.
I. 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 Governing Body 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 Section 523.205, RSMo., and this relocation
policy shall not be eligible for tax abatement as provided for in
Chapter 353, RSMo.
K. The requirements
set out in this relocation policy and in Section 523.205, RSMo., 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 Governing Body 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 or her business in a redevelopment area solely for
the purpose of obtaining relocation benefits.
M. The provisions
of Sections 523.200 and 523.205, RSMo., and this relocation policy
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., and any other land acquisition
by the City or public agency acting by and through the City through
condemnation proceedings initiated after December 31, 2006.
N. This
relocation policy shall supersede any prior relocation policy adopted
pursuant to Chapter 523, RSMo.