[Ord. No. 3550 §1, 2-4-2002]
A. The
following Relocation Policy shall apply to any plan, project or area
for redevelopment under the operation of Chapter 99, RSMo., Chapter
100, RSMo., Chapter 353, RSMo., which was 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.
1.
As used herein, the
following terms shall mean:
BUSINESS
Any lawful activity which 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.
DECENT, SAFE AND SANITARY DWELLING
A dwelling that 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 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.
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 will be displaced by rehabilitation or demolition.
PERSON
Any individual, family, partnership, corporation or association.
2. 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.
3. Unless the property acquisition under any plan, project or area for
redevelopment approved 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., any such plan
approved in connection with such property acquisition shall include
a relocation plan which shall, either by incorporation of this Relocation
Policy or by express provision therein, provide for the following:
a. 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;
b. 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;
c. 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 handicapped
displaced persons and sixty (60) days' notice of referral sites of
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
d. 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.
4. 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:
a. A five hundred dollar ($500.00) fixed payment; or
b. 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.
5. All displaced businesses eligible for payments shall be provided
with relocation payments based upon the following, at the option of
the business:
a. A one thousand five hundred dollar ($1,500.00) fixed payment; or
b. 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.
6. 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
shall be filed with the displacing agency within six (6) months after:
a. For tenants, the date of displacement;
b. For owners, the date of displacement or the final payment for the
acquisition of the real property, whichever is later.
7. 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 acquiring public agency.
8. All persons eligible for relocation benefits shall be notified in
writing of the availability of such relocation payments and assistance
concurrent with the notice of referral sites as required in Subdivision
(3) of Subsection (5) of Section 523.205, RSMo.
9. 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 City Council or appropriate public agency which shall include,
but not be limited to, the addresses of all occupied residential building
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.
10. 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.
11. 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.
12. Relocation assistance shall not be provided to any person who purposely
resides or located his business in a redevelopment area solely for
the purpose of obtaining relocation benefits.
13. The provisions of Section 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.