Editor's Note — Ord. no. 1960 enacted January 21, 1997,
repealed chapter 505 in its entirety. Said former chapter derived
from CC 1976 §§13-14, 13-15, 13-18; ord. no. 1506 §5,
1-5-88; ord. no. 1825 §1, 2-21-95. Subsequently at the editor's
discretion, we have inserted ord. no. 1999 adopted August 19, 1997,
herein. Subsequently ord. no. 2605, adopted December 2, 2008 superseded
this ch. 505 and enacted the new provisions set out herein.
[Ord. No. 2605 §1, 12-2-2008]
The following Relocation Policy (the "Relocation Policy") shall apply to land acquisitions under the operation of Chapter 99, Chapter 100 or Chapter 353, RSMo., as amended 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 of Pacific, Missouri (the "City") or any entity acting by and through the City after December 31, 2006, which may necessitate displacement of persons, when such displacement is not subject to the provisions of the Federal Relocation Act.
[Ord. No. 2605 §1, 12-2-2008]
As used herein, the following terms shall mean:
Any lawful activity that is conducted:
Primarily for the purchase, sale or use of personal or real
property or for the manufacture, processing or marketing of products
or commodities; or
Primarily for the sale of services to the public; or
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.
A dwelling which meets applicable housing and occupancy codes.
The dwelling shall:
Be structurally sound, weathertight and in good repair;
Contain a safe electrical wiring system;
Contain an adequate heating system;
Be adequate in size with respect to the number of rooms needed
to accommodate the displaced person; and
For a handicapped person, be free of barriers which would preclude
reasonable ingress, egress or use of the dwelling.
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.
The duly elected governing body of the City.
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.
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.
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.
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.
As defined in Section 353.020, RSMo.
[Ord. No. 2605 §1, 12-2-2008]
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.
[Ord. No. 2605 §1, 12-2-2008]
A.
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 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 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 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.
[Ord. No. 2605 §1, 12-2-2008]
A.
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 a replacement property or any capital improvements
thereto.
[Ord. No. 2605 §1, 12-2-2008]
A.
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 ($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.
[Ord. No. 2605 §1, 12-2-2008]
A.
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:
[Ord. No. 2605 §1, 12-2-2008]
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 Section
523.205, RSMo., and his 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 Section 523.205, RSMo.,
or 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 Subsection (5) of Section 523.205, RSMo.
[Ord. No. 2605 §1, 12-2-2008]
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.
[Ord. No. 2605 §1, 12-2-2008]
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.
[Ord. No. 2605 §1, 12-2-2008]
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.
[Ord. No. 2605 §1, 12-2-2008]
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.
[Ord. No. 2605 §1, 12-2-2008]
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.
[Ord. No. 2605 §1, 12-2-2008]
This Relocation Policy shall supersede any prior relocation
policy adopted pursuant to Chapter 523, RSMo.
