[Ord. No. 679 §1, 11-6-2000]
A. Assurances. Each developer (except the City or any agency thereof or any public or quasi-public agency or corporation operating in the City, unless they are receiving from another such entity the assistance described in the definition of project in Section
535.030) shall provide assurances in a contract with the entity providing the assistance described in the definition of project in Section
535.030 (i.e., the City or a public agency) that the developer will comply with the provisions of this Chapter and any additional standards specifically imposed on the developer. The City or public agency shall provide a copy of each contract containing such assurances to the City of St. John and the Relocation Appeals Board.
B. Monitoring And Correction Action. The City of St. John shall
monitor compliance with this Chapter and may pursue any and all legal
and equitable remedies to ensure compliance with this Chapter and/or
make recommendations to regarding corrective action, as it deems appropriate.
The City or public agency may also independently apply sanctions and/or
take corrective action in accordance with applicable program regulations
and/or contracts with the developer.
C. Nothing contained herein shall be construed as imposing upon the City or the public agency the obligation to provide the relocation payments and assistance to displaced persons unless such entities undertake a project on their own behalf. Each developer shall indemnify, defend and hold harmless the City, and if applicable, the public agency, for any and all claims of any kind whatsoever arising out of the developer's administration and/or implementation of this Chapter and shall post a bond in an amount deemed satisfactory to such entitles to secure the faithful performance of such obligation. A provision containing the foregoing requirements shall be contained in the contract described in Subsection
(A) herein.
[Ord. No. 679 §1, 11-6-2000]
A. Recordkeeping. The developer shall maintain records and
reports of its acquisition and displacement activities in sufficient
detail to demonstrate compliance with this Chapter, as further described
in this Section, for at least three (3) years from the date that each
owner of the real property and each person displaced from the real
property receives the final payment to which (s)he is entitled under
this Chapter.
B. Records. The developer shall maintain individual case files
containing the following information:
1. Identification of the person's name, address and date of initial
occupancy of the displacement dwelling. For residential tenant-occupants,
the age, sex and income of all members of the household; and the monthly
rent and average monthly utility costs at the displacement dwelling.
2. Evidence that the person received the notice of intent to acquire complying with the requirements of Section
535.100(A) in a timely fashion.
3. Evidence that each displaced person received an eligibility and vacation notice complying with requirements of Section
535.100(B) in a timely fashion.
4. Identification of relocation needs and preferences and dates of personal
and other contacts and services provided.
5. Identification of referrals to replacement properties as required in Section
535.110 of this Chapter, date of referral, rent or sale price of each referral dwelling and the utility costs to the extent available to the developer, date of availability of the referral property, and reason(s) given by the person for rejecting the referral property, if applicable.
6. Copy of the vacate notice(s), to the extent not provided pursuant to Subsection
(B)(3) of this Section.
7. Identification, by address, of the replacement property, rent or
sale price of the replacement dwelling, and the utility costs thereat
to the extent available to the developer and the date of relocation.
8. Copy of each approved claim form and related documentation, evidencing
that the person received a relocation payment.
C. Reports.
1. All developers. The developer shall provide to City
of St John and to the public agency providing the assistance (if applicable),
the following:
a. Annual relocation reports due January thirty-first (31st) for the
preceding calendar year.
b. Notices of when relocation begins and when it has been completed.
c. Notice of any disputes between a displaced person and the developer
pertaining to relocation payments or assistance.
d. If requested, a copy of any one (1) or more of the case files to be maintained by the developer pursuant to the provisions of Subsection
(C)(1)(b) of this Section.
2. Urban redevelopment corporations. In addition to providing the information described in Subsection
(C)(1) of this Section, every urban redevelopment corporation shall comply with the provisions of Section
535.080.
[Ord. No. 679 §1, 11-6-2000]
A. Expeditious Payments. The developer shall review claims
for relocation payments in an expeditious manner. The developer shall
promptly notify all displaced persons of any additional documentation
that is required to support the claim. The developer shall pay all
claims for relocation payments as soon as possible following receipt
of sufficient documentation to support the claim, but in no event
later than thirty (30) days following receipt of such documentation.
B. Advance Payments. If a person demonstrates the need for
an advance relocation payment in order to avoid or reduce a hardship,
the developer shall issue the payment subject to such safeguards as
are appropriate to ensure that the objective of the payment is accomplished.
C. Time For Filing. Except to the extent extended by the City
or the public agency for good cause, all claims for relocation payments
shall be filed with the developer within six (6) months after:
1. In the case of tenants, the date of displacement;
2. In the case of owners, the date of displacement or the final payment
for the acquisition of the real property (except that in the case
of property acquired pursuant to an installment sales contract, that
date of payment of the initial regular installment), whichever is
later.
D. Deductions From Relocation Payments. A developer shall deduct
the amount of any advance relocation payment from any subsequent relocation
payment to which a displaced person is otherwise entitled. Similarly,
a developer may deduct from relocation payments any rent that the
displaced person owes the developer, provided however, that no deduction
shall be made if it would prevent the displaced person from obtaining
a "decent, safe and sanitary" replacement dwelling. The developer
shall not withhold any part of a relocation payment to a displaced
person to satisfy an obligation to any other creditor, except as otherwise
may be required by law.
[Ord. No. 679 §1, 11-6-2000]
A. General. The Relocation Appeals Board shall promptly review
appeals in accordance with the requirements of applicable law and
this Chapter.
B. Initiation Of An Appeal. A person may file an appeal with
the Relocation Appeals Board in any case in which the person believes
that a developer has failed to properly determine the person's eligibility
for relocation payments or assistance or to properly determine the
amount or type thereof to which such person is entitled under this
Chapter. A person may initiate an appeal by filing a written notice
of appeal with the Relocation Appeals Board and mailing a copy thereof
to the developer. The Relocation Appeals Board shall consider a written
appeal regardless of form.
C. Time Limited For Initiating Appeal. The City of St. John
may set a reasonable time limit for a person to file an appeal. The
time limit shall not be less than sixty (60) days after the person
receives written notification of the developer's determination on
the person's claim.
D. Right To Representation. A person and the developer have
a right to be represented by legal counsel or their representative
in connection with an appeal, but solely at their own expense.
E. Review Of Files By A Person Making An Appeal. The developer
shall permit a person to inspect and copy all materials pertinent
to his or her appeal, except records which may remain closed pursuant
to the provisions of Section 610.021, RSMo. The developer may, however,
impose reasonable conditions on the person's right to inspect, consistent
with applicable laws.
F. Time For Submission Of Evidence. The person and the developer
shall submit all evidence which they wish the Relocation Appeals Board
to consider in connection with this appeal within sixty (60) days
of the date the appeal was filed; provided however, that such time
may be extended by the Relocation Appeals Board for good cause.
G. Scope Of Review Of Appeal. In deciding an appeal, the Relocation
Appeals Board shall consider all pertinent evidence submitted and
all other available information that is needed to ensure a fair and
full review of the appeal.
H. Determination And Notification After Appeal. Within thirty
(30) days after receipt of all information submitted in connection
with an appeal, the Relocation Appeals Board shall make a written
determination on the appeal, including an explanation of the basis
upon which the decision was made, and furnish a copy to the developer,
the public agency (if applicable) and the person.