City of Clayton, MO Chapter 135 Urban Redevelopment — Relocation Policy

Section 135.010 Relocation Policy.

[Ord. No. 6332 §1, 8-12-2014[1]]

A. The Relocation Policy, as set forth in this Section, is hereby established, adopted and approved.

B. The following Relocation Policy shall apply to any plan, project or area for redevelopment under the operation of Chapter 99, RSMo., Chapter 100, RSMo., or Chapter 353, RSMo., 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. §§ 4601 to 4655, as amended) or to other state law requirements.

1. As used herein, the following terms shall mean:

BUSINESS

Any lawful activity that is conducted:

a. Primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products or commodities;

b. Primarily for the sale of services to the public; or

c. On a not-for-profit basis by any organization that has obtained an exemption from the payment of federal income taxes as provided in § 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:

a. Be structurally sound, weathertight and in good repair;

b. Contain a safe electrical wiring system;

c. Contain an adequate heating system;

d. Be adequate in size with respect to the number of rooms needed to accommodate the displaced person; and

e. 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 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 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, any public school district, 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.

URBAN REDEVELOPMENT CORPORATION

A corporation organized pursuant to Chapter 353, RSMo., as further defined in Section 353.020 RSMo.

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 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:

a. 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;

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 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:

(1) 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; and

(2) 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;

d. 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

e. Every displaced person shall be given a ninety-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 of the following, at the option of the person:

a. A fixed moving expense payment of one thousand dollars ($1,000.00); or

b. 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 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.

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 fixed moving expense payment of three thousand dollars ($3,000.00) and up to an additional ten thousand dollars ($10,000.00) for reestablishment expenses. Reestablishment expenses are limited to costs incurred for physical improvements to the replacement property to accommodate the particular business at issue; 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, and up to an additional ten thousand dollars ($10,000.00) for reestablishment expenses. Reestablishment expenses are limited to actual costs incurred for physical improvements to the replacement property to accommodate the particular business at issue.

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 or other acquiring 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:

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 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 this Relocation Policy and his entitlement to payment and shall be filed with the City or other 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 Subsection B3b and c above.

8. 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 Subsection B3d above.

9. Any urban redevelopment corporation, its assigns or transferees, which have 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 Board of Aldermen 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.

10. An urban redevelopment corporation which fails to comply with the relocation requirements provided in this Relocation Policy 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 Board of Aldermen or appropriate 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 locates his business in a redevelopment area solely for the purpose of obtaining relocation benefits.

C. The Relocation Policy shall apply to any plan, project, or area for redevelopment under the operation of Chapter 99, Chapter 100, or Chapter 353 of the Revised Statutes of Missouri, as amended, which is hereafter filed for approval, approved, or amended, and any other land acquisition by the City through condemnation proceedings initiated after December 31, 2006.

D. The Sections of this Chapter shall be severable. If any Section of this Chapter is found by a court of competent jurisdiction to be invalid, the remaining Sections of this Chapter are valid, unless the court finds the valid Sections of this Chapter are so essential and inseparably connected with and dependent upon the void Section that it cannot be presumed that the Board of Aldermen would have enacted the valid Sections without the invalid ones, or unless the court finds that the valid Sections standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.

[1] Editor's Note: This ordinance also provided for the repeal of former § 135.010, Relocation Policy, adopted 12-13-2005 by Ord. No. 5910.