[Ord. No. 6332 §1, 8-12-2014]
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.
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.