[R.O. 1992 § 154.300; Ord. No.
2239-08 § 1, 4-15-2008]
The following relocation policy shall apply to any plan, project
or area for redevelopment under the operation of Chapter 99, 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. §§ 4601
to 4655, as amended) or to Subsection 1 of Section 523.205, RSMo.
[R.O. 1992 § 154.310; Ord. No.
2239-08 § 1, 4-15-2008]
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;
2.
Primarily for the sale of services to the public; or
3.
On a not-for-profit basis by any organization that has obtained
an exemption from the payment of Federal income taxes as provided
in 26 U.S.C. § 501(c)(3), as amended, and veterans organizations.
DECENT, SAFE AND SANITARY DWELLING
A dwelling which meets applicable housing and occupancy codes.
The dwelling shall:
1.
Be structurally sound, weathertight 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/her
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/she 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.
[R.O. 1992 § 154.320; Ord. No.
2239-08 § 1, 4-15-2008]
A. Unless the property acquisition under any plan, project or area for
redevelopment approved under the operation of Chapter 99, RSMo., is
subject to Federal, State or other relocation standards, 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:
1.
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;
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 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; and
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 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;
5.
Every displaced residential person shall be given a ninety-day
notice to vacate, prior to the date such displaced person is required
to vacate the premises; and
6.
Every displaced business shall be given a one-hundred-fifty-day
notice to vacate prior to the date such displaced person is required
to vacate the premises.
[R.O. 1992 § 154.330; Ord. No.
2239-08 § 1, 4-15-2008]
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 dollars ($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 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.
[R.O. 1992 § 154.340; Ord. No.
2239-08 § 1, 4-15-2008]
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.
[R.O. 1992 § 154.350; Ord. No.
2239-08 § 1, 4-15-2008]
A. If a displaced person demonstrates the need for an advance relocation
payment in order to avoid or reduce a hardship, the developer or 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:
1.
For tenants, the date of displacement;
2.
For owners, the date of displacement or the final payment for
the acquisition of the real property, whichever is later.
[R.O. 1992 § 154.360; Ord. No.
2239-08 § 1, 4-15-2008]
A. 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 this relocation policy, Section 523.205, RSMo., and his/her 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 this relocation policy, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in Subsection
(A)(2) and (3) of Section
150.320 above.
B. 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 Subsection
(A)(3) and (4) of Section
150.320 above and Subdivision (3) of Subsection (5) of Section 523.205, RSMo.
[R.O. 1992 § 154.370; Ord. No.
2239-08 § 1, 4-15-2008]
Any party or its assigns or transferees, which has been provided
any assistance under the operation of Chapter 99, 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.
[R.O. 1992 § 154.380; Ord. No.
2239-08 § 1, 4-15-2008]
A. 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.
B. The requirements set out herein shall be considered minimum standards.
In reviewing any proposed relocation plan under the operation of Chapter
99, RSMo., the Board of Aldermen or public agency shall determine
the adequacy of the proposal and may require additional elements to
be provided.
[R.O. 1992 § 154.390; Ord. No.
2239-08 § 1, 4-15-2008]
Relocation assistance shall not be provided to any person who
purposely resides or located his/her business in a redevelopment area
solely for the purpose of obtaining relocation benefits.
[R.O. 1992 § 154.400; Ord. No.
2239-08 § 1, 4-15-2008]
The provisions of Sections 523.200 and 523.205, RSMo., shall
apply to land acquisitions under the operation of Chapter 99, RSMo.,
filed for approval, approved or amended on or after August 31, 1991.
[R.O. 1992 § 154.410; Ord. No.
2239-08 § 1, 4-15-2008]
The relocation policy shall apply to any plan, project or area
for redevelopment under the operation of Chapter 99, RSMo., as amended,
which is hereafter filed for approval, approved or amended.