[Ord. No. 2125 §1, 7-22-2008]
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. Sections 4601
to 4655, as amended) or to Subsection (1) of Section 523.205, RSMo.
[Ord. No. 2125 §1, 7-22-2008]
As used herein, the following terms shall mean:
Any lawful activity which 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;
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, weather tight 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.
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.
[Ord. No. 2125 §1, 7-22-2008]
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 (90) 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 (150) day notice
to vacate, prior to the date such displaced person is required to
vacate the premises.
[Ord. No. 2125 §1, 7-22-2008]
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. 2125 §1, 7-22-2008]
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. 2125 §1, 7-22-2008]
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:
[Ord. No. 2125 §1, 7-22-2008]
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 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 Subsections (2) and (3) of Section 160.320 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 (3) of Section 160.320 above and Subdivision (3) of Subsection (5) of Section 523.205, RSMo.
[Ord. No. 2125 §1, 7-22-2008]
Any party or its assigns or transferees which have 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.
[Ord. No. 2125 §1, 7-22-2008]
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.
[Ord. No. 2125 §1, 7-22-2008]
Relocation assistance shall not be provided to any person who
purposely resides or located his business in a redevelopment area
solely for the purpose of obtaining relocation benefits.
[Ord. No. 2125 §1, 7-22-2008]
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.
[Ord. No. 2125 §1, 7-22-2008]
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.
[Ord. No. 2125 §1, 7-22-2008]
The Sections of Chapter 160 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.
