[Ord. No. 679 §1, 11-6-2000]
A. Notice Of Intent To Acquire. At least ninety (90) days prior
to the date that the person will be required to vacate the real property,
the developer shall send a notice of intent to acquire to each person
that may be permanently displaced as result of a project. At a minimum,
the notice shall do the following:
1. Explain that a project has been proposed and that the developer intends
to acquire the real property therefor;
2. Caution the person not to move before the person receives a notice
of eligibility for assistance;
3. Generally describe the relocation payments for which the person may
be eligible, the basic conditions of eligibility and the procedures
for obtaining the payments;
4. Generally describe the relocation assistance to which such person
may be entitled, including referrals to replacement properties, help
in filing payment claims and other necessary assistance to help the
person successfully relocate and the procedures for the provision
of such assistance;
5. Inform the person that (s)he will not be required to move without
at least ninety (90) days' advance written notice;
6. Provide the name, address and telephone number of the person who
will be handling relocation for the developer;
7. Inform the person of the requirements set forth in Article
II, to the extent applicable; and
8. Generally describe the appeals procedure as set forth in Article
II.
B. Eligibility And Vacation Notice.
1. General. No displaced person shall be required to
move unless he or she has received at least ninety (90) days' advance
written notice of:
a. The earliest date by which he or she may be required to vacate the
real property; and
b. The person's eligibility for relocation payments and/or assistance.
2. Timing of notice. The eligibility and vacation notice shall not be given before, but may be given concurrently with, the notice of intent to acquire described in Subsection
(A) of this Section.
3. Content of notice. The eligibility and vacation
notice shall either:
a. State the specific date by which the real property must be vacated;
or
b. Specify the earliest date by which the person may be required to
move and indicate that the person will receive another notice indicating
the specific date by which he or she must move, at least thirty (30)
days prior to such date; such notice shall also state whether the
person is eligible for relocation payments and/or assistance. The
developer shall include with each such notice a copy of the City of
St. John's appeals procedures.
4. Additional vacation notice. If the developer previously
provided an eligibility and vacation notice which did not state the
specific date by which the real property must be vacated, the developer
shall provide an additional vacation notice stating the specific date
by which the person will be required to vacate the real property at
least thirty (30) days prior to such date.
5. Notice not required. The eligibility and vacation notice and, if applicable, the vacate note described in Subsection
(B)(4) of this Section not be issued to a person if:
a. There is no occupied structure and no personal property on the real
property;
b. The person makes an informed decision to relocate and vacates the
real property prior to the time such notices are to be provided;
c. The person, with full knowledge of his or her right to receive such
notices, enters into a negotiated agreement for delivering possession
of the real property; or
d. The person does not qualify as a displaced person, as defined in Section
535.030 of this Chapter.
C. Notice Of Termination Of Intent To Acquire. A developer
can terminate any further obligation to provide the relocation payments
and assistance provided herein by providing to each person occupying
the real property a notice that it is terminating its intent to acquire
such property; provided however, that if the developer shall reinitiate
negotiations for such real property within one (1) year of such termination,
the eligibility of all displaced persons who were eligible for payments
and/or assistance at the time of such termination shall resume and
the eligibility of any other displaced persons shall be determined
with reference to this Chapter; and, provided further, that the developer
shall be obligated to pay any documented actual reasonable moving
and related expenses incurred by each such person prior to the date
of the notice of termination, to the extent such expenses would be
eligible for payment under the provisions of this Chapter.
D. Manner Of Notices. Each notice which the developer is required
to provide to a displaced person under this Chapter shall be personally
served or sent by certified or registered first class mail, return
receipt requested, and a copy thereof shall be kept in the developer's
files. Each notice shall indicate the name and telephone number of
a person who may be contacted for answers to questions or other needed
help.
[Ord. No. 679 §1, 11-6-2000]
A. General. The developer shall provide a minimum of three
(3) decent, safe and sanitary dwelling referrals to all residential
displaced persons, and three (3) suitable replacement referrals to
all displaced businesses. The developer shall use its best efforts
to cause the referrals provided to residential displaced persons to
consist of comparable replacement dwellings.
B. Time For Referrals. The developer shall provide the referrals
called for herein not less than ninety (90) days prior to the vacation
date to handicapped residential displaced persons and not less than
sixty (60) days prior to the vacation date for all other displaced
persons.
C. Transportation To Referral Sites. All residential displaced
persons shall be offered transportation to inspect the dwellings to
which they are referred.
D. Termination Of Referral Obligation. The developer's obligation
to provide the referrals to a displaced person, as set forth in this
Section, shall terminate at such time as the displaced person relocates
to a replacement dwelling or site.