BULLET St. Louis City Revised Code Chapter 11.05 Relocation Policy Part II

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Chapter 11.05
Relocation Policy



11.05.030 Purpose.
11.05.040 Definitions.
11.05.050 Applicability.
11.05.060 Minimum standards.

11.05.030 Purpose.

The purpose of this Relocation Policy for the City of St. Louis ("Policy"), is to ensure that all persons displaced as a result of projects which receive public assistance in the City of St. Louis are treated fairly, consistently and equitably and do not suffer disproportionate injuries as a result of such projects.
(Ord. 62481 1 Exh. A (part), 1991.)

11.05.040 Definitions.

A. Business. The term "business" means any lawful activity that is conducted:

1. Primarily for the purchase, sale, lease and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; or

2. Primarily for the sale of services to the public.

B. Comparable Replacement Dwelling. The term "comparable replacement dwelling" means a dwelling which is:

1. Decent, safe and sanitary, as defined in subsection C of this section;

2. Located in an area generally not less desirable than the location of the displacement dwelling with respect to public utilities, commercial and public facilities and the person's place of employment; and

3. Available at a cost generally consistent with the market in the St. Louis Metropolitan Area for dwellings similar to the displacement dwelling.

C. Decent, Safe and Sanitary Dwelling. The term "decent, safe and sanitary dwelling" means a dwelling which meets applicable housing and occupancy codes and:

1. Is structurally sound, weathertight, and in good repair;

2. Contains a safe electrical wiring system adequate to service the reasonable electrical needs of the displaced person;

3. Contains a safe heating system capable of sustaining a healthful temperature for the displaced person;

4. Is adequate in size and with respect to the number of rooms and area of living space needed to accommodate the displaced person;

5. For a handicapped person, is free of any barriers which would preclude reasonable ingress, egress or use of the dwelling by such person.

D. Developer. The term "Developer" means the City of St. Louis (the "City") or any agency of the City or any public or quasi-public agency or corporation operating in the City, to the extent that the foregoing undertake a Project (as defined in subsection K of this section) on their own behalf, or a person, partnership or corporation which undertakes a Project.

E. Displaced Person. The term "displaced person" means any person (as defined in subsection J of this Section) that voluntarily and permanently moves from real property, or voluntarily and permanently moves his or her personal property from such real property as a direct result of the acquisition, rehabilitation or demolition of, or the receipt of a written notice of intent to acquire (as described in Section 11.05.110(A), such real property, in whole or in part, for a Project; excluding, however, any such person as has received a notice of termination of intent to acquire as described in Section 11.05.110(C) prior to moving from the real property. The term "displaced person" does not include:

1. A person who is evicted for cause from the real property, in accordance with applicable state and local law, if:

a. The person received an eviction notice prior to the Initiation of Negotiations, and, as a result is later evicted; or

b. The person is evicted after the Initiation of Negotiations for serious or repeated violations of material terms of the lease or occupancy agreement; and

c. In either case a or b, the eviction was not undertaken for the purpose of evading the obligation to provide the relocation payments and assistance set forth in this Policy.

2. A person who has no legal right to occupy the real property under state or local law;

3. A person who occupies the real property for the purpose of obtaining relocation assistance;

4. A person who is a tenant-occupant and moves onto the real property after the Initiation of Negotiations (as defined in subsection I of this section), with knowledge of the possibility of displacement for a project;

F. Displacement Dwelling. The term "displacement dwelling" means the dwelling (as defined in subsection G of this section) from which a person is being displaced.

G. Dwelling. The term "dwelling" means the permanent or customary and usual residence of a person, according to local custom of law, including a single-family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; or any other residential unit. "Dwelling" does not include the place of operation of a business or nonprofit organization.

H. Handicapped Person. The term "handicapped person" means 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.

I. Initiation of Negotiations. The term "Initiation of Negotiations" means the delivery of the initial written offer by the Developer to the owner of the real property to purchase such real property or the notice to a tenant that (s)he will be displaced by the Project (as defined in subsection K of this section).

J. Person. The term "person" means any individual, family, partnership, corporation or association.

K. Project. The term "Project" means the demolition, rehabilitation or construction of improvements on, or the redevelopment of, real property in the City of St. Louis which will result in the displacement of any person and which will utilize any one or more of the following:

1. Power of Eminent Domain;

2. Tax Abatement;

3. Tax Increment Financing;

4. Tax-exempt revenue bonds issued by a public or quasi-public agency;

5. A grant or below-market interest rate loan from the City or any agency thereof.

L. Public Agency. The term "Public Agency" means any agency of the City or any public or quasi-public agency or corporation operating in the City and providing to a Developer the assistance described in subsection (K)(1) through (5) of this section.

M. Reasonable Moving and Related Expenses. The term "reasonable moving and related expenses" means those expenses of moving, as described in Sections 11.05.130 or 11.05.140, as appropriate, from the displacement property to a comparable property in the St. Louis Metropolitan Area, to the extent that such expenses would customarily be incurred for such a move.

N. Tenant. The term "tenant" means a person who has the temporary use and occupancy of real property owned by another.
(Ord. 62481 1 Exh. A (part), 1991.)

11.05.050 Applicability.

Any person who is a displaced person (as defined in Section 11.05.040(E) of this Policy) as a result of a Project, the plans, projects or areas for redevelopment under the provisions of Chapters 99, 100 or 353, R.S.Mo. (1986) for which are approved or amended, or the issuance of tax exempt revenue bonds or the making of a grant or below market interest rate loan for which are approved by the City or the Public Agency on or after August 31, 1991, will be entitled to receive from the Developer the relocation payments and assistance set forth in this Policy, to the extent authorized in this Policy, unless (1) the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 to 4655, inclusive, as amended) (the "URA") or Section 104(d) of the Federal Housing and Community Development Act of 1974 (42 U.S.C. 5304(d), as amended) are applicable to such displacement; or (2) the person is displaced as the result of the acquisition for a public purpose of real property in the City of St. Louis by the State of Missouri or any political subdivision or any branch, bureau or department thereof, or by any quasi-public corporation, and such real property is purchased solely through the expenditure of state or local funds, in which case the provisions of the URA shall apply.
(Ord. 62481 1 Exh. A (part), 1991.)

11.05.060 Minimum standards.

The requirements set out in this Policy shall be considered minimum standards. In reviewing any relocation plan proposed by a Developer under the operation of Chapter 99, R.S.Mo., Chapter 100, R.S.Mo., or Chapter 353, R.S.Mo., the Public Agency shall determine the adequacy of the proposed plan, and may, in its discretion, require additional assistance to be provided.
(Ord. 62481 1 Exh. A (part), 1991.)

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