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

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Chapter 11.05
Relocation Policy



11.05.070 Assurances--Monitoring and corrective action.
11.05.080 Recordkeeping and records and reports.
11.05.090 Administration of relocation payments.
11.05.100 Appeals.

11.05.070 Assurances--Monitoring and corrective action.

A. Assurances. Each Developer (except the City or any agency thereof or any public or quasi-public agency or corporation operating in the City, unless they are receiving for another such entity the assistance described in Section 11.05.040(K) shall provide assurances in a contract with the entity providing the assistance described in Section 11.05.040(K) (i.e., the City or a Public Agency) that the Developer will comply with the provisions of this Policy. The City or Public Agency shall provide a copy of each contract containing such assurances to the St. Louis Development Corporation ("SLDC"), 330 North 15th Street, St. Louis, Missouri 63103, Attention: Relocation Section.

B. Monitoring and Corrective Action. SLDC shall monitor compliance with this Policy and may pursue any and all legal and equitable remedies to ensure compliance with this Policy and/or make recommendations to, and assist the City or Public Agency regarding corrective action, as it deems appropriate. The City or Public Agency may also independently apply sanctions and/or take corrective action in accordance with applicable program regulations and/or contracts with the Developer; provided, however, that prior to so doing, the City or Public Agency shall notify SLDC thereof.

Nothing contained herein shall be construed as imposing upon SLDC, the City or the Public Agency the obligation to provide the relocation payments and assistance to displaced persons unless such entities undertake a Project on their own behalf. Each Developer shall indemnify and defend the City and SLDC and, if applicable, the Public Agency, for any and all claims of any kind whatsoever arising out of the Developer's administration and/or implementation of the Policy and shall post a bond in an amount deemed satisfactory to such entities to secure the faithful performance of such obligation. A provision containing the foregoing requirements shall be contained in the contract described in Section 11.05.070(A).

C. Urban Redevelopment Corporations. A developer which is an urban redevelopment corporation created pursuant to Chapter 353 R.S.Mo. ("Urban Redevelopment Corporation") that fails to comply with the relocation requirements provided in this Policy, shall not be eligible for tax abatement as provided for in Chapter 353, R.S.Mo.
(Ord. 62481 1 Exh. A (part), 1991.)

11.05.080 Recordkeeping and records and reports.

A. Recordkeeping. The Developer shall maintain records and reports of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this Policy, as further described in this section. The Developer shall retain such records for at least three (3) years from the date that each owner of the real property and each person displaced from the real property receives the final payment to which (s)he is entitled under this Policy.

B. Records. The Developer shall maintain individual case files containing the following information:

1. Identification of the person's name, address and date of initial occupancy of the displacement dwelling. The Developer shall also make a good faith effort to identify, with respect to residential tenant-occupants, the age, sex, and income of all members of the household, and the monthly rent and average monthly utility costs at the displacement dwelling.

2. Evidence that the person received the Notice of Intent to Acquire complying with the requirements of Section 11.05.070(A) in a timely fashion.

3. Evidence that each displaced person received an Eligibility and Vacation Notice complying with requirements of Section 11.05.070(B) in a timely fashion.

4. Identification of relocation needs and preferences and dates of personal and other contacts and services provided.

5. Identification of referrals to replacement properties as required in Section 11.05.120 of this Policy, date of referral, rent or sale price of each referral dwelling and the utility costs thereat to the extent available to the Developer, date of availability of the referral property, and reason(s) given by the person for rejecting the referral property, if applicable.

6. Copy of the Vacate Notice(s), to the extent not provided pursuant to subsection (B)(3) of this Section.

7. Identification, by address, of the replacement property, rent or sale price of the replacement dwelling and the estimated utility costs thereat to the extent available to the Developer and the date of relocation.

8. Copy of each approved claim form and related documentation, evidencing that the person received a relocation payment.

C. Reports.

1. All Developers. The Developer shall provide to SLDC and to the Public Agency providing the assistance described in Section 11.05.040(K) (if applicable), the following:

a. Notices of when relocation begins and when it has been completed.

b. A copy of any written complaint received by the Developer from a displaced person regarding relocation payments or assistance.

c. If requested, a copy of any one or more of the case files to be maintained by the Developer pursuant to the provisions of subsection B of this section.

2. Urban Redevelopment Corporations. In addition to providing the information described in subsection (C)(1) of this Section, every Urban Redevelopment Corporation shall:

a. Submit, as part of a "redevelopment plan" (as defined in Chapter 353 R.S.Mo.), a relocation plan complying with the provisions of this Policy; and

b. Submit to SLDC the address of all occupied residential buildings and structures within the "redevelopment area" (as defined in Chapter 99, Chapter 100 and Chapter 353 R.S.Mo., as appropriate), the names and addresses of the persons displaced by the Urban Redevelopment Corporation, the specific relocation payments and assistance provided to each such displaced person and copies of the notices provided by such Developer to each displaced person.
(Ord. 62481 1 Exh. A (part), 1991.)

11.05.090 Administration of relocation payments.

A. Expeditious Payments. The Developer shall review claims for relocation payments in an expeditious manner. The Developer shall promptly notify all displaced persons of any additional documentation that is required to support the claim. The Developer shall pay all claims for relocation payments as soon as possible following receipt of sufficient documentation to support the claim, but in no event later than thirty days following receipt of such documentation.

B. Advance Payments. If the Developer or SLDC determines that a displaced person should be provided with an advance relocation payment in order to avoid or reduce a hardship, the Developer shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

C. Time for Filing. Except to the extent extended by the Public Agency for good cause, all claims for relocation payments shall be filed with the Developer within six months after:

1. In the case of tenants, the date of displacement;

2. In the case of owners, the date of displacement or the final payment for the acquisition of the real property (except that in the case of property acquired pursuant to an installment sales contract, the date of payment of the initial regular installment), whichever is later.

D. Deductions From Relocation Payments. A Developer shall deduct the amount of any advance relocation payment from any subsequent relocation payment to which a displaced person is otherwise entitled. Similarly, a Developer may deduct from relocation payments any rent that the displaced person owes the Developer; provided, however, that no deduction shall be made if it would prevent the displaced person from obtaining a "decent, safe and sanitary" replacement dwelling. The Developer shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor, except as otherwise may be required by law.
(Ord. 62481 1 Exh. A (part), 1991.)

11.05.100 Appeals.

A. Initiation of an Appeal. A person may initiate an appeal by personally delivering or mailing a written notice of appeal to SLDC within sixty (60) calendar days after the person receives written notification of the Developer's determination on the person's claim for relocation payments and assistance. The person requesting the appeal shall also mail a copy of said notice of appeal to the Developer. SLDC shall accept written notices of appeals regardless of form. If a person does not file a notice of appeal within said sixty (60) day period, the person will be deemed to have waived his/her right to an appeal.

B. Review of Developer's Files by Appealing Person. The Developer shall permit the appealing person to inspect and copy all materials pertinent to his or her appeal, except records which may remain closed pursuant to the provisions of Section 610.021 R.S.Mo. The Developer may, however, impose reasonable conditions on the person's right to inspect, and to obtain copies of materials, including imposing a reasonable charge for copies.

C. Statement of Appeal. Within thirty (30) calendar days after submitting a notice of appeal, the appealing party shall file with SLDC a written statement of appeal describing in detail the errors allegedly made by the Developer in determining the person's eligibility for relocation assistance or the amount or type of assistance to which such person is entitled. On or before the day the appealing party files the statement of appeal with SLDC, the appealing party shall mail a copy thereof to the Developer. The Developer may submit for SLDC's consideration a written response to the statement of appeal by personally delivering or mailing same to SLDC within thirty (30) calendar days after the date the statement of appeal is filed. On or before the day the Developer files the response with SLDC, the Developer shall mail a copy thereof to the appealing party. All statements of appeal and responses thereto shall be confined to the factual and legal issues essential to the ultimate and just determination of the appeal. The statement of appeal and response shall not exceed ten (10) pages in length, excluding all documents attached thereto in support of the arguments contained in the statement of appeal of the response.

D. Review Committee. The Executive Director of SLDC shall appoint a committee of one or more persons to review appeals filed pursuant to this Policy (the "Review Committee").

E. Scope of Review. The decision of the Review Committee shall be made on the basis of the statement of appeal and response; provided, however, that the Review Committee shall have the option, in its sole discretion, to request that the parties appear at a hearing by notifying the parties thereof within ten (10) business days of the date of Developer's response to the statement of appeal is due. Said notice shall state the place and the time and date of the hearing which shall be at least (2) calendar days from the date of said notice. Neither party shall be permitted to submit new or additional documentation or information subsequent to the date of filing of such party's statement of appeal or response was due.

F. Right to Representation. A person and the Developer shall have the right to be represented by legal counsel in connection with an appeal, but solely at their own expense.

G. Determination and Notification. Within thirty (30) calendar days after the date the response to the statement of appeal is due or the date of the hearing on an appeal, whichever is later, the Review Committee shall make a written determination on the appeal, including an explanation of the basis upon which the decision was made and shall furnish a copy thereof to the Developer, the Public Agency (if applicable) and the appealing party.

H. Waiver of Requirements. The Review Committee may, in its discretion, waive any of the requirements imposed by this Section on the appealing party of the Developer if it believes that doing so is in the interest of fairness and will not be prejudicial to either party.
(Ord. 62481 1 Exh. A (part), 1991.)

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