(A) A person seeking to file a claim under this subchapter must be the present owner of the real property that is the subject of the claim at the time the claim is submitted. The claim shall be on a form established by the City Council and shall be filed with the City Recorder. The claim will not be accepted until found complete. A claim must consist of all materials required by this section. A claim will not be considered filed under Ballot Measure 37 until the City accepts the claim after the owner of real property fulfills the requirements of this section.
(B) A claim shall include the following information, reports and fee. A claim shall not be accepted for filing without all of the following :
(1) Fee. An application fee to be paid in advance of acceptance for filing to cover the costs of a completeness review and claim processing. This fee will be established by City Council resolution. The city shall record its actual costs for processing the claim, and, in the event that the advance payment is not sufficient to cover all of the city's costs, then the owner shall pay the balance owed, if any, upon receipt of a billing statement from the city. The city may send the owner periodic billing statements. If the owner does not pay on the billing statements when due, the owner will be deemed to have abandoned the claim. If the advance fee is more than the amount of the city's actual costs in processing the claim, then the excess shall be returned to the owner. This fee shall be established by council resolution. In the event that the fee is not paid in full, the City of Banks shall have a lien against any real property owned by the owner(s), and the city may take any enforcement actions to collect such fee as provided by law.
(2) Claim form. A completed claim form supplied by the City Recorder.
(3) Identification. The name(s), address(es) and telephone number(s) of all Owners, and anyone with any interest in the property, including lien holders, trustees, renters, lessees, and a description of the ownership interest of each. If the applicant is not the owner, the applicant must submit a valid power of attorney created by the owner authorizing the applicant to act on behalf of the owner;
(4) Real property description and title report. The address, tax lot, and legal description of the real property that is the subject of the claim, together with a title report issued no more than 30 days prior to the submission of the claim that reflects the ownership interest in the property, or other documentation reflecting sole ownership of the property by the claimant, and the date the property was acquired.
(5) Copy of existing regulation. The current land use regulation(s) that the owner making a claim states allegedly restricts the use of the real property and allegedly causes a reduction in the fair market value of the subject real property.
(6) Copy of prior regulation. A copy of the land use regulation in existence, and applicable to the real property when the owner became the owner of the real property, and a copy of the land use regulation in existence immediately before the regulation was enacted or enforced or applied to the real property that the owner claims restricts the use of the real property and, the owner claims, caused a reduction in fair market value due to the -land use regulation in question being more restrictive.
(7) Amount of claim. The amount of the claim, based on the alleged reduction in value of the real property supported by a copy of an appraisal by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon as defined herein. The appraisal shall indicate the amount of the alleged reduction in the fair market value of the real property before and after enactment, enforcement or application of the land use regulation in question, and explaining the rationale and factors leading to that conclusion. Any claims valuing over ($10,000, $20,000, $30,000, $50,000) shall require two appraisals by the owner.
(8) Narrative. The owner shall provide a narrative describing the history of the owner and/or family member's ownership in the real property, the history of the relevant land use regulations applicable to the claim, and how the enactment enforcement or application of the land use regulation restricts the use of the real property, or any interest therein, and has the effect of reducing the fair market value of the real property, or any interest therein.
(9) A statement regarding exceptions. A statement by the real property owner making the claim of why the land use regulation in question is not an exempt land use regulation.
(a) Commonly and historically recognized public nuisances under common law;
(b) Protection of public health and safety;
(c) Regulations required under federal law;
(d) Use of property for the purpose of selling pornography or performing nude dancing; or
(e) The subject land use regulation was enacted prior to the date of the acquisition of the property by the owner, or prior to acquisition by a family member of the owner who owned the subject property prior to the acquisition or inheritance by the owner (if family member status is claimed it must also be addressed in the title report required by division(B)(4) above.)
(10) Site plan and drawings. A copy of the site plan and drawings in a readable, legible 8-1/4- by 11-inch format related to the expected use of the real property should the land use regulation be modified, removed or not applied.
(11) Copies of leases or covenants, conditions and restrictions (CCR). Copies of any leases or covenants, conditions and restrictions (CCRs) applicable to the real property, if any, that impose restrictions on the use of the property.
(12) Nearby property owner information. The names and addresses of all owners of property within 300 feet of the property, as listed on the most recent property tax assessment roll where such property is located.
(13) Listing of nearby owned property. Identification of any other property owned by the owner within 300 feet of the boundary of the claim property.
(14) Owner statement. A statement by the owner explaining the effect a modification, removal or non-application of the land use regulation would have on the potential development of the property, and stating the most extensive development the owner believes would be permitted on the property if the identified land use regulation were modified, removed or not applied.
(15) Copies of documents. Copies of any land use actions, development applications or other applications for permits previously filed in connection with the property and the action taken, City enforcement or application of the land use regulation is a prerequisite to making a Measure 37 claim and must be described and identified by the claimant.
(16) Statement of relief sought. A statement of the relief sought by the owner.
(Ord. 10.050, passed 1-11-2005)