(A) The City Planner will conduct a completeness review within 15 days after submittal of the claim and will advise the owner in writing of any material remaining to be submitted. The owner must submit the material needed for completeness within 30 days of the written notice that additional material is required. If the owner fails to provide the additional materials within the 30-day period, the claim will not be accepted for filing.
(1) The 180-day period required before accrual of a cause of action for compensation in circuit court under Ballot Measure 37 begins on the date the City Planner deems the claim complete, and accepts it for filing. The City Planner will mark the date of completeness and filing on the claim form and provide a copy to the claimant.
(2) The owner may request an extension for filing a complete claim. A request for an extension or continuance will be deemed a waiver of the beginning of the 180-day period required before accrual of a cause of action for compensation.
(B) The City Planner, or City Attorney in consultation with the Mayor will assess any claim for compensation and make a recommendation to the city council on the disposition of the claim. The recommendation will state that the claim be:
(1) Denied;
(2) Investigated further;
(3) Declared valid, in which case the recommendation will further state whether the land use regulation at issue should be removed, waived or modified, or that the claimant should be compensated; or
(4) Evaluated in another manner not inconsistent with this section or Ballot Measure 37, including possible City condemnation of the property.
(C) The City Council will conduct a public hearing before taking final action on a recommendation from the City Planner and City Attorney in consultation with the Mayor.
(D) Notice of the public hearing will be provided to the claimant and to all record owners of the subject property, and to all owners of property within 300 feet of the subject property. Additional notice may be sent to the Oregon Department of Land Conservation and Development, and such others as the city may designate.
(E) The notice will state the date, time and location of the hearing and will be sent no later than 10 days before the hearing. The notice will describe the hearing process, and will state how evidence may be submitted.
(F) After the conclusion of the public hearing, and no later than 180 days from the date the claim was filed, the city council will:
(1) Determine that the claim does not meet the requirements of this section and Ballot Measure 37, and deny the claim; or
(2) Adopt an order with appropriate findings that supports a determination that the claim is valid and directs that the claimant be compensated in an amount set forth in the order, or remove, waive or modify the challenged land use regulation as applied to the subject property.
(G) The City Council's decision to remove, waive or modify a land use regulation or to compensate the claimant will be based on whether the public interest would be better served by compensating the owner, or by removing, waiving or modifying a land use regulation with respect to the subject property; or any other factors deemed relevant by the City Council.
(H) If the City Council removes, waives or modifies a land use regulation, it may apply the land use regulations in effect at the time the claimant acquired the property.
(I) The owner will bear the burden of proof relating to the claim, the devaluation of the owner's property and the owner's entitlement to just compensation. The standard of proof will be by a preponderance of the evidence.
(J) A copy of the City Council order will be sent by mail to the owner and to each individual or entity that participated in the City Council review process if the city was provided with a mailing address.
(K) The City Council may establish-by resolution additional procedures related to the processing of Ballot Measure 37 claims.
(Ord. 10.050, passed 1-11-2005)