(A) Upon conclusion of the public hearing, and prior to the expiration of 180 days from the date the claim was filed, the City Council shall:
(1) Determine that the claim is a valid claim and remove or modify the challenged land use regulation(s) with respect to the subject property;
(2) Determine that the claim is a valid claim and compensation is due to the claimant in an amount set forth in the Council’s resolution;
(3) Determine that the claim is a valid claim and that the city should acquire the property; or
(4) Deny the claim.
(B) The City Council’s decision to waive or modify a land use regulation or to compensate the owner shall be based on whether the City Council determines the public interest would be better served by compensating the owner or by removing or modifying the challenged land use regulation with respect to the subject property.
(C) If the City Council removes or modifies the challenged land use regulation, it may, at its discretion, put back into effect with respect to the subject property, all of the land use regulations in effect at the time the claimant acquired the property.
(D) A decision by the City Council to remove or modify a land use regulation shall be personal to the claimant(s) and shall automatically become invalid and void upon the transfer of any ownership interest in the subject property by the claimant to anyone other than a family member. Following the voiding of the decision because of a transfer, any use of the property must be consistent with all regulations in effect at the time of transfer, or thereafter amended. Should a development or use not be consistent with such regulations, then the use may be declared a public nuisance and abated as provided under city law. If the City Council adopts a resolution under divisions (B)(1) or (B)(2) above, the City Recorder shall record on the property a copy of the resolution with county records.
(Ord. 269, passed 11-22-2004)