In deciding the claim, the City Council may take any of the following actions:
(A) Deny the claim based on any one or more of the following findings:
(1) The regulation does not restrict the use of the private real property;
(2) The fair market value of the property is not reduced by the passage or enforcement of the regulation;
(3) The claim was not timely filed under the provisions of Measure 49;
(4) The claimant is not the current property owner;
(5) The claimant or family member of claimant was not the property owner at the time the regulation was adopted;
(6) The regulation is an exempt regulation;
(7) The regulation regulates pornography or nude dancing;
(8) The regulation is required by federal law;
(9) The regulation protects public health and safety;
(10) The city is not the entity responsible for payment. The city is not responsible if the challenged law, rule, ordinance, goal or other enactment was not enacted by the city;
(11) The city has not taken final action to enforce or apply the regulation to the property for which compensation is claimed; and
(12) The claimant is not legally entitled to compensation for a reason other than those listed in divisions (A)(1) through (A)(10) above. The basis for this finding must be clearly explained.
(B) Pay compensation, either in the amount requested or in some other amount supported by the evidence. If the city pays compensation, the city shall continue to apply and enforce the regulation. Any compensation shall be paid from funds appropriated for that purpose;
(C) Waive or not apply the regulation to allow the owner to use the property for a use permitted at the time the claimant acquired the property. Such waiver shall apply only to the current owner of the property unless the City Council provides otherwise;
(D) Modify the regulation so that it does not give rise to a claim for compensation. Any such modification shall be as to the property only unless the city follows the procedure for a legislative land use decision and the regulation is not required by state law (see Attorney General’s opinion);
(E) Conditionally waive or suspend the regulation subject to receipt of a defined amount of contributions toward compensation by a specified date from persons opposed to the waiver or suspension, such as persons who believe they would be negatively affected by waiver or suspension, with the waiver or suspension being granted if the defined amount of contributions is not received by the specified date. If the contributions are received, compensation shall be paid within 180 days of the date the written demand for compensation was filed. The specified date shall allow the city time to process the contributions and pay compensation; and
(F) (1) The City Council may take other actions it deems appropriate in individual circumstances, may modify the listed actions and/or may combine the listed actions, consistent with Measure 49. The City Council may negotiate an acceptable solution with the claimant or may direct staff to negotiate with the claimant.
(2) In the event that the City Council directs staff to negotiate, the Council shall set the matter for further action no less than 175 days from the date of the notice of claim became complete. If the City Council directs staff to negotiate, it may delegate authority to staff.
(3) The Council shall take final action within 180 days of the written demand for compensation. The city shall take actions described in divisions (B) through (E) above only if it determines the claim is valid.
(Prior Code, § 35.08) (Ord. 398, passed 4-11-2005)