(A) Filing of claim. All claims for diminution in value pursuant to A.R.S. § 12-1134 shall be filed with the Town Clerk on a form prescribed by the town.
(B) Review. After a claim is filed, town staff shall review the claim to determine whether the enactment or application of a land use law has diminished the value of the claimant’s property. A certified land appraiser, economist, or other qualified expert may be consulted to determine the amount of the diminishment of value, if any.
(C) Staff recommendation. The Community Development Director shall prepare a recommendation to the Town Council to deny the claim, pay compensation for diminishment in value or rescind or modify the land use regulation.
(D) Town Council determination. Within 90 days of the filing of the claim, Town Council shall make a determination whether to deny the claim, pay compensation, modify or rescind the land use law or its application to the claimant’s property. The Town Council’s determination shall be made in writing and a copy shall be provided to the claimant. Any rescission or modification of the application of a land use law to an individual property shall be recorded against the property in the office of the Pinal County Recorder.
(E) Satisfaction of notice of claims requirements. Filing a claim pursuant to this section shall be deemed to satisfy the requirements set forth in A.R.S. 12-821.01 for filing an administrative claim against the town.
(Ord. 689-20, passed 4-6-2020)