(A) (1) 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.
(2) The claim shall be filed with the City Recorder’s office.
(B) A claim shall include:
(1) A completed claim form in the form adopted by resolution of the City Council from time-to-time, duly sworn to or affirmed under penalty of perjury by each claimant; and to the extent not included therein or attached thereto;
(2) (a) The name(s), address(es) and telephone number(s) of all owners, of the real property and any interest in the real properly, including lien holders, trustees, renters, tenants, lessees;
(b) A description of the interest of each owner;
(c) The date each owner acquired their interest in the real property; and
(d) The date the first family member of each owner acquired their interest in the real property and a description of the interest of each such family member.
(3) The address, tax lot and legal description of the real property.
(4) (a) A title report issued by a title insurer no more than 30 days prior to the submission of the claim to the City Recorder, that reflects the ownership and other recorded interests in the real property;
(b) Recorded documentation (such as a copy of a recorded deed) and any unrecorded documentation (such as any unrecorded lease) reflecting when the owner acquired the ownership of the owners recorded or unrecorded interests in the real property by the owner; and
(c) Any recorded documentation (such as a copy of a recorded deed) and any unrecorded documentation (such as any unrecorded lease) reflecting when the date the first family member of each owner acquired their interest in the property.
(5) The citation and text of the land use regulations that allegedly restricts the use of the real property and allegedly causes a reduction in the fair market value of the real property; with the specific portion of the land use regulation which allegedly has such effect legibly underscored with black ink;
(6) The amount of the claim, based on the alleged reduction in value of the real property supported by a current appraisal addressed to the owner and the city - an appraiser licensed by the Appraiser Certification and Licensure Board of the state, with substantial experience appraising real property similar in classification (such as residential, commercial or agricultural) to the real property; and
(7) Copies of all encumbrances affecting the real property, including, without limitation intended and by way of example only, all leases, easements, declarations, reservations, covenants, conditions and restrictions.
(C) A fee in an amount established by resolution of the City Council to cover the costs and expenses reasonably anticipated to be incurred by the city in the consideration of a claim, including mailing and publication of a notice of a public hearing on the claim by the City Council.
(D) Notwithstanding a claimant’s failure to provide all of the documents and information required by division (B) above, for good cause shown by the claimant, the city may, but shall not be obligated to, review and act on a claim provided and then only to the extent, the information and documents submitted to the city demonstrate a claimant has a clear right to relief under this subchapter and Measure 37.
(Ord. 2004-09, passed 12-14-2004)