A. Form, Completeness, Completeness Review, Extension And Tolling:
1. A demand shall only be submitted and accepted for review upon forms established by the city manager. A demand shall consist of all materials required by this chapter. A demand will not be accepted until found to be complete by the manager after all materials required by this chapter have been submitted.
2. The city manager shall conduct a completeness review within fifteen (15) days after submittal of the demand and shall advise the owner, in writing, of any material remaining to be submitted. The owner shall submit the material needed for completeness within thirty (30) days of the written notice that additional material remains to be submitted. If the owner fails to provide the materials necessary to make the demand complete within the thirty (30) day period, the demand shall not be accepted for filing.
3. The one hundred eighty (180) day period required to pass prior to any cause of action being available to owner in circuit court specified in Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, shall only commence on the date the manager deems the demand complete, and accepts it for filing. The manager shall note the date of completeness and filing, in writing, upon the demand.
4. The owner may request an extension for filing a complete demand. A request for an extension or continuance shall be deemed a waiver of the commencement of the one hundred eighty (180) day period required to pass prior to any cause of action being available to the owner in circuit court specified in Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, and this chapter.
B. Information And Other Matters Required To Be Submitted As Part Of Demand: A demand shall be for a single property and shall be submitted on forms established by the city manager, and shall consist of all materials required by this chapter. A demand will not be accepted for filing without all of the following:
1. Fee: An application fee to be paid in advance of acceptance for filing to cover the costs of completeness review and demand processing. This fee shall be established by council resolution. The demand processing fee shall be refunded if the city or an appellate body determines that just compensation should be paid.
2. Form: A completed demand form.
3. Identification Of Owner: Identification of the name, physical address, street address, and phone number of the owner. If the applicant is not the owner, this information must also be provided for the owner and authorization to act on behalf of the owner must be provided.
4. Property Description: A legal description of the property as well as a common address for the property.
5. Proof Of Present Property Ownership: Proof, acceptable to the city manager, that the property is in the exclusive fee simple ownership of the owner or that the owner has the consent of all owners in the property. The name and mailing address of all owners other than the owner making the demand must be provided.
6. Nearby Property Owner Information: The names and addresses of all owners of property within three hundred feet (300') of the property.
7. Listing Of Nearby Owned Property: Identification of any other property owned by the owner within three hundred feet (300') of the boundary of the property.
8. Title Report: A title report, including the title history, a statement of the date the owner acquired ownership of the property, and the ownership interests of all owners. The title report must also specify any restrictions on use of the property unrelated to the land use regulation, including, but not limited to, any restrictions established by covenants, conditions and restrictions (CC&Rs), other private restrictions, or other regulations, restrictions or contracts.
9. Copy Of Existing Regulation: A copy of the land use regulation that the owner making the demand claims restricts the use of the property, or interest therein, that has had the effect of reducing the fair market value of the property, including the date the owner claims the land use regulation was first enacted, enforced or applied to the property.
10. Copy Of Prior Regulations: A copy of the land use regulation in existence, and applicable to the property, when the owner became the owner of the property, and a copy of the land use regulation in existence immediately before the regulation that was enacted or enforced or applied to the property, that the owner claims restricts the use of the property and, the owner claims, caused a reduction in fair market value due to the regulation described in subsection B9 of this section being more restrictive.
11. Appraisals: A copy of a written appraisal or appraisals by an appraiser, qualified as such in the state of Oregon, indicating the amount of the alleged reduction in the fair market value of the property by showing the difference in the fair market value of the property before, and after enactment, enforcement or application of the land use regulation described in subsection B9 of this section, and explaining the rationale and factors leading to that conclusion. If the demand is for more than ten thousand dollars ($10,000.00), copies of two (2) appraisals by different appraisers must be included. If the demand is for ten thousand dollars ($10,000.00) or less, one appraisal must be provided.
12. Narrative: The owner shall provide a narrative describing the history of the owner and/or family member's ownership in the property, the history of the relevant land use regulations applicable to the demand, and how the enactment, enforcement or application of the land use regulation restricts the use of the property, or any interest therein, and has the effect of reducing the fair market value of the property, or any interest therein.
13. Statement Regarding Exceptions: A statement by the owner making the demand of why the following exceptions to the requirement for compensation for restrictions or prohibitions on activities or uses found in Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, do not apply:
a. Commonly and historically recognized public nuisances under common law;
b. Protection of public health and safety;
c. Regulations required to comply with federal law;
d. Use of property for the purpose of selling pornography or performing nude dancing; or
e. The subject land use regulation was enacted prior to the date of the acquisition of the property by the owner, or prior to acquisition by a family member of the owner who owned the subject property prior to the acquisition or inheritance by the owner (if "family member" status is claimed, it must also be addressed in the title report required by subsection B8 of this section).
14. Statement Of Owner's Understanding Of Effect Of Any Modification, Removal Or Nonapplication Of Land Use Regulation: A statement by the owner explaining their understanding of what effect a modification, removal or nonapplication of the land use regulation would have on the potential development of the property, stating the greatest degree of development that the owner believes would be permitted on the property if the identified land use regulation were modified, removed or not applied.
15. Copies Of Prior Permit Applications And Description Of Enforcement And/Or Application Actions By City: Copies of any land use actions, development applications or other relevant applications for permits that have previously been filed in connection with the property and the action taken. Any such actions that represent the required "enforcement" and/or "application" of the land use regulation that are prerequisites to making a demand must be described and identified as such.
16. Site Plan And Drawings: A copy of the site plan and drawings related to the expected use of the property should the land use regulation be modified, removed or not applied in a readable/legible eight and one-half inch by eleven inch (81/2" x 11") format.
17. Statement Of Relief Sought: A statement of the relief sought by the owner. (Ord. 606-04, 11-11-2004, eff. 12-2-2004)