1-10-5: DEMAND REVIEW PROCESS:
   A.   Manager Report To Council: The city manager shall assess any demand for compensation and make a recommendation to the city council on the disposition of the demand.
   B.   Mailing Notice To Property Owners, Others: The city manager shall mail notice of the demand to the owner and to all owners of record of property, and to all owners of property within three hundred feet (300') of the property that is subject of the notice, as listed on the most recent property tax assessment roll where such property is located. Additional mailed notice shall be sent to the Oregon department of land conservation and development, Oregon department of justice, and such others as the city may designate by council resolution.
   C.   Contents Of Notice: The city manager's notice under subsection B of this section shall:
      1.   State the basis of the demand, the amount of the compensation sought and the regulation that causes the compensation to be alleged to be due;
      2.   Identify the property by the street address or other easily understood geographical reference;
      3.   State that persons noticed may provide written comments on the demand, and provide the date written comments are due or, if a hearing has been requested, the date, time and location of the hearing. Include a general explanation of the requirements for submission of written comments or, if a hearing is to be held, the requirements for submission of testimony and evidence and the procedure for conduct of hearings;
      4.   Identify the city representative and telephone number to contact to obtain additional information; and
      5.   State that a copy of the demand and the supporting documents submitted by the owner are available for inspection at no cost, and that copies will be provided at reasonable cost.
   D.   Recommendation By Manager: Before the city manager may make a recommendation on the demand, the manager shall provide notice of the demand in accordance with the provisions of subsections B and C of this section.
   E.   Written Comments To Manager; Time Limit: Written comments regarding a demand may be submitted to the city manager. Any such comments must be received by the manager within fourteen (14) days from the date identified in subsection C3 of this section. The owner shall have an additional seven (7) days after the deadline set in subsection C3 of this section to respond to any written comments received by the manager. It is the duty of the owner to determine if comments have been received by the manager.
   F.   Persons Requesting Hearing: The city manager shall hold a public hearing on the demand if requested by:
      1.   The applicant in the initial written demand; or
      2.   Another person entitled to notice under subsection B of this section; provided, that person makes the request within seven (7) days from the date provided under subsection C3 of this section.
If the owner requests a hearing, the initial notice under subsections B and C of this section shall provide the date, time and location of the hearing. If a hearing is requested by other persons entitled to notice, a new notice by the manager shall be issued to the remaining persons entitled to notice giving the date, time and location of the hearing.
   G.   Requirements For Hearing: If a hearing is conducted:
      1.   All documents or evidence relied upon by the owner shall be submitted to the manager as a part of the demand. Persons other than the owner may submit documents or evidence at the hearing.
      2.   Any staff report used at the hearing shall be available at least seven (7) days prior to the hearing.
      3.   When the manager reopens a record to admit new evidence or testimony, any person may raise new issues that relate to the new evidence, testimony or criteria for decision making that apply to the matter at issue.
      4.   The failure of a person entitled to receive notice as provided in this section shall not invalidate such proceedings if the city can demonstrate by affidavit that such notice was given. The notice provisions of this section shall not restrict the giving of notice by other means, including posting, newspaper publication, radio and television.
   H.   Manager's Recommendation And Decision: The city manager shall make a recommendation, applying the standards of Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, to the city council based on all of the information presented. Should compensation be recommended by the manager, the recommendation to the city council may include establishing any relevant conditions for compensation. The manager will consider the city council criteria for decision and may recommend the city council take any of the actions set forth in subsection K of this section.
   I.   Retain Services Of Appraiser: The city manager may, in the manager's discretion, retain the services of an appraiser to appraise the property and evaluate the demand to assist in determining the validity of a demand.
   J.   Time Limit For Manager's Recommendation; Review By Council:
      1.   Within twenty one (21) days from the date of the close of the period for written comments or the conclusion of the hearing, if one is requested, the manager shall make a recommendation to the city council as to whether compensation shall be paid, the amount of compensation to be paid, and/or whether any specific land use regulation should be modified, removed or not applied to the property.
      2.   A copy of the manager's recommendation and notice of the date, time, and place of the city council meeting at which the recommendation will be reviewed shall be sent by mail to the owner, and to all individuals that provided written comments and/or participated in the manager's hearing, not less than seven (7) days before the scheduled city council meeting, provided a mailing address was previously provided to the manager as part of the review or hearing process.
   K.   Review Of Manager's Recommendation And Decision On Demand By Council: Review by the city council shall be on the record of the manager's review or hearing, and limited to the completed demand filed with the manager, together with any and all documents and testimony submitted in connection with any review or hearing before the manager. Any staff report by the manager used at the city council review shall be available at least four (4) days prior to the city council meeting. The city council shall consider written and/or oral arguments based on the record of the manager's review or hearing made by the owner, and any party entitled to receive notice of the city council review. In making its decision, the city council will consider the standards of Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004; the benefit(s) accruing to the public arising as a result of application of the regulation; and the burden to the public in paying compensation to the owner(s), taking into consideration the available financial resources of the city. The city council may take, but is not limited to taking, any one or more of the following actions on a demand:
      1.   Deny the demand based on, but not limited to, any one or more of the following findings:
         a.   The land use regulation does not restrict the use of the private real property;
         b.   The fair market value of the property is not reduced by the enactment, enforcement or application of the land use regulation;
         c.   The demand was not timely filed;
         d.   The owner failed to comply with the requirements for making a demand as set forth in this chapter;
         e.   The owner is not the present property owner, or the property was not owned by a family member if that is required for compensation, or was not the property owner at the time the land use regulation was enacted, enforced or applied;
         f.   The land use regulation is an exempt regulation as defined in Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004;
         g.   The land use regulation in question is not an enactment of the city;
         h.   The city has not taken final action to enact, enforce or apply the land use regulation to the property;
         i.   The owner is not entitled to compensation under Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, for a reason other than those provided herein.
      2.   Award compensation, either in the amount requested, or in some other amount supported by the evidence in the record, subject to the availability and appropriation of funds for that purpose.
      3.   Modify the regulation.
      4.   Remove the regulation.
      5.   Not apply the regulation.
      6.   Take such other actions as the city council deems appropriate consistent with Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004.
   L.   Burden Of Proof:
      1.   The owner shall bear the burden of proof relating to the demand and entitlement to just compensation.
      2.   The city shall bear the burden of proof to show that the regulation is exempt under Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004.
      3.   The standard of proof shall be by a preponderance of the evidence.
   M.   Interpretation: This chapter shall be interpreted in a manner consistent with Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, and other implementing statutes or regulations and as interpreted by Oregon appellate courts.
   N.   Final Decision By Council:
      1.   The final decision on a demand shall be made by the city council. After review, the city council shall, under the standards of Oregon Revised Statutes 197, as amended by ballot measure 37, passed November 2, 2004, and the factors enumerated in subsection K of this section, determine whether compensation is granted, the amount of compensation, if any, whether any exceptions to the requirement for compensation apply or whether the regulation should be modified, removed or deemed not to apply to the property.
      2.   A copy of the city council decision shall be sent by mail to the owner and to each individual or entity that participated in the city manager or city council review process, provided a mailing address was provided to the city as part of the review process. (Ord. 606-04, 11-11-2004, eff. 12-2-2004)