The following procedures for review of a final decision shall be followed:
A. Final Decision: The person petitioning for review shall obtain a final decision before requesting review.
B. Petition For Review: Within thirty (30) days from the date of the final decision, the person requesting the review shall file, in the office of the city recorder, a written petition for review of that decision. A copy shall also be filed with the city attorney.
C. Hearing Date: The mayor, or the mayor's designee, shall set a time to review the decision that gave rise to the petition as soon as reasonably practical. The mayor, or the mayor's designee, shall hear and consider the evidence related to and submitted by the petitioner, the city or other interested parties. In the discretion of the mayor, or the mayor's designee, the hearing may be oral or based upon written submittals.
D. Petitioner Information Submittal:
1. In addition to the petition for review, the petitioner shall submit within seven (7) days prior to the date of the review, the following:
a. The name of the petitioner requesting review;
b. The name and business address of the current owner of the property; the form of ownership, i.e., whether sole proprietorship, for profit or not for profit corporation, partnership, joint venture or other; and if owned by other than a real person, the name and address of all partners or shareholders owning ten percent (10%) or more of the outstanding shares;
c. A detailed description of the factual and legal grounds for the claim that there has been an constitutional taking, without just compensation;
d. A detailed description of the property allegedly taken;
e. Evidence and documentation as to the value of the property allegedly taken, including the date and cost at the date the property was acquired. This should include any evidence of the value of that same property before and after the alleged constitutional taking, the name of the party from whom purchased, including the relationship, if any, between the person requesting a review and the party from whom the property was acquired;
f. Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;
g. Terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three (3) years prior to the date of application;
h. The assessed value of and ad valorem taxes on the property for the previous three (3) years;
i. All information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including, but not limited to, right of purchasers to assume the loan;
j. All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years;
k. All studies commissioned by the petitioner or agents of the petitioner within the previous three (3) years concerning feasibility of development or utilization of the property;
l. For income producing property, itemized income and expense statements from the property for the previous three (3) years;
m. Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and
n. The mayor, or the mayor's designee, may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a constitutional taking.
2. A petition shall not be deemed to be "complete" or "submitted" until the mayor, or the mayor's designee, certifies to the petitioner, that all the materials and information required above, have been received by the city. The mayor, or the mayor's designee, shall promptly notify the petitioner of any incomplete submissions. If the petitioner establishes to the satisfaction of the mayor, or the mayor's designee, that the required materials or information is either inapplicable or unnecessary for an adequate review, the submission of such materials or information may be waived by the mayor, or the mayor's designee.
(Ord. 2003-11, 2-18-2003)