Private property owners should be treated fairly and should not be unconstitutionally deprived of real property interests without just compensation. This chapter shall be construed to provide for the objective and fair review of claims by persons asserting deprivation of vested real property rights or interests, without just compensation. Nothing contained in this chapter shall be construed to limit the ability of the city to lawfully fulfill its duties and functions. (Ord. 1-95 § 1, 1995)
Any owner of private real property or a real property right who claims there has been an unconstitutional taking of their property, without just compensation, shall petition for a review of a final decision of any city officer, employee, board, commission, or the council. Consistent with the separation of powers which is integral to the city's form of government, the council designates the mayor to hear and consider such petitions. The mayor may delegate such responsibility to another individual. (Ord. 1-95 § 1, 1995)
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. Applicant Information Submittal:
1. Initial Filing Information: 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 unconstitutional taking, without just compensation;
d. A legal description of the property allegedly taken and a detailed description of the nature of the property; and
e. A description of the protectable property interest claimed to be affected.
2. Supplemental Information: If the mayor, or the mayor's designee, determines that there may be an unconstitutional taking, and additional information is needed, the mayor, or the mayor's designee, may further require the following to be submitted:
a. The evidence and documentation as to the value of the property interest claimed taken, including the date and cost at the date the property was acquired. This material should include any evidence of the value of that same property before and after the alleged unconstitutional 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;
b. The terms, including sale price, of any previous purchase or sale of a full or partial interest in the property during the three (3) years prior to the date of application;
c. All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three (3) years prior to the date of application;
d. The assessed value of and ad valorem taxes on the property for the previous three (3) years;
e. All information concerning current mortgages or other loans secured by the property, including the name of the mortgages or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including, but not limited to, the right of purchasers to assume the loan;
f. All listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years;
g. 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;
h. For income producing property, itemized income and expense statements from the property for the previous three (3) years;
i. Information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and
j. The mayor, or the mayor's designee, may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning the nature of and the value of the alleged unconstitutional taking. (Ord. 1-95 § 1, 1995)
The mayor, or the mayor's designee, shall review the facts and information presented by the petitioner and determine if the action by the city constitutes an unconstitutional taking. In doing so, the city attorney's office shall serve as legal counsel and shall be consulted. The mayor, or the mayor's designee shall review the facts in light of the applicable state and federal constitutional law. (Ord. 1-95 § 1, 1995)
If the mayor, or the mayor's designee, fails to hear and decide the petition within fourteen (14) days after the filing of the petition, the administrative decision of the city officer, employee, board, commission or the council shall be deemed approved; provided, however, the mayor, or the mayor's designee, may extend the time to reach a decision, not exceeding an additional one hundred twenty (120) days following the receipt of the information required pursuant to this chapter, if prior to the expiration of the fourteen (14) day period, the mayor, or the mayor's designee notifies the petitioner, in writing, of such extension. (Ord. 1-95 § 1, 1995)
After completing the review, the mayor, or the mayor's designee, shall make a determination regarding the petition and, if determined to be necessary and appropriate, make a recommendation to council or the appropriate officer, employee, board or commission.
After completing the review, the mayor, or the mayor's designee, shall make a determination regarding the petition and, if determined to be necessary and appropriate, make a recommendation to council or the appropriate officer, employee, board or commission. (Ord. 1-95 § 1, 1995)
The guidelines adopted and decisions rendered pursuant to the provisions of this chapter are advisory, and shall not be construed to expand or limit the scope of the city's liability for an unconstitutional taking of a vested property interest. The decision rendered pursuant to the provisions of this chapter is not admissible in court for any purpose other than to demonstrate that the petitioner has exhausted the requisite administrative remedies, and in no event shall any recommended compensation be admissible into evidence. (Ord. 1-95 § 1, 1995)