(A) A person seeking to file a claim under this chapter must be the present owner of the property that is the subject of the claim at the time the claim is submitted. The claim shall be filed with the City Recorder’s office, or as designated by the City Recorder.
(B) A claim shall include a completed claim form, which will be provided by the city, together with the following additional information:
(1) The name(s), address(es), and telephone number(s) of all owners, and anyone with any interest in the property, including lien holders, trustees, renters, lessees, or easement holders, and a description of the ownership interest of each;
(2) The address, tax lot, and legal description of the real property that is the subject of the claim, together with a title report issued by a title company no more than 30 days prior to the submission of the claim that reflects the ownership interest in the property, or other documentation reflecting sole ownership of the property by the claimant, and the date the property was acquired by the present owner;
(3) The specific current land use regulation(s) that claimant alleges restricts the use of the real property and allegedly causes a reduction in the fair market value of the subject property;
(4) The claimant shall specify the remedy sought. The claimant may specify alternative remedies. In the event the claimant is seeking just compensation, the amount of the claim, based on the alleged reduction in value of the real property shall be supported by an appraisal by an appraiser licensed by the state establishing the reduction in the fair market value of the property as of the date of the claim;
(5) Copies of any leases or covenants, conditions, and restrictions (CCRs) applicable to the real property, if any, that impose restrictions on the use of the property, or which would affect its valuation;
(6) Identification of the particular use that is proposed for the real property and proof that the requested use was allowed as proposed at the time the owner acquired the real property. Where necessary, the city may require a site plan, elevation drawings, or other detailed description of the proposed use in order to determine the validity of the claim;
(7) State that any and all claims under this chapter are included in this claim, or that if overlapping claims for the same property with other governmental entities (such as the county or state) exist, that they are being filed with the appropriate entity contemporaneously with the claim filed with the city. Where there are more than one claim filed on a single tract of land, the city shall have the right to consolidate those claims for determination;
(8) Evidence the city has enforced current land use regulations against claimant’s real property in such a way as to restrict the use of that real property with the effect of reducing the fair market value of that real property. In the determination of fair market value, market conditions shall be taken into account, and shall be valued as of the date of acquisition by the present owner thereof. A claim shall be considered ripe for submission when a claimant produces evidence of a land use decision that denies or conditions an approval for a use on the subject property, or citation or denial of building permit or other approval that meets the test of this chapter for validity of a claim. The simple existence of a current land use regulation, without some affirmative enforcement thereof by the city, is not sufficient to satisfy this application requirement;
(9) A list of names of property owners, certified by either a title company or the County Assessor, or all current owners of record of all properties that lie within 300 feet of the perimeter boundary of the real property subject to the claim;
(10) A narrative statement from the claimant or designee which provides information about the history of the property and its ownership as well as explanation and justification for why the claim is valid, and stating precisely what remedy is being requested from the city. The narrative should include as much detail as possible about the use that is proposed, which is restricted and devalued by present land use regulations;
(11) A list of any and all overlay or special chapters (such as landslide hazards, floodplain, wetlands, and the like) that apply to the subject property, as well as any special designations that may apply to the subject property (such as downtown, historic district, LID, and the like);
(12) Copies of any prior land use decisions or land use or building permits issued for or relating to the subject property;
(13) Signatures of all owners or those claiming ownership in the real property over which the claim is being made; and
(14) A deposit for costs in the amount of that shall be determined by the City Council, or such other amount determined by the City Recorder, and which is administered, billed, and collected as provided for in this chapter.
(C) No period of time relative to the filing of a claim shall be considered to have accrued until such time as the city has reviewed the claim and submission requirements and deemed them to have been complete. Notwithstanding a claimant’s failure to provide all of the information required herein, the city may review and act on a claim that has not been deemed complete if it appears to the city in its sole discretion that no further information will be provided.
(D) The burden of proof of the validity of a claim lies with the claimant. The burden of presenting sufficient evidence for which the city can legitimately apply the provisions of this chapter also lies with the claimant.
(Ord. 601, passed 12-13-2004)