(A) Upon conclusion of the public hearing, and prior to the expiration of 180 days from the date the claim was deemed complete, the City Council shall:
(1) Deny the demand based on, but not limited to, any one or more of the following findings and conclusions:
(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 this chapter;
(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; or
(i) The owner is not entitled to compensation under this chapter, for a reason other than those provided herein.
(2) Adopt a resolution with findings therein that supports a determination that the claim is valid, and determines the appropriate remedy for the claim. The City Council may direct that the claimant be compensated in an amount set forth in the resolution for the reduction in value of the property as provided for herein, or the City Council may direct the removal or modification to the challenged land use regulation as it relates to the subject property.
(B) The City Council’s decision as to the validity of the claim shall be based on the provisions of Ballot Measure 37 and as implemented through this chapter.
(C) The City Council’s decision as to the remedy to provide in the event of a valid claim being established shall be based on whether the public interest would be better served by compensating the owner or by removing or modifying the challenged land use regulation with respect to the subject property; the availability of funds; the request of the claimant; testimony and evidence presented during the public hearing; and the recommendation of the City Recorder.
(D) If the City Council removes or modifies the challenged land use regulation, it may, at its discretion, put back into effect with respect to the subject property, all of the land use regulations in effect at the time the claimant acquired the property.
(E) The City Council shall have the right to condition any grant of waiver or modification of land use regulations for any purpose which protects the health, safety, and welfare of the public. Any condition so imposed must be clear and concise and related directly to the claim and the use being proposed therein. Failure to comply with any condition of approval is grounds for revocation of the approval of the claim, grounds for recovering any compensation paid and grounds for revocation of any other action taken under this chapter. All conditions, time limits, or other restrictions imposed with approval of a claim will bind all subsequent owners of the subject property.
(F) A decision by the City Council to remove or modify a land use regulation shall result in the proposed use allowed by the waiver or modification being thereafter considered a non-conforming use under Oregon Revised Statutes, Oregon Administrative Rules and the city’s Development Code. Upon grant of waiver or modification, the claimant shall cause notice thereof by way of a “license” form provided by the city, to be recorded in the deed records of the subject property so that all future owners thereof are put on notice of the non-conforming use status of the development on the subject property.
(G) Any waiver or modification of land use regulations granted pursuant to this chapter shall be exercised within six years of the grant of waiver or modification. Any waiver or modification not exercised within six is automatically terminated and of no further force and effect.
(H) No waiver or modification of land use regulations granted pursuant to this chapter shall be transferred to any third party. Any transfer of the rights granted pursuant to this chapter to a third party shall result in the automatic termination of the waiver or modification grant.
(Ord. 601, passed 12-13-2004)