Chapter 2.07
REGULATORY CLAIMS PROCEDURE

Sections:

2.07.001    Short Title.

2.07.005    Purpose and Applicability.

2.07.010    Definitions.

2.07.012    Pre-Application Conference.

2.07.015    Application.

2.07.020    Notice of Application for Claim.

2.07.025    Review of Application.

2.07.030    City Council Hearing.

2.07.035    Burden of Proof.

2.07.040    Standards for Interpretation.

2.07.045    Waiving Enforcement of City Regulation.

2.07.050    Payment of Claim.

2.07.055    Record.

2.07.060    Conditions Related to Future Court Decisions.

2.07.065    No Reapplication.

2.07.070    Validity of City Council Action.

2.07.075    Measure 37 Claims.

2.07.001 Short Title.

BC 2.07.001 through 2.07.075 shall be known and may be cited as the “Regulatory Claims Procedure Ordinance” and may also be referred to herein as “this chapter.” [BC 2.07.001, added by Ordinance No. 4472, 2/25/08]

2.07.005 Purpose and Applicability.

A. The purpose of this chapter is to:

1. Establish a process whereby claims under Oregon Revised Statute, Chapter 197 (November 6, 2007, amendment, hereafter “Measure 49”) may be properly submitted by claimants and evaluated by the City quickly, openly, thoroughly and consistently with the Oregon and U.S. Constitution;

2. Enable persons with legitimate claims an adequate and fair opportunity to present such claims to the City, while preserving and protecting limited public funds;

3. Authorize, where appropriate, limitations on the applicability of City regulations, which are shown to cause a significant reduction in property value;

4. Provide a record of decision capable of judicial review.

B. It is not the purpose of this chapter to amend, repeal or enforce the Comprehensive Plan, Development Code, statewide land use plan or any other land use statute, regulation or policy. [BC 2.07.005, added by Ordinance No. 4472, 2/25/08]

2.07.010 Definitions.

As used in this chapter, the following mean:

Appraisal – An examination of and opinion about the fair market value of real property prepared by a person certifed under ORS Chapter 674 or a person registered under ORS Chapter 308.

Claimant or Applicant – The property owner for which a claim is made pursuant to this chapter.

Community Development Director or Director – The person designated by the Mayor as Community Development Director or such other person or persons as authorized to act in that capacity.

Enforcement – A land use regulation is enforced only after a property owner makes an application for a land use and a final decision is made by the City under the Beaverton Development Code. A land use regulation will also be “enforced” if a citation is issued to the property owner for a violation of the Beaverton Development Code. The denial of a site development permit is not the enforcement of a land use regulation.

Exempt Regulation – A regulation restricting or prohibiting activities commonly and historically recognized as public nuisances under common law; a regulation restricting or prohibiting activities for the protection of public health and safety; a regulation to implement a requirement of federal law to the extent required; a regulation enacted prior to the date of acquisition of the property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first; or a regulation that prohibits selling pornography or performing nude dancing.

Fair Market Value – The price stated in terms of dollars that a willing buyer would pay for the property without any obligation to buy from a willing seller without any obligation to sell. “Reduction in fair market value” means the difference in the fair market value of the property one year before and one year after enactment of the regulation.

Federal Requirement – Any statute, code or regulation adopted by the U.S. Congress or any federal agency or state agency delegated to act in the name of a federal agency, which imposes upon the states or local governments or both an obligation to enact or enforce regulations over the use of real property.

Land Use Regulation – Shall include:

1. Any statute regulating the use of land or any interest therein;

2. Administrative rules and goals of the Land Conservation and Development Commission;

3. Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances;

4. Metropolitan service district regional framework plans, functional plans, planning goals and objectives; and

5. Statutes and administrative rules regulating farming and forest practices.

Measure 37 – The amendment to Oregon Revised Statute 197, as approved by the Oregon electorate on November 2, 2004.

Measure 49 – The amendment to Oregon Revised Statute 197, as approved by the Oregon electorate on November 6, 2007, which supersedes Measure 37.

Nuisance – Any act, omission, structure or condition on property, which unreasonably interferes with a right common to members of the general public and not necessarily related to the use and enjoyment of land by any person other than the owner of property that is the site of the nuisance. Without limiting the foregoing, the City may consider whether a use of property is declared by the Beaverton Code or the Beaverton Development Code to be a nuisance.

Owner – Is the present or future owner of the property, or any interest therein.

Ownership Interest – A legally recognized interest in the proceeds of any sale of an interest in the property in question.

Public Entity – Shall include the state, a metropolitan service district, a city, or a county.

Real Property – All lots, parcels or tracts, or any combination thereof, that are owned by the claimant, including structures built or located on the property. “Real property” does not include public property, personal property or easements over, above or below real property. “Real property” does not include a franchise issued by the City to place or erect public or private utility facilities within or along public right-of-way.

Restricts the Use – A regulation that restricts the type of use of private real property, but does not include a regulation that affects either the extent of a use or a regulation that governs development or construction.

Single-Family Dwelling – A detached residential dwelling which is located on a single legally created parcel.

Transferability – A waiver or license issued by the City may be transferred to subsequent owners of property; provided, that the development of the property is consistent with the waiver or license issued by the City.

Use of Property – Any activity that a private property owner can undertake on their property without creating a nuisance, without violating federal law or any local ordinance designed to the minimum extent possible to implement requirements of federal law and without violating any City or county regulation in effect at the time the owner became owner of the property.

Waiver of Enforcement of a Regulation or License – A license issued by the City, pursuant to this chapter, suspending City enforcement of the requirements of a City regulation, which is determined to restrict the owner’s use of property, is not exempt from Oregon Revised Statutes, Chapter 197, and for which the City has elected not to pay compensation pursuant to Measure 49. Such a license will run with the property and may be transferable to subsequent owners of the property.

Zoned for Residential Use – Means that it has as its primary purpose single-family residential use. [BC 2.07.010, added by Ordinance No. 4472, 2/25/08]

2.07.012 Pre-Application Conference.

A. Before submitting an application for a claim pursuant to this chapter, the claimant may schedule and attend a pre-application conference with the Director to discuss the application. The pre-application conference shall follow the procedure set forth by the Director. The applicant shall pay the applicable fee as established by resolution of the City Council.

B. To schedule a pre-application conference, the claimant must contact the Director. The pre-application conference is for the claimant to provide a summary of the claimant’s application for a claim and for the Director to provide information to the claimant about regulations that may affect the application, including this chapter. The Director may provide the claimant with a written summary of the pre-application conference within 10 days after it is held.

C. The Director is not authorized to settle any claim at a pre-application conference. Any omission or failure by staff to recite to a claimant all relevant applicable land use regulations will not constitute a waiver or admission by the City. [BC 2.07.012, added by Ordinance No. 4472, 2/25/08]

2.07.015 Application.

A. An application for a claim may only be filed for residential use. An application for a claim under this chapter shall be filed by an owner or the owner’s authorized agent, along with such number of copies as the Director may require. The application shall be filed with the Director on an application form as approved by the Director, accompanied by documentation in support of the application, as listed in this subsection. Within 60 days following receipt of a claim, the Director shall review the application to determine whether it is complete. If the Director determines the application is not complete, the Director shall, within that 60-day period, notify the claimant by sending via first-class mail of exactly what additional information is necessary to make the application complete.

B. The claim shall be deemed complete when the City receives:

1. The missing information, which may include the claim processing fee established by City Council resolution;

2. Part of the missing information and written notice from the claimant that the remainder of the missing information will not be provided; or

3. Written notice from the claimant that none of the missing information will be provided.

C. If the City does not notify the claimant within 60 days after a claim has been filed, the claim will be deemed complete as of the date the claim was filed.

D. If the claimant does not respond within 30 days of the date of the City notice stated in subsection (B) of this section, the claim shall be deemed withdrawn.

E. The application shall be signed by the property owner(s), including without limitation each person having an ownership interest (as defined herein) in the private real property.

F. Unless waived by the Director an application shall include the following information:

1. A description by street address, if any, and by Washington County Assessment and Taxation map and tax lot number of the property upon which the regulation is imposed;

2. A description by street address, if any, and by the county property tax assessor’s map and tax lot number of each parcel of land owned by the owner or owners of the private real property that is either directly contiguous to the property described in subsection (F)(1) of this section, or is indirectly contiguous through contiguity with another parcel under the same ownership, together with the following:

a. The date of acquisition of the property and each contiguous parcel;

b. Information showing the extent to which the owner has treated the private real property, as to which the owner is applying for compensation, and the directly or indirectly contiguous parcels as a unified use or as a single economic unit, for example in the purchase and financing of the land and in the owner’s or owners’ development of and economic planning for the land;

c. The extent to which application of the subject regulation that is being challenged enhances the value of the property and each contiguous parcel; and

d. The amount of any compensation previously paid by any unit of government under Measure 49 in relation to each such parcel;

3. Proof of Ownership. A copy of the instrument conveying the property to the claimant along with a title report issued within 30 days of the date of the application and by a property title insurance company authorized to conduct business within the State of Oregon and insuring to the City that the claimant is the property owner of the real property. Such report shall name all persons with legal, equitable and security interests in the property and the date and instrument showing the time and manner in which such property interest or interests were established. Claimant shall also submit a complete list of all other interests or encumbrances, including without limitation leases and encroachments, of which the claimant is aware or has reason to think may exist;

4. Identification of the regulation enacted after January 1, 2007, that has reduced the fair market value of claimant’s property;

5. Claimant’s desired specific use of the property and how that use is restricted by the land use regulation adopted after January 1, 2007;

6. That the claim has been filed within five years of the date of the enactment of the regulation;

7. Amount of Claim.

a. A statement of the amount of the claim in dollars based on claimant’s alleged reduction in fair market value resulting from application of the City regulation; and

b. An appraisal of the subject property showing the reduction in the fair market value of the property as that reduction is defined under Measure 49. The opinion of compensable reduction in fair market value shall be apportioned among each regulation such that the City may separately consider the alleged impact on fair market value of each regulation. The appraisal shall be prepared and signed by a person certified under ORS Chapter 674 or a person registered under ORS Chapter 308. The appraisal shall:

i. Show the fair market value of the property one year before the enactment of the land use regulation that is the basis of the claim;

ii. Show the fair market value of the property one year after the enactment of the land use regulation that is the basis of the claim;

iii. Calculate separately the fair market value of multiple land use regulations, if more than one land use regulation is the subject of the claim, in the same manner as identified in subsections (F)(7)(b)(i) and (ii) of this section. The values of the separate land use regulations shall be added together to calculate the total fair market value;

iv. Show the fair market value of each single-family dwelling to which the claimant is entitled, but in no case shall the number of detached dwellings exceed 10 dwellings;

v. Show evidence of any ad valorem property taxes not paid, any severance taxes paid and any recapture of additional tax liability that the owner has paid or will pay for the property if the property is disqualified from special assessment under ORS 308A.703;

vi. Comply with the Uniform Standards for Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989;

vii. Expressly determine the highest and best use of the property at the time the land use regulation was enacted;

c. An itemization of any prior payments made to the property owner relating to a claim on the property, including any contiguous parcels under substantially the same ownership;

d. Any other relief sought by the claimant from other governments;

e. Copies of all appraisals, market studies, economic feasibility studies, development schemes, environmental assessments or similar studies related to the property prepared within the two-year period prior to submittal of the claim;

8. A waiver of any claims for regulations not identified;

9. Exemptions. A statement, including analysis, as to why the regulations are not exempt from application for compensation under Measure 49, including:

a. Imposition, to the extent required, of a regulation to implement a federal requirement;

b. Regulation prohibiting the use of the property for the purpose of selling pornography or performing nude dancing;

10. All other documents, information or argument to be relied upon by the claimant in support of the application;

11. An application fee as established by resolution and amended from time to time by the City Council;

12. A sworn statement that the information submitted is true and complete to the best knowledge and belief of the claimant. [BC 2.07.015, added by Ordinance No. 4472, 2/25/08]

2.07.020 Notice of Application for Claim.

A. Upon receipt of a complete application, the Director shall cause notice of the filing of the claim to be given as follows, within 30 days from the date of determination of completeness.

B. Notice of the hearing under this chapter shall be made by regular first-class mail to:

1. The claimant and to owners of record of property on the most recent property tax assessment roll within 500 feet of where such property is located;

2. The Chair of the Neighborhood Association Committee in which the property is located;

3. The Directors of the following departments of Washington County: Land Use and Transportation and Assessment and Taxation;

4. The Director of Metro’s Growth Management Services;

5. The Director of the Oregon Department of Land Conservation and Development; and

6. Any local, state or federal agency, which the Director believes would be affected by a waiver of the regulation from the property.

The failure of the Director to give notice as provided in this section, or the failure of any person to receive notice given under this section, shall not invalidate any action of the City Council under this chapter. The notice provisions of this subsection shall not restrict the giving of notice by other means, including the posting in public places, newspaper publication, radio, television or by posting on the City’s web site.

C. The notice provided by this section shall:

1. Explain the nature of the claim, including the name of the claimant and the amount of the claim;

2. List the applicable criteria from this chapter;

3. List the regulation(s) that is the subject of the claim;

4. Set forth the street address, if available, or other easily understood geographical reference to the claimant’s property;

5. State the date, time and location of the hearing at which the City Council will consider the claim as well as evidence bearing on such claim and determine whether compensation should be paid under this chapter or the subject regulation(s) should be waived as to the claimant;

6. State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals or other appropriate appeal tribunal based on that issue;

7. Be mailed at least 30 days before the hearing;

8. Include the name of the City staff to contact and the telephone number where additional information may be obtained;

9. State that a copy of the claim, all documents and evidence submitted by or on behalf of the claimant and applicable criteria are available for inspection at no cost and will be provided at a reasonable cost;

10. State that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at a reasonable cost;

11. Include a general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.

D. All documents or evidence relied upon by the claimant shall be submitted to the City and be made available to the public. Any staff report shall be made available at least seven days in advance of the hearing. [BC 2.07.020, added by Ordinance No. 4472, 2/25/08]

2.07.025 Review of Application.

The Director, following filing of a claim under this chapter that is deemed complete, and following consideration of the information included in the claim and any other evidence, shall determine whether a waiver of enforcement of the regulation may be necessary to avoid the owner or owners being entitled to compensation under Measure 49, and, if so, the extent of the waiver needed and the amount of compensation to which the owner or owners would be entitled without a waiver. If the Director determines that a waiver of enforcement of the regulation is or may be needed to avoid the owner being entitled to compensation, the Director, under the advice of the Finance Director and City Attorney, shall compare the public benefits from application of the regulation to the owner’s private real property to the public burden of paying the required compensation if a waiver of enforcement of the regulation is not granted, taking into consideration the financial resources of the City for the payment of such claims. Based on this comparison, the Director shall prepare a written report stating the result of his or her comparison. If the Director has determined that a waiver of enforcement of the regulation may be needed, the report also shall make a recommendation either to grant a waiver that will avoid the owner being entitled to compensation; grant a license waiving enforcement of the regulation that will either avoid compensation or not avoid compensation but will reduce the compensation to which the owner is entitled and pay the amount of reduced compensation to which the Director believes the owner is entitled; deny a waiver of enforcement of the regulation and pay the amount of compensation to which the Director believes the owner is entitled; or take some other appropriate action, such as acquiring the entire private real property or any portion thereof by condemnation. [BC 2.07.025, added by Ordinance No. 4472, 2/25/08]

2.07.030 City Council Hearing.

A. Except as otherwise provided in this section, the hearing shall be conducted by the City Council in accordance with the Council rules for the conduct of administrative and quasi-judicial hearings.

B. At the beginning of the public hearing under this section, the presiding officer or a member of City staff shall state:

1. The applicable substantive criteria;

2. That the hearing will proceed in the following general order: staff report, applicant’s presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal, record closes, deliberation, decision;

3. That all testimony and evidence submitted, orally or in writing, must be directed toward the applicable approval criteria. If any person believes that other criteria apply in addition to those addressed in the staff report, those criteria must be listed and discussed on the record. The Mayor may reasonably limit oral presentations in length or content depending upon time constraints. Either the City or the claimant may require that the appraiser or other person relied on by the other party attend the hearing with all relevant materials and be available for questioning by the Council. If the person is not available, the Council may strike from the record any information provided by the person at any stage. Any party may submit written materials of any length while the public record is open;

4. Failure to raise an issue on the record, with sufficient specificity and accompanied by statements or evidence sufficient to afford the City and all parties to respond to the issue, may preclude appeal on that issue to the appropriate appellate tribunal;

5. Any party wishing a continuance or to keep open the record must make that request while the record is still open;

6. The City Councilors (and the Mayor, if a decision maker) must disclose any ex parte contacts, conflicts of interest or bias before the beginning of each hearing item and provide an opportunity for challenge. Advised parties must raise challenges to the procedures of the hearing at the hearing and raise any issue relative to ex parte contacts, conflicts of interest or bias, prior to the start of the hearing.

C. Any request made for an opportunity to continue the hearing, to present additional evidence or testimony or to make final written argument shall be subject to restriction or elimination, as the City Council determines convenient or necessary to assure that a written decision is made and sufficient administrative time remains thereafter to cause payment of compensation or waiving enforcement of the regulation within the required 180 days from the date the claim was deemed complete. The Council shall have sole discretion as to whether to admit evidence, but material required to be submitted as part of the claim or that the Director should have received and considered at the time of making his or her review and recommendation shall not be admitted unless the Council finds that extraordinary circumstances beyond the control of the offering party prevented earlier submittal. The Council may condition receipt of new information from the claimant on the claimant stipulating to an extension of time for consideration of the material and a waiver of the 180-day deadline provided for under Measure 49.

D. The Council shall determine whether the following criteria have been met:

1. The application is complete;

2. The claimant is a qualifying property owner under Measure 49;

3. All owners of the property have consented in writing to the claim;

4. The subject property is located within the City;

5. The claimant was lawfully permitted to establish a residential use on the property on the date the claimant acquired the property;

6. One or more land use regulations prohibit establishing single-family dwellings on the property;

7. The establishment of single-family dwellings is not prohibited by a land use regulation described in ORS 197.352(3);

8. The land use regulation described in subsection (D)(6) of this section was enacted after the date of the property, or any portion of the property, was brought into the boundaries of Metro;

9. The land use regulation that is the basis of the claim was enacted after the date the property was annexed to the City;

10. The enactment of the land use regulation that is the basis of the claim caused a reduction in the fair market value of the property as determined by an appraisal consistent with the provisions of BC 2.07.015(F)(7)(b); and

11. The number of single-family dwellings identified by the claimant was the highest and best use of the property at the time of enactment of the land use regulation.

E. At the conclusion of the hearing the City Council shall announce its decision orally. Such decision shall not be considered the final City decision until the City Council has adopted written findings in support of its decision. The City Council shall determine whether the applying owner may be entitled to compensation under Measure 49 unless the City grants a waiver of the regulation and, if so, the amount of compensation that may be due and shall compare the public benefits from application of the regulation to the owner’s private real property to the public burden of paying the required compensation to the owner if a waiver of the regulation is not granted, taking into consideration the financial resources of the City for the payment of such claims. If the City Council has determined that either compensation or a waiver is or may be required, then based on this comparison:

1. If the City Council finds that the public burden of paying the required compensation, taking into consideration the City’s financial resources for the payment of such claims, is sufficient to justify denying the public benefit from application of the regulation to the owner’s private real property, the City Council may grant a waiver of the regulation to the extent necessary to avoid the owner or owners being entitled to compensation;

2. If the City Council finds that the public benefit from application of the regulation to the owner’s or owners’ private real property is sufficient to justify the public burden of paying the required compensation, taking into consideration the City’s financial resources for the payment of such claims, the City Council may deny a waiver of the regulation and identify a specified amount of compensation to be paid;

3. The City Council may find that the public benefit from application of the regulation to the owner’s private real property is sufficient to justify the public burden of paying some of the required compensation, taking into consideration the City’s financial resources for the payment of such claims, but that other of the public benefits are not sufficient to justify the public burden of paying the balance of the required compensation. If so, the City Council may grant a waiver of the regulation to the limited extent necessary to avoid the owner being entitled to compensation as to that part of the specified regulation providing public benefit and identify a specified amount of compensation to be paid as to that part of the regulation as to which a waiver from enforcement is not granted; or

4. The City Council may take some other appropriate action, including a resolution of intent to acquire an interest in the property by condemnation;

5. The City Council, in its discretion, may impose a condition that its decision will be effective only if the owner or owners of the private real property sign an agreement, in a form acceptable to the City, that waives any further claims in relation to application of the subject regulation to the private real property as to which a waiver or compensation is sought;

6. The City Council may take other appropriate action conditional on the City receiving a defined amount of contributions from others, such as persons who believe they would be negatively affected by an exemption, by a specified date. In the event the City Council makes such a conditional decision, then the Finance Department shall establish an account into which it shall deposit all contributions the City has received for the payment of compensation. On the date specified for receipt of the defined amount of contributions, the Finance Department shall certify whether the defined amount of contributions has been received. If the defined amount of contributions has been certified as received, then the compensation shall be paid and the license deemed denied or granted only to the limited extent approved by the City Council, as of the payment date. If the defined amount of contributions has been certified as not received, then the license shall be deemed granted as of the certification date and all contributions received by the City shall be returned to the persons who made the contributions.

F. If the Council finds the criteria set forth in subsection (D) of this section have been met, the Council shall adopt a written order (which may be combined with the written findings and conclusion) either directing that payment of just compensation be made to the property owner and to any other persons holding an interest in the property, in such manner as approved by the City Attorney, or issuing a waiver of the regulation in accordance with BC 2.07.045.

G. A copy of the findings, conclusion and order shall be mailed by first-class mail to:

1. The claimant and to all other interested persons who submitted written testimony or testified before the City Council;

2. The government agencies that were provided notice of the claim pursuant to BC 2.07.020(B)(3) through (5). [BC 2.07.030, added by Ordinance No. 4472, 2/25/08]

2.07.035 Burden of Proof.

The burden of proof of any material element shall be upon the claimant for all matters required to show that the claimant is a qualifying property owner under Measure 49 and the amount of compensation for reduced property value caused by the cited regulation or regulations. The burden shall be upon the City to establish that the regulation is exempt from the obligation to pay compensation. [BC 2.07.035, added by Ordinance No. 4472, 2/25/08]

2.07.040 Standards for Interpretation.

A. Applications for claims shall be interpreted consistently with statutory laws and judicial decisions under Oregon Revised Statutes, Chapter 197.

B. This chapter is not intended in any way to expand the rights or remedies available to property owners under Measure 49 or any other law. Neither shall it be construed so as to contravene the express terms of Measure 49.

C. Any City decision on a claim which is inconsistent with any appellate court ruling under Measure 49 issued after the City’s decision may be the subject of a revocation proceeding instituted by the City under BC 2.05.050 et seq. of the Beaverton City Code or any other appropriate remedy available by law. If the City Council has taken an action under BC 2.07.030 and the owner nevertheless files a court action seeking compensation or additional compensation from the City in relation to the specified regulation as it affects the owner’s private real property, and if a final court decision determines that the extent of the waiver provided in the City Council’s final order was not sufficient to avoid the owner(s) being entitled to compensation or additional compensation, then the extent of any waiver granted by the City shall be deemed to be the extent of any waiver necessary to avoid the owner(s) being entitled to compensation or additional compensation, effective as of the date of the City Council’s decision. [BC 2.07.040, added by Ordinance No. 4472, 2/25/08]

2.07.045 Waiving Enforcement of City Regulation.

A. There is hereby established a City waiver, which waives City enforcement of one or more specified City regulations found by the Council to reduce the value of a claimant’s real property. Such waiver shall have the following characteristics:

1. It shall be signed by the Director on behalf of the City and issued only to a claimant pursuant to the process set forth in this chapter and only to the extent necessary to offset the reduction in fair market value;

2. It may be transferable;

3. It shall be presented to the City as part of any application for development of the subject property for which a waiver of the subject regulation is sought;

4. The City may record the waiver or a memorandum of the waiver in the deed records of the county.

B. Issuance of a waiver under this subsection shall not cause the repeal of the regulation(s) being challenged.

C. The City Attorney is authorized to prepare an appropriate form of waiver under this subsection. [BC 2.07.045, added by Ordinance No. 4472, 2/25/08]

2.07.050 Payment of Claim.

A. If the Council determines that a valid claim has been presented and established under this chapter and sufficient funds are available and appropriated therefor, the Council may authorize payment to the claimant. The amount of payment shall be based on the Council’s determination of the diminution in property value attributed to the City regulation.

B. Payment shall be tendered upon claimant’s recordation in the Washington County Department of Records and Elections of a notice, covenant, or declaration in a form approved by the City Attorney that the cited regulation(s) are applicable to the property.

C. Any City payment of compensation under this chapter shall be to the owner or owners in proportion to their ownership interests in the private real property as to which a waiver of the regulation or compensation was applied for. If there is a dispute among owners as to their proportional interests in the private real property, or if the City otherwise deems it appropriate, the City shall make the payment to an escrow agent in trust for the benefit of the owners, or may interplead the payment in a legal action, for distribution to the owners based on their proportional interests as soon as the owners have resolved their dispute or agreed on the appropriate distribution. The City Council may make a decision to pay compensation under this chapter conditional on the owner providing title insurance to the City, insuring the City as to the identities of the current owners of all legal, equitable, and security interests in the private real property. [BC 2.07.050, added by Ordinance No. 4472, 2/25/08]

2.07.055 Record.

A. The City Recorder shall maintain records of all monies paid and waivers issued pursuant to this chapter.

B. The Director shall cause a copy of any waiver issued under this chapter to be mailed to the Washington County Director of Assessment and Taxation with a request that such information be considered in determining the assessed value of the subject property. [BC 2.07.055, added by Ordinance No. 4472, 2/25/08]

2.07.060 Conditions Related to Future Court Decisions.

If the City Council grants a waiver or limited waiver as a means to avoid having to compensate, or as a means to limit compensation to, an owner or owners under Measure 49, and if, based on a subsequent appellate court interpretation or invalidation of Measure 49, in the same or another case, the applying owner was not entitled to compensation in relation to the regulation from which the waiver waiving the regulation was granted, then the waiver or limited waiver shall be deemed to have been invalid and ineffective as of and after the date of the City Council’s order granting the waiver or limited waiver. Any such invalidity and ineffectiveness shall be limited as necessary to avoid the City being required to compensate the owner under Measure 49. [BC 2.07.060, added by Ordinance No. 4472, 2/25/08]

2.07.065 No Reapplication.

If an application is denied or withdrawn prior to the issuance of a final written order by the City Council, no application for the same or substantially similar compensation claim may be made by the owner of the subject property. [BC 2.07.065, added by Ordinance No. 4472, 2/25/08]

2.07.070 Validity of City Council Action.

No failure of any person or body to comply with a procedural requirement set out in this chapter shall invalidate any action of the City Council under this chapter. [BC 2.07.070, added by Ordinance No. 4472, 2/25/08]

2.07.075 Measure 37 Claims.

Measure 37 claims before June 28, 2007, shall be processed as required under Measure 49. [BC 2.07.075, added by Ordinance No. 4472, 2/25/08]