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Item 6 - PH/Ord.on Real Prop.Cm
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Item 6 - PH/Ord.on Real Prop.Cm
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6/9/2010 12:53:55 PM
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11/17/2004 12:22:16 PM
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City Council
City_Council_Document_Type
Agenda Item Summary
CMO_Meeting_Date
11/22/2004
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ATTACHMENT A <br /> <br /> LEGISLATIVE REVISION <br /> OF ORIGINAL ORDINANCE <br /> <br /> (5) A decision by the city council to remove or modify a land use regulation <br /> shall be personal to the claimant(s). Unless the resolution adopted by <br /> the council provides otherwise, the action of removing or <br /> modifying the regulation [a~] shall automatically become invalid and <br /> void upon the transfer of any ownership interest in the subject property <br /> by the claimant to anyone. Following the voiding of the decision <br /> because of a transfer, any use of the property must be consistent with all <br /> regulations in effect at the time of transfer, or thereafter amended. <br /> Should a development or use not be consistent with such regulations, <br /> then the use may be declared a public nuisance and abated as provided <br /> in chapter 6 of this code. <br /> (6) If the city council adopts a resolution under (2)(a) or (2)(b) of this section, <br /> the city manager shall record on the property a copy of the resolution <br /> with Lane County Records. <br />2.095 Real Property Compensation - Private Cause of Action. If the city <br /> <br /> council's approval of a claim by removing or modifying a land use regulation <br /> causes a reduction in value of other property located in the vicinity of the <br /> claimant, the neighbor(s) shall have a cause of action in state circuit court to <br /> recover from the claimant the amount of the reduction, and shall also be <br /> entitled to attorney's fees if the neighbor prevails. <br /> <br /> Section 2. The City Recorder, at the request of, or with the concurrence of the <br />City Attorney, is authorized to administratively correct any reference errors contained <br /> <br />Ordinance - 8 <br />L:\CMO~2004 Council Agendas\M041122\S0411226-attA. doc <br /> <br /> <br />
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