Item 6 - PH/Ord.on Real Prop.Cm - Laserfiche WebLink

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public heating before the council may waive a regulation (and to mail notice at least 14 days prior to any public hearing). The ordinance would allow, but not require, the council to hold a public hearing before the council could decide to (a) pay compensation, (b) deny the claim, or (c) acquire the property. (Again, if a public hearing were held, then notice would be required.) If the city council desires that the ordinance require a public hearing regardless of the nature of the council's decision (i.e., waive, deny, compensate or acquire), then the council should amend the ordinance by deleting the second sentence of 2.090(1) and changing "may" to "shall" in the first sentence. Should the claims process include a jury trial in municipal cdurt on the amount of compensation? The city's legal position would not be advanced by asking the municipal Court to conduct a jury trial on the validity of a claim, or on the amount of compensation that would be due for a valid claim. The process would be costly to the city (paying for the municipal judge, the jury, the city attorney, and the city's expert witness (appraiser) for the trial). The city cannot require the property owner to participate in that process, and even if the property owner participated in the process, the outcome would not be binding on the property owner. The property owner would continue to have the right under Measure 37 to file his or her claim in circuit court 180 days after the claim had been filed with the city. Should the city require that a property owner waive his or her right to file a claim under Measure 37 if the city agrees to upzone the property or take similar action related to the property that increases the value of the property (and possibly imposes additional restrictions that the property owner might want waived)? We agree that such a requirement should be considered. We have been researching legal issues related to requiring such a waiver. Such a requirement need not be part of the claims processing ordinance, and does not need to be adopted prior to the effective date of Measure 37. It is one of the follow-up items related to Measure 37 implementation that staff intends to bring to the Council after the first of the year.