Ordinance No. 20331 - Laserfiche WebLink

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2.090 Real Propertv Compensation -Citv Council Decision. (1) The c~ty council may conduct a pubhc heanng before taking final acbon on a recommendabon from the c~ty manager The c~ty council shall not waive or modify a land use regulabon unless the council first holds a pubhc heanng Nobce of a pubhc heanng shall be ma~led at least 14 days pnor to the pubhc heanng, and shall at a m~n~mum be sent to the claimant, to owners and occupants of property w~th~n 300 feet of the penmeter of the subject property, and neighborhood groups or community organ~zabons officially recognized by the c~ty council whose boundaries ~nclude the subject property (2) Upon conclusion of any heanng, and pnor to the exp~rabon of 180 days from the date the claim was filed, the c~ty council shall adopt a resolubon that (a) Determines that the claim is a vahd claim and removes or modifies land use regulation(s) with respect to the subject property to allow the owner to use the property for a use permitted at the brae the owner acquired the property, (b) Determines that the claim ~s a vahd claim and compensabon ~s due to the claimant ~n an amount set forth ~n the council's resolubon, (c) Determines that the claim ~s a vahd claim and that the c~ty should acquire the property, or (d) Denies the claim (3) The city council's decision to waive or modify a land use regulation or to compensate the owner shall be based upon cons~derabon of whether the pubhc ~nterest would be better served by compensabng the apphcant, or by removing or modifying the challenged land use regulation(s) with respect to the subject property (4) If the c~ty council removes or modifies the challenged land use regulabon, the council may as part of the decision re-~mpose w~th respect to the subject property, all of the land use regulabons ~n effect at the brae the claimant acquired the property (5) A decision by the city council to remove or modify a land use regulation shall be transferable to a future purchaser of the property to the extent required by the Ballot Measure 37 (6) If the city council adopts a resolution under (2)(a) or (2)(b) of this section, the c~ty manager shall record on the property a copy of the resolubon w~th Lane County Records 2.095 Real Propertv Compensation - Private Cause of Action. If the c~ty council's approval of a claim by remowng or modifying a land use regulabon causes a reducbon ~n value of other property located ~n the wc~n~ty of the claimant, the neighbor(s) shall have a cause of acbon ~n state c~rcu~t court to recover from the claimant the amount of the reducbon The preva~hng party such an acbon shall be enbtled to reasonable attorney's fees and costs at thai and upon appeal Ordinance - 4