Item 1: PH on Ordinance Establishing Real Property Value-Added Charge

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(5) If a property owner obtains and submits an appraisal as provided in subsection (4) of this section, then the city shall either accept the values contained in the appraisal, or obtain its own appraisal. If the city accepts the values, then the value-added charge shall be based on the difference between the pre-change and post-change values contained in that appraisal. If the city chooses to obtain its own appraisal, the city’s appraisal shall meet the same standards as required for the property owner’s appraisal. (6)If the city chooses to obtain its own appraisal, the city shall provide to the property owner a notice of determination as to the real market values and a copy of the appraisal on which that determination is based. Within 15 days following the property owner’s receipt of the city’s determination and appraisal, the property owner shall decide whether to (a) accept the real market values as determined by the city, or (b) appeal the issue in accordance with section 2.021 of this code. Unless the owner submits the appeal under section 2.021 within 15 days of the receipt of the city’s determination and appraisal, the city’s determination shall be final and not subject to further review. (7)If the property owner submits a timely appeal request under section 2.021, a hearings officer shall hold a hearing and issue a decision on the change in value. The hearings officer’s decision shall be the city’s final decision on the matter. 2.110 Real Property Value-Added Charge – Requested Changes . (1) At the time a property owner or someone on behalf of a property owner submits an application for a zone change, plan amendment or UGB amendment, the applicant shall deposit with the city: (a) The amount of the charge as determined in accordance with subsections (1) through (3) of section 2.105 of this code; or (b) The amount of the charge based on an appraisal performed under subsection (4) of section 2.105 of this code, together with a copy of the appraisal required under that subsection. If the application for a zone change, plan amendment or UGB amendment is denied, the amount of the charge deposited shall be returned to the applicant. (2) If the applicant fails to deposit the charge as required by subsection (1), the city manager shall determine the amount that is due based on subsections (1) through (3) of section 2.105 of this code, and shall send written notice of that determination to the property owner. The amount due as determined by the city manager in accordance with subsections (1) through (3) shall be final, unless the property owner appeals that determination pursuant to section 2.021 of this code. The sole basis for an appeal shall be that the manager erred (a) in applying the administrative rule adopted under subsection (1) of section 2.105, or (b) in reviewing the information from Lane County Assessment and Taxation related to the most recent determination Ordinance - 3