Item C: Ordinance Concerning Real Property Value-Added Charge

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ATTACHMENT A 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 as to the real market value. For purposes of this appeal, the real market values contained in the administrative order and in the records of Lane County Assessment and Taxation shall be conclusively presumed correct. No appraisal or other information may be presented to or considered by the hearings officer. The city manager shall forward the notice of determination of the amount of the charge and requirement for its deposit to the applicant. The notice shall contain a statement that failure to submit the deposit by the date set forth in the notice will result in the imposition of a lien against the applicant’s property, which shall be recorded in the city’s lien docket. (3) If the applicant submits a deposit under subsection (1) of this section based on an appraisal, the city manager shall inform the applicant, as provided for in subsection (5) of section 2.105, whether the city accepts the real market values contained in the applicant’s appraisal. If the city does not accept those values, and if the final determination of real market values (after the city obtains an appraisal and possibly after a hearing) establishes values that result in a greater change in value than calculated by the applicant, the applicant shall submit the additional value-added charge that is due. Failure to do so shall result in the imposition of a lien for the additional amount due, which shall be recorded in the city’s lien docket. 2.115 Real Property Value-Added Charge – Non-Requested Changes. (1) Purpose. This section governs the imposition of the real property value-added charge when the change in zoning, plan designation or UGB status is not one that had been requested by or on behalf of the property owner. In this situation, the charge shall be imposed only if a property owner decides to seek a regulatory approval – such as approval of a development permit, land division, or other land use permit – that could not be approved if the change in zoning, plan designation or UGB status had not been approved. (2) The city shall forward to a property owner who becomes subject to a real property value-added charge as a result of an action initiated by the city under section 2.100(3)(b) a notice identifying a potential real property value-added charge. The charge will not become due and payable until such time as the property owner takes some action such as the submission of an application for a development or land use permit that relies upon and takes advantage of the city-initiated action. If there are multiple city-initiated actions involving the same Ordinance - 4