Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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1 The city responds that it mailed individual written notice to all property owners 2within the West University and South University Neighborhoods. Record 958-76. The list 3of those property owners who were mailed individual written notice includes intervenor- 24 4petitioner. Record 965. The city contends that its notice was mailed 30 days before the “At least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, a city shall cause a written individual notice of a land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.” 23 ORS 227.186(5) provides: “An additional individual notice of land use change required by subsection (3) or (4) of [ORS 227.186] shall be approved by the city and shall describe in detail how the proposed ordinance would affect the use of the property. The notice shall: “(a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin: “_________________________________________________________________________ “This is to notify you that (city) has proposed a land use regulation that may affect the permissible uses of your property and other properties. “__________________________________________________________________________ “(b) Contain substantially the following language in the body of the notice: “__________________________________________________________________________ “On (date of public hearing), (city) will hold apublic hearing regarding the adoption of Ordinance Number_____. The (city) has determined that adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property. “Ordinance Number _____ is available for inspection at the ______ City Hall located at________.A copy of Ordinance Number _____ also is available for purchase at a cost of_____. “For additional information concerning Ordinance Number_____, you may call the (city) Planning Department at ___-___.” __________________________________________________________________________” 24 The statute requires that the city mail notice to property owners, it does not require that the mailed notice actually be received. Therefore, intervenor-petitioner’s claim that he did not receive individual written notice is not sufficient to show a violation of ORS 227.186. In any event, as the city points out, intervenor-petitioner Page 39