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HomeMy WebLinkAboutOrdinance No. 20331 ORDINANCE NO. 20331 AN ORDINANCE CONCERNING REAL PROPERTY COMPENSATION; ADDING SECTIONS 2.070, 2.075, 2.080, 2.085, 2.090, AND 2.095 TO THE EUGENE CODE, 1971; DECLARING AN EMERGENCY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. A caption, and Sections 2 070, 2 075, 2 080, 2 085, 2 090, and 2 095 are added to the Eugene Code, 1971, to provide Real Propertv Compensation 2.070 Real Propertv Compensation - Purpose and Definitions. (1) Purpose Sections 2 070 through 2 095 of this code implement the provisions added to Chapter 197 of Oregon Revised Statutes by Ballot Measure 37 (November 2, 2004) These provisions establish a prompt, open, thorough and consistent process that enables property owners an adequate and fair opportunity to present their claims to the c~ty, preserves and protects limited public funds, and establishes a record of the city's decision capable of circuit court review (2) Definitions As used in sections 2 070 through 2 095, the following words and phrases mean City manaqer The city manager of the city, or his or her designee Claim A claim filed under Ballot Measure 37 Exempt land use requlabon A land use regulation that (a) Restricts or prohibits activities commonly and historically recognized as public nuisances under common law, (b) Restricts or prohibits activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations, (c) Is required in order to comply with federal law, (d) Restricts or prohibits the use of property for the purpose of selling pornography or performing nude dancing, or (e) Was enacted pnor to the date of acqu~s~bon of the property by the owner or a family member of the owner Family member Includes the w~fe, husband, son, daughter, mother, father, brother, brother-in-law, s~ster, s~ster-~n-law, son-in-law, daughter-in- law, mother-in-law, father-in-law, aunt, uncle, n~ece, nephew, stepparent, Ordinance- ] stepchild, grandparent, or grandchild of the owner of the property, an estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the property Land use requlabon Includes (a) Any statute regulating the use of land or any interest therein, (b) Administrative rules and goals of the Land Conservation and Development Commission, and (c) Local government comprehensive plans, zoning ordinances, land division ordinances, and transportation ordinances Owner The present owner of the property, or any interest therein Valid claim A claim submitted by the owner of real property that is subject to a land use regulation, other than an exempt land use regulation, adopted or enforced by the city that restricts the use of the private real property in a manner that reduces the fair market value of the real property 2.075 Real Propertv Compensation - Claim Submittal Procedure. (1) A person seeking to file a claim under secbons 2 070 to 2 095 of th~s code must be the present owner of the property that ~s the subject of the claim at the brae the claim ~s submitted The claim shall be filed w~th the c~ty manager's office, or another c~ty office ~f so designated by the c~ty manager (2) A claim shall include (a) The name(s), address(es) and telephone number(s) of all owners, and anyone w~th any ~nterest ~n the property, ~nclud~ng hen holders, trustees, renters, lessees, and a description of the ownership interest of each, (b) The address, tax lot, and legal description of the real property that is the subject of the claim, together with a title report issued no more than 30 days prior to the submission of the claim that reflects the ownership interest in the property, or other documentation reflecting ownership of the entire property by the claimant(s), and the date the property was acquired, (c) The current land use regulation(s) that allegedly restncts the use of the real property and allegedly causes a reduction in the fair market value of the subject property, (d) The amount of the claim, based on the alleged reduction in value of the real property supported by an appraisal by an appraiser who is licensed or certified by the Appraiser Certification and Licensure Board of the State of Oregon and who is not a business partner nor family member of any owner of the property, and (e) Copies of any leases or Covenants, Conditions and Restnctlons ("CCR's) apphcable to the real property, if any, that impose restrictions on the use of the property Ordinance - 2 (3) Notwithstanding a claimant's failure to provide all of the information required by subsecbon (2) of th~s secbon, the c~ty may rewew and act on a claim (4) Following receipt of a claim, the c~ty manager shall post on the c~ty's webs~te ~nformabon related to the claim, ~nclud~ng the name(s) of the claimant(s), the location of the property, the regulation(s) identified in the claim, and the amount cla~med The c~ty manager shall also e-mad the ~nformabon to the neighborhood groups or community organ~zabons officially recognized by the c~ty councd whose boundaries ~nclude the subject property 2.080 Real Property Compensation - Fees. (1) As part of the application, the claimant shall include a fee deposit of $1,500 If the claimant prowdes all of the ~nformabon ~denbfled ~n secbon 2 075(2), no additional fee beyond the deposit shall be required from the claimant If the claimant does not prowde all of the ~nformabon requested ~n secbon 2 075(2), then the c~ty manager shall maintain a record of the c~ty's costs ~n processing a claim, ~nclud~ng the costs of obtaining ~nformabon required by secbon 2 075 which a property owner does not prowde to the c~ty Following final acbon by the c~ty on the claim at the local level, the c~ty manager shall send to the property owner a bdl for the lesser of (a) the actual costs, ~nclud~ng staff and legal costs, that the c~ty ~ncurred ~n rewew~ng and acbng on the claim, or (b) $7,500 plus the cost of any appraisal (2) If the property owner does not pay the amount due w~th~n 30 days, then the c~ty shall pursue collecbon, ~nclud~ng, ~f necessary, flhng a hen on the property 2.085 Real Propertv Compensation -Citv Manager Recommendation. (1) Following an ~nvesbgabon of a claim, the c~ty manager shall forward to the c~ty councd a recommendabon, together w~th an explanabon to support the recommendabon, that the claim be (a) Denied, (b) Investigated further, (c) Declared valid, and waive or modify the land use regulation, or compensate the claimant upon complebon of an appraisal, or (d) Evaluated w~th the expectabon of the c~ty acqu~nng the property, by condemnabon ~f necessary (2) If the c~ty manager's recommendabon ~s that a claim be den~ed, and no c~ty elected official ~nforms the c~ty manager w~th~n 14 days that the official d~sagrees, then the c~ty manager may deny the claim If an elected official objects, then the c~ty manager shall wa~t an add~bonal seven days to see whether three more elected officials object to the proposed den~al If they do, then the c~ty manager shall schedule a work session w~th the c~ty councd If not, the c~ty manager may deny the claim Ordinance - 3 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 Section 2. The C~ty Recorder, at the request of, or w~th the concurrence of the C~ty Attorney, ~s authonzed to adm~mstrabvely correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein Section 3. Due to the passage of Measure 37 at the General Election on November 2, 2004 w~th an effecbve date 30 days thereafter, the C~ty Council declares ~t ~s necessary for the preservabon of the pubhc health, welfare and safety for th~s Ordinance to have immediate effect On November 3, 2004 the City Council unanimously agreed to proceed w~th adopbon of th~s Ordinance w~th an abbrewated nohce of the pubhc heanng thereon Section 4. This Ordinance shall become effective immediately upon its passage by the C~ty Council and approval by the Mayor, retenbon by the Mayor for more than ten days, or readopbon over a Mayoral veto by two-th~rds of all members of the C~ty Council Passed by the City Council this Approved by the Mayor this 24th day of November, 2004 30th day of November, 2004 Is~ Mary H. Feldman Is~ James D. Torrev City Recorder Mayor Ordinance - 5