HomeMy WebLinkAboutOrdinance No. 20219
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COUNCIL ORDINANCE NUMBER 20219
COUNCIL BILL NUMBER 4754
AN ORDINANCE CONCERNING REAL PROPERTY COMPENSATION;
RENUMBERING SECTIONS 2.030 AND 2.070 OF THE EUGENE CODE, 1971
TO 2.150 AND 2.170 RESPECTIVELY; ADDING SECTIONS 2.040, 2.045, 2.050,
2.055,2.060, AND 2.065 TO THAT CODE; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
DATE SUBMITTED: November 27,2000
PASSED: 7/0
ABSENT: Taylor
OPPOSED:
REJECTED:
ABSTAINED:
DEFERRED TO:
FIRST READING: November 27,2000
SECOND READING: November 27,2000
ORDINANCE NO. 20219
AN ORDINANCE CONCERNING REAL PROPERTY
COMPENSATION; RENUMBERING SECTIONS 2.030 AND
2.070 OF THE EUGENE CODE, 1971 TO 2.150 AND 2.170
RESPECTIVELY; ADDING SECTIONS 2.040, 2.045, 2.050,
2.055,2.060, AND 2.065 TO THAT CODE; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 2.030 and 2.070 of the Eugene Code, 1971, are renumbered to Sections
2.150 and 2.170 respectively.
Section 2. The following caption and Sections 2.040, 2.045, 2.050, 2.055, 2.060, and 2.065
are added to the Eugene Code, 1971, to provide:
Real Property Compensation
2.040 Real Property Compensation - Purpose and Definitions.
(1) Purpose. The provisions of sections 2.040 through 2.065 implement the
provisions added to Article I, Section 18 of the Oregon Constitution by Ballot Measure 7 (November
7, 2000). The provisions of sections 2.040 through 2.065 establish a prompt, open, thorough and
consistent process that enables property owners to present their legitimate claims consistent with the
Oregon and U.S. Constitutions; enable persons with claims to have an adequate and fair opportunity
to present them to the city; preserve and protect limited public funds; and establish a record of
decision capable of appellate review.
(2) Definitions. As used in sections 2.045 through 2.065, words and phrases shall
have the same meaning as those added to Article I, Section 18 of the Oregon Constitution as a result
of Ballot Measure 7 approved by the electors in November 2000. In addition, the following words
and phrases mean:
City manager. The city manager of the city, or his or her designee.
Exempt regulation. As used in section 2.055, an exempt regulation is one that
is any of the following:
(a) An historically and commonly recognized nuisance law;
(b) A regulation imposing, to the minimum extent required, a
requirement of federal law; or
(c) A regulation prohibiting the use of property for selling
pornography, performing nude dancing, selling alcoholic beverages or other
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controlled substances, or operating a casino or gaming parlor.
Regulation. Law, rule, ordinance, resolution, goal or other enforceable
enactment.
2.045 Real Property Compensation -Application Requirements. An applicant seeking to
file a claim under sections 2.040 to 2.070 must be a current owner of the property that
is the subject of the claim. An applicant shall submit an application consisting of all of the items set
out in this section:
(a) A completed application form;
(b) An application fee established by the city manager pursuant to section
2.020 of this code, which the city shall refund if the city or a court determines that
the applicant is entitled to compensation under Article I, Section 18, subsections (a)
through (f) of the Oregon Constitution;
(c) The name, mailing address, phone number and signature of the
property owner filing the claim application, and of each of the other current owners
of the subj ect property;
(d) A legal description and tax lot number of the subject property as well
as a street address, if any, for the property;
(e) A title report issued no more than 30 days prior to the application's
submittal, that includes the title history, the date the applicant acquired ownership of
the property, and the ownership interests of all owners of the property. As an
alternative to the title report, a copy of the deed( s) granting all existing ownership
interests to the owner(s) of the subject property signing the application may be
submitted with the application;
(f) A statement specifically identifying the section( s) of this code or other
city regulation that allegedly restricts the use of the real property and allegedly causes
a reduction in the fair market value of the subject property, including the date the
regulation was first adopted, first enforced or applied;
(g) A copy of a written appraisal by an appraiser licensed by the Appraiser
Certification and Licensure Board of the State of Oregon, indicating the amount of
the alleged reduction in the fair market value of the property by showing the
difference in the fair market value of the property before and after application of each
of the challenged regulations, individually, and after the application of all of the
challenged regulations, cumulatively;
(h) A written statement addressing the criteria listed in subsections (a) to
(d) of section 2.055(1);
(i) A statement by the applicant specifying the amount of the claim, and
the fair market value of the property before and after application of the challenged
regulations(s); and
(j) Copies of all covenants, conditions and restrictions applicable to the
subj ect property.
2.050 Real Property Compensation - Completeness Review. The city manager shall review
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a claim application and, within seven days of its receipt, send notice to the applicant
as to whether the application is complete. If the city manager determines that the application is
complete, the manager shall begin the application review process. If the city manager determines
that the application is incomplete, the city shall advise the applicant in writing of the necessary
missing information. Within ten days of the mailing of a notice of missing information, the applicant
shall submit to the city a written statement indicating either an intent to submit the missing
information or a refusal to submit the missing information. The 90 day time period provided in
Article I, Section 18, subsection (d) of the Oregon Constitution shall begin to run either:
(a) If the applicant submits a statement indicating an intent to submit the
missing information, upon receipt of all of the missing information requested by the
city;
(b) Upon receipt of a written statement from the applicant indicating that
the missing information will not be provided; or
(c) Upon the 11 th day after mailing the notice of missing information
referred to above, if the applicant has not responded.
2.055 Real Property Compensation - City Manager DecisionlRecommendation.
(1) The city manager shall determine whether the application qualifies for
consideration by the city council for compensation. An application qualifies for compensation
consideration if Ballot Measure 7 as approved by the electors in November 2000, is in effect and if
the applicant has demonstrated that all of the following criteria are met:
( a) The challenged regulation restricts the use of private real property, and
no other regulation authorizes an exemption, variance, waiver or other release from
the regulation;
(b) The restriction on use has the effect of reducing the value of the
applicant's property;
(c) The challenged regulation was adopted, first enforced or applied after
the applicant became the owner; and
(d) The challenged regulation is not an exempt regulation as defined in
section 2.040.
(2) If an application fails to meet one or more of the criteria listed above, the city
manager shall deny the claim. If the application meets all of the above criteria, the city manager
shall refer the application to the city council along with a recommendation based on the criterion at
2.065, that the city council either compensate the applicant for the reduction in fair market value or
discontinue application of the regulation to the subject property.
(3) Notice of the city manager's denial or recommendation to city council shall
be mailed to the applicant.
(4) The city manager shall deny the claim or refer the application and
recommendation to the city council.
2.060 Real Property Compensation - Notice of Aoplication.
(1) If the challenged regulation is a land use regulation, then the city shall comply
with the requirements of subsections (2) and (3) of this section. Otherwise, the city manager shall
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provide such notice as he or she deems appropriate given the nature of the particular application.
(2) Following the city manager's referral to the city council, but no less than 20
days before the city council holds a public hearing, written notice of the application shall be mailed
to all of the following:
(a) The applicant and other owners of the subject property listed on the
application;
(b) Owners and occupants of properties located within 300 feet of the
perimeter of the subject property; and
(c) Neighborhood groups or community organizations officially
recognized by the city council and whose boundaries include the subject property.
(3) The notice shall include all of the following:
(a) The street address or other easily understood geographical reference
to the subj ect property;
(b) The criterion for the decision;
( c) The place, date, and location of the hearing;
(d) The nature of the application and the proposed use or uses which
could be authorized;
( e) A statement that a copy of the staff report will be available for
inspection at no cost at least 7 days prior to the hearing and will be provided at
reasonable cost;
(f) A general explanation of the requirements for submission of testimony
and the procedure for conduct of hearings;
(g) A statement that copies of the application and all evidence and
documents submitted by or on behalf of the applicant are available for review, and
that copies can be obtained at cost;
(h) A statement that failure to raise an issue at the hearing, in person or
by letter, or failure to provide statements or evidence with sufficient specificity to
enable the decision maker to respond to the issue, precludes an appeal based on that
Issue;
(i)
(j)
being made.
The name and telephone number of a city contact person; and
A brief summary of the local decision making process for the decision
2.065 Real Property Compensation - City Council Decision.
(1) Pursuant to Article I, Section 18, subsections (a) through (f) of the Oregon
Constitution, and notwithstanding any other law, rule, ordinance, resolution, goals or other
enforceable enactment of the city, and notwithstanding any other procedure for release, exception,
or otherwise in this code, the city council is authorized to discontinue application of a regulation to
a property by resolution pursuant to sections 2.040 through 2.065 when the city council, in its
discretion, elects to do so rather than paying compensation to the property owner.
(2) Within 90 days of accepting a claim application, the city council shall either
declare that:
(a) Compensation is due to the applicant in an amount determined in the
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city council's decision; or
(b) The city will, as of a date specified in the decision, discontinue to
apply the challenged regulation(s) to the subject property.
(3) Where more than one regulation is being challenged, the city council may
provide for a combination of the two remedies listed in subsection (2) of this section.
(4) The city council's decision shall be based upon consideration of whether the
public interest would be better served by compensating the applicant, or by discontinuing to apply
the challenged regulation(s) to the subject property.
(5) A decision made by the city council to discontinue application of a regulation
under subsection (2)(b) shall automatically be repealed on the occurrence of an event that would
prevent any owner or future owner of the subject property from successfully claiming compensation
under Oregon Constitution Article I, Section 18, subsections (a) through (f) in relation to the
discontinued regulation.
Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to administratively correct any reference errors contained herein or in other provisions
of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Section 4. It is necessary for the preservation of the public health, welfare and safety for this
Ordinance to have immediate effect. Therefore, this Ordinance shall become effective immediately
upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more
than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council.
Passed by the City Council this
Approved by the Mayor this
27th day of November, 2000
27th day of November, 2000
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City Recorder
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