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HomeMy WebLinkAboutOrdinance 1812ORDINANCE NO. ~g 1 ~. AN ORDINANCE CREATING CHAPTER 1.28 OF THE CENTRAL POINT MUNICIPAL CODE ESTABLISHING A PROCEDURE FOR PROCESSING CLAIMS FOR COMPENSATION MADE PURSUANT TO ARTICLE I, SECTION 18, OF THE OREGON CONSTITUTION, AS AMENDED BY BALLOT MEASURE 7 ADOPTED NOVEMBER 7, 2000; AND DECLARING AN EMERGENCY. WHEREAS, Ballot Measure No. 7, amending Article I, Section 18, of the Oregon Constitution, was submitted to, and approved by, qualified electors of the State of Oregon on November 7, 2000, and becomes effective December 7, 2000; and WHEREAS, the aforesaid Measure 7 provides that, when a local government passes or enforces a regulation that restricts the use ofprivate real properly thereby reducing the value of said property, the property owner is entitled to just compensation equal to the reduction in the fair market value of the property; and WHEREAS, Measure 7 provides that such compensation is due if the regulation was adopted, first enforced or applied after the current owner of the property became the owner and the regulation continues to apply to the property 90 days after the owner applies for compensation, and that the local government may be required to pay attorney's fees and expenses necessary to collect such compensation if the claim is denied or not paid, within 90 days of filing an application for compensation, and WHEREAS, the City of Central Point desires to comply with the requirements of Measure 7 in an appropriate and timely manner, and WHEREAS, in order to do so, it is necessary that the City of Central Point shall have and receive from any such claimant full and adequate information by means of which the City can evaluate and determine the validity and value of such claim, NOW, THEREFORE, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section I. Chapter 1.28 of the Central Point Municipal Code is hereby established as follows: CHAPTER L28 CLAIMS FOR COMPENSATION Sections: 1.28.010 Purpose. 1.28.020 Application Process. 1.28.030 Notice and Determination by Council. 1.28.040 Complete Application Required. 1.28.050 Evidence. 1.28.060 Severability. 1.28.010 Purpose. Any person desiring to make or assert a claim or claims against the City of Central Point under the provisions of Ballot Measure 7, as incorporated into Article I, Section 18, of the Oregon Constitution, shall, within the time limit provided by any applicable statute of limitations, submit to the City Administrator, with true and accurate accompanying information and documentation as necessary to establish the validity and value of such claim, including but not necessarily limited to the information hereafter enumerated, a written application for compensation. Any application so given shall include, but shall separately state, the claims for which they are applying with respect to the property therein described on the date the application is tendered to the City. No application shall set forth claims which do not affect all of the property described in the application, and where multiple claims are sought to be asserted for more than one parcel of real property, the claims shall be stated in separate notices unless all of the claims set forth affect all of the parcels described in the application. 1.28.020 Application Process. The application for compensation shall be submitted to the City Administrator, in writing, and shall be subscribed by all of the owner(s) of the subject property, as applicant(s), or shall be subscribed by at least one of the property owner(s), and accompanied by the written consent of the other owners to the submission of the application for compensation or, if not all owners subscribe or consent to the submission of the application, shall contain a statement identifying the owners who have not subscribed or consented to the application, and stating that such owners were provided with a copy of the application and refused to subscribe or consent thereto. Such application for compensation shall be verified under the applicants' oath or affirmation, under penalty of perjury, that the information contained in the application for compensation and supporting materials is true and correct. The application shall contain or have attached thereto the following information and materials: a. A description, sufficient for identification, of the regulation asserted by the applicant to have restricted the use of the private real property; b. The street address, and a description in compliance with the provisions of ORS 93.600, sufficient to identify and permit location of the private real property, the use of which is alleged to have been restricted by such regulation; c. The true and correct names, mailing addresses and telephone numbers of all of the owner(s) of the property (including all interests therein), accompanied by a copy of a policy of title insurance, deed of conveyance or other sufficient proof of such ownership, or a reference to the book and page numbers where such a document was recorded in the official records of Jackson County, Oregon; d. The date on which the owner acquired the property; e. Whether the claim is alleged to arise on account of (1) the adoption of a regulation, (2) the enforcement of a regulation, or (3) the application of a regulation, and the date on which the claim is alleged to have arisen by reason of such event; f. A description ofthe effect ofthe regulation on property, including a statement of the manner in which the use of the property is thereby restricted; g. A statement ofthe amount claimed to be due for compensation under Article I, Section 18, as amended by Measure 7 upon the claim(s) of which application is given; h. A statement of the manner in which the fair market value of the property has been reduced, and a statement describing any affirmative obligation imposed on the owner which are part of the reduction in fair market value compensable under Article I, Section 18, as amended by Measure 7; i. The alleged values of the property on the date the claim is alleged to have arisen, including the value the property would have on such date as it is, subject to the restriction, and the alleged value of the property on such date, without the restriction, accompanied by (1) the opinion of a real estate appraiser having a license or other legal authority to render such opinions in the State of Oregon, verifying the values set forth or, in the alternative, (2) a statement of the methodology by which such values were determined, showing and disclosing that in arriving at such values the applicant has applied lawfully recognized principles of property valuation. In either case, there shall be included a statement of the assumptions used in making such appraisal or other determination of value; and separately stating the net cost to the owner of any affirmative obligation imposed on the owner and compensable under Article I, Section 18, as amended by Measure 7, and included in the determination of the reduction of fair market value, with a statement and explanation of the acts required in order to accomplish such obligation, an itemization of such costs and a receipts verifying such costs; j. Whether, and in what manner and by what means, the owner has contested the validity of the regulation, the application of the regulation to the subject property, or the manner in which it is imposed, interpreted or enforced; k. Whether or not applicant believes the restriction to be related to the prohibition of a historically and commonly recognized nuisance, or to implement a requirement of Federal law, and Any additional information which would aid in the determination of the validity and value of the claim, or any decision to release the restriction. 1.28.030 Notice and Determination By Council. a. At the next regularly scheduled City Council meeting following provision of notice as required by this ordinance, the City Council shall consider the applications. At the Council meeting or subsequent meeting the City Council shall, by majority vote of those present and voting, determine whether compensation is granted, the amount of compensation, whether any exceptions to the requirement for compensation apply or whether the regulation should be deemed not to apply to the applicants' property. b. Notice ofthe City Council's intent to consider the application shall be mailed to the applicants and property owners within 300 feet of the applicants' property no later than 7 days prior to the initial meeting at which the Council will consider the application. 1.28.040 Complete Application Required. No application for compensation shall be deemed to have been given, except in full compliance with the requirements of this Ordinance, and the City shall disregard any purported application for compensation which fails to comply with all of the requirements of this Ordinance. If an application shall set forth multiple claims, the application shall be deemed to have been given only with respect to such claim or claims as for which full and adequate information and supporting materials have been submitted. 1.28.050 Evidence. The burden of proof of any material element shall be upon the applicant for all matters required to be shown that the applicant is entitled to just compensation and shall be upon the City to show that the regulation is exempt from the obligation for compensation. 1.28.060. Severability. The provisions of this Ordinance are severable, and if any phrase, clause or part of this Ordinance is found by a court of competent jurisdiction to be invalid or unenforceable, each and every remaining phrase, clause and part shall nonetheless remain in full force and effect. Section 2. It being deemed by the Council that the amendments to Article 1, Section 18, of the Constitution of Oregon from Ballot Measure 7, were passed November 7, 2000 by the electors of the State, the Council determines that an emergency exists and it is in the public interest and safety that this ordinance take effect immediately upon its passage by the Council and approval by the Mayor. ~ ,,^^ Passed by the Council and approved by me this ~ day of IYi~V~k/ 2000. r~,- <.~ L ~~~ti Mayor Representative -f~~ Approved by me this ~ day of ~~K`+'r~^~~<'-~~ , 2000. `~ 4n if i ~: ~~L ~ Z ~-~vlayor