This "Real Property Compensation Ordinance" is intended to 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 City; preserves and protects limited public funds; and establishes
a record of the City's decision capable of circuit court review.
(Ord. 1074-A § 1, 2004)
As used in this chapter, the following words and phrases mean:
"City Manager"
means the City Manager of the City of Warrenton, or designee.
"Claim"
means a claim filed under Ballot Measure 37.
"Exempt land use regulation"
means a land use regulation that:
1.
Restricts or prohibits activities commonly and historically
recognized as public nuisances under common law;
2.
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;
3.
Is required in order to comply with Federal law;
4.
Restricts or prohibits the use of property for the purpose of
selling pornography or performing nude dancing; or
5.
Was enacted prior to the date of acquisition of the property
by the owner or a family member of the owner who owned the subject
property prior to acquisition or inheritance by the owner, whichever
occurred first.
"Family member"
means and includes the wife, husband, son, daughter, mother,
father, brother, brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece,
nephew, stepparent, 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 regulation"
means and includes:
1.
Any statute regulating the use of land or any interest therein;
2.
Administrative rules and goals of the Land Conservation and
Development Commission;
3.
Local government comprehensive plans, zoning ordinances, land
division ordinances, and transportation ordinances;
4.
Metropolitan service district regional framework plans, functional
plans, planning goals and objectives; and
5.
Statutes and administrative rules regulating farming and forest
practices.
"Owner"
means the present owner of the property, or any interest
therein.
(Ord. 1074-A § 2, 2004)
Following an investigation of a claim, the City Manager shall
forward a recommendation to the City Commission that the claim be:
C. Declared
valid, and compensate the claimant upon completion of an appraisal;
or remove, modify or direct that land use regulations not be applied
to the property to allow the owner to use the property for a use permitted
at the time the owner acquired the property;
D. Evaluated
with the expectation of the City acquiring the property by condemnation.
(Ord. 1074-A § 4, 2004)
The City Commission shall conduct a public hearing before taking
final action on a recommendation from the City Manager. Notice of
the public hearing shall be provided to the claimant, to owners and
occupants of property within 300 feet of the perimeter of the subject
property, and neighborhood groups or community organizations officially
recognized by the City Commission whose boundaries include the subject
property.
(Ord. 1074-A § 5, 2004)
Upon conclusion of the public hearing, and prior to the expiration
of 180 days from the date the claim was filed, the City Commission
shall:
A. Determine
that the claim does not meet the requirements of Measure 37 and this
chapter, and deny the claim; or
B. Adopt
a resolution with findings therein that supports a determination that
the claim is valid and either direct that the claimant be compensated
in an amount set forth in the Resolution for the reduction in value
of the property, or remove, modify or direct that the challenged land
use regulation not be applied to the property to allow the owner to
use the property for a use permitted at the time the owner acquired
the property.
(Ord. 1074-A § 6, 2004)
The processing fee shall be $100.00 per claim.
(Ord. 1074-A § 7, 2004)