A. Filing. All claims shall be filed with the City Administrator in person or by U.S. mail. The filing date is the date the claim is received by the City.
B. Submittal Requirements:
1. Claimant shall file a fully executed and completed Measure 49 claim form provided by the Community Development Department including.
a. The name and address of each owner and the date (supported by evidence) when the property was acquired.
b. The address, if any, tax lot number, township, range and section of the property that is the subject of the claim.
c. A specific statement of the person’s desired use of the property for residential use.
d. A specific reference (or citation) to each land use regulation enacted after January 1, 2007 that is alleged to restrict the person’s desired use of the property and when the land use regulations were enacted (the reference must be specific enough to permit the City to identify the precise regulation).
e. The amount of reduction in fair market value (supported by evidence) alleged for each regulation at issue plus interest.
f. Whether a previous permit was issued for development of the property including a description of the use and case file number.
g. Whether a claim was filed for the subject property with the state or any other government.
h. Any other information reasonably related to the review and processing of the claim as required by the Community Development Director or as provided on the Measure 49 claim form.
2. Claimant shall also provide all of the following information.
a. Evidence of the acquisition date of the claimant, including the instrument conveying the property to the claimant and a report from a title company identifying the person in which title is vested and the claimant’s acquisition date and described exceptions and encumbrances to title that are of record.
b. The written consent of all of the owners if there is more than one owner.
c. A qualifying appraisal (consistent with section 12 (2) of the Measure) showing the fair market value of the property one year before the enactment of each land use regulation and the fair market value of the property one year after the enactment. The actual and reasonable cost of preparing the claim, evidenced by receipts, including the cost of the appraisal, not to exceed $5,000, may be added to the calculation of the reduction in fair market value under this subsection. The appraisal must: (1) be prepared by a person certified under ORS chapter 674 or a person registered under ORS chapter 308; (2) comply with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and (3) expressly determine the highest and best use of the property at the time the land use regulation was enacted.
d. A claim review fee to cover the actual and reasonable cost of reviewing the claim, of $750 or such other claim(s) review fee as set by Resolution of the City Council.
3. Only one claim for each property may be filed for each land use regulation.
C. Claim Review Process. The City shall:
1. Deny a claim if:
a. It is not filed within five years from the date the land use regulation was enacted;
b. An application for a comprehensive plan or zoning amendment is approved for the subject property;
c. An application to include the property within the UGB is approved; or
d. A petition to annex the property is approved by the City.
2. Determine whether a claim is complete within 60 days after receiving the claim;
3. Notify the claimant of any missing information within 60 days after receiving the claim;
4. After providing notice of missing information, deem the application complete if:
a. The claimant provides the missing information and the required fee; or
b. The claimant provides written statement that some or all of the missing information will not be provided and the required fee.
5. Deem the application complete if the City fails to notify the claimant of missing information within 60 days after receiving the claim;
6. Deem the application withdrawn if the claimant fails to provide the missing information, fee or a written statement that some or all of the information will not be provided within the time specified in the notice of missing information; and
7. Issue a final determination on a claim within 180 days from the date the claim is deemed complete.