18.5.10.040 City Manager Review and Decision
A. Claims Review Process. Upon receipt of a filing, the City Manager shall follow the claims review process under section 18.5.10.030.
B. Review Criteria. The City Manager shall determine whether to approve or deny the claim based upon the criteria and standards in Ballot Measure 49 and based upon a demonstration by the owner that all of the following requirements are met.
1. A City land use regulation enacted after January 1, 2007 and after the property was acquired by the owner(s) restricts the owner’s desired residential use of the property.
2. The City land use regulation has the effect of reducing the fair market value of the property.
3. The highest and best use of the property at the time the property was acquired is the owner’s desired use of the property.
4. The land use regulation is not an exempt land use regulation under the terms of Ballot Measure 49.
5. The time limitations for filing a claim, as specified in Ballot Measure 49, have not been exceeded.
6. All other requirements of law, including Measure 49 requirements not specifically stated herein, have been met.
C. Acquisition Date. The date the property was acquired is:
1. The date the claimant became the owner of the property as shown in the deed records of Jackson County;
2. If there is more than claimant for the same property under the same claim and the claimants have different acquisition dated, the acquisition date is the earliest of those dated;
3. If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the claimant’s acquisition date is the date the claimant was married to the deceased spouse or the date the spouse acquired the property, whichever is later. A claimant or a surviving spouse may disclaim relief by using the procedure provided in ORS 105.623 to 105.649; and
4. If a claimant conveyed the property to another person and reacquired the property, whether by foreclosure or otherwise, the claimant’s acquisition date is the date the claimant reacquired ownership of the property.
D. A default judgment entered after December 2, 2004, does not alter a claimant s acquisition date unless the claimant’s acquisition date is after December 2, 2004.
E. Notice of Opportunity to Comment of Staff Report. If a claim is deemed complete and is not rejected, the City Manager shall draft a staff report. No less than 30 days notice of an opportunity to submit written comments on the staff report shall be sent to the following.
1. The claimant or representative and all owners of the subject property known to the City.
2. All property owners of record within 100 feet of the subject property.
3. Any formally recognized City neighborhood association in which the subject property is located.
4. The Oregon Department of Land Conservation and Development.
5. Any special district or school district in which the property is located or which has requested notice.
6. Jackson County.
F. The notice shall contain all of the following information.
1. The address, if any, tax lot number, township range and section of the property that is the subject of the claim and the date when the property was acquired.
2. A statement of the claim, including the owner’s desired use of the property for residential use.
3. A summary of the staff report including the number of dwellings, lots or parcels as well as the specific regulations alleged to restrict the use of the property.
4. A statement that the claim, staff report and any information submitted is available at the Community Development Department, 51 Winburn Way, Ashland, Oregon 97520, for inspection or copying at cost and the phone number of a City staff contact.
5. A statement that all persons may submit written comments, evidence and arguments within the comment period which shall end on a date certain as specified in the notice (not less than 30 days from the date the notice is mailed).
6. A statement that judicial review of the final determination on the claim is limited to the written evidence and arguments submitted to the City while the record is open.
7. A statement that prior to the end of the comment period the claimant may request an additional seven days to respond to new evidence or to submit final arguments.
8. A statement that judicial review is available only for issues that are raised with sufficient specificity to afford the public entity an opportunity to respond.
9. Any other information as deemed necessary by the City Manager.
G. The City Manager shall consider comments actually received by the conclusion of the comment period and such other information as the City Manager deems relevant and material. Any request by claimant to respond to new evidence or to submit final arguments must be submitted before the close of the written comment period as provided in the notice. The claimant shall receive seven days to submit such evidence or argument.
H. Final Waiver or Rejection of Claim. A decision to issue a waiver or reject a claim shall be reduced in writing and signed by the City Manager. The City Manager may waive some regulations identified in the claim and deny waiver of others. The City Manager may not waive regulations that are not specified in the claim. The City Manager may impose reasonable conditions on the waiver to protect the public interest.
I. Notice of Final Waiver or Rejection of a Claim. The City Manager shall send notice and a copy of the decision to the claimant. Notice of the final decision shall also be sent to anyone who submitted any written evidence or arguments prior to the close of the comment period and to all persons entitled to notice of the comment period. The notice shall contain a brief description of the waiver, if any, including a listing of all regulations that the City Manager has decided to not apply and the specific number of dwellings, lots or parcels authorized by the waiver. The notice also shall state that a claim has been, or may need to be, filed with the State, or other entity, if the City Manager thinks that a state or other governmental regulation is implicated.
J. The City Manager may forward a claim to the City Council for a public hearing and decision in accordance with section 18.5.10.050 and this section. The City Manager shall consider such factors as: the amount of compensation at issue; the nature of the proposed use or development, if any; and the impact of the proposed use or development. The decision of the City Manager to forward the claim to the Council is final and not subject to appeal. The Council, however, may summarily and without notice or hearing elect to return the claim to the City Manager for a decision. (Ord. 3192 § 120, amended, 11/17/2020)