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1.23.040. Review of decision

            Any owner of private real property who claims there has been a constitutional taking of their private real property shall request a review of a final decision of any officer, employee, board, commission, or council.  The following are specific procedures established for such a review:

            (1)        The person requesting a review must have obtained a final and authoritative determination, internally, within the City, relative to the decision from which they are requesting review.

            (2)        Within thirty (30) days from the date of the final decision that gave rise to the concern that a constitutional taking has occurred, the person requesting the review shall file in writing, in the office of the City Recorder, a request for review of that decision.  A copy shall also be filed with the City Attorney.

            (3)        The City Council, or an individual, or body designated by the City Council shall immediately set a time to review the decision that gave rise to the constitutional takings claim.

            (4)        In addition to the written request for review, the applicant must submit, prior to the date of the review, the following:

                        (a)        name of the applicant requesting review;

                        (b)        name and business address of current owner of the property, form of ownership, whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other, and if owned by a corporation, partnership, or joint venture, name and address of all principal shareholders or partners;

                        (c)        a detailed description of the grounds for the claim that there has been a constitutional taking;

                        (d)        a detailed description of the property taken;

                        (e)        evidence and documentation as to the value of the property taken, including the date and cost at the date the property was acquired.  This should include any evidence of the value of that same property before and after the alleged constitutional taking, the name of the party from whom purchased, including the relationship, if any, between the person requesting a review and the party from whom the property was acquired;

                        (f)        nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest;

                        (g)        terms (including sale price) of any previous purchase or sale of a full or partial interest in the property in the three (3) years prior to the date of application;

                        (h)        all appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three (3) years prior to the date of application;

                        (i)         the assessed value of and ad valorem taxes on the property for the previous three (3) years;

                        (j)         all information concerning current mortgages or other loans secured by the property, including name of the mortgagee or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, right of purchasers to assume the loan;

                        (k)        all listings of the property for sale or rent, price asked and offers received, if any, within the previous three (3) years;

                        (l)         all studies commissioned by the petitioner or agents of the petitioner within the previous three (3) years concerning feasibility of development or utilization of the property;

                        (m)       for income producing property, itemized income and expense statements from the property for the previous three (3) years;

                        (n)        information from a title policy or other source showing all recorded liens or encumbrances affecting the property; and

                        (o)        the City Council or their designee may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning whether there has been a constitutional taking.

            (5)        An application shall not be deemed to be "complete" or "submitted" until the reviewing body certifies to the applicant, that all the materials and information required above, have been received by the City.  The reviewing body shall promptly notify the applicant of any incomplete application.

            (6)        The City Council, or an individual or body designated by them, shall hear all the evidence related to and submitted by the applicant, City, or any other interested party.

            (7)        A final decision on the review shall be rendered within fourteen (14) days from the date the complete application for review has been received by the City Recorder.  The decision of the City Council regarding the results of the review shall be given in writing to the applicant and the officer, employee, board, commission, or council that rendered the final decision that gave rise to the constitutional takings claim.

            (8)        If the City Council fails to hear and decide the review within fourteen (14) days, the decision appealed from shall be presumed to be approved.


Ord. No.97-35, Recodified, 6/19/1997

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