2.07.015 Application | Beaverton Code

2.07.015 Application.

A. An application for a claim may only be filed for residential use. An application for a claim under this chapter shall be filed by an owner or the owner’s authorized agent, along with such number of copies as the director may require. The application shall be filed with the director on an application form as approved by the director, accompanied by documentation in support of the application, as listed in this subsection. Within 60 days following receipt of a claim, the director shall review the application to determine whether it is complete. If the director determines the application is not complete, the director shall, within that 60-day period, notify the claimant by sending via first-class mail of exactly what additional information is necessary to make the application complete.

B. The claim shall be deemed complete when the City receives:

1. The missing information, which may include the claim processing fee established by city council resolution;

2. Part of the missing information and written notice from the claimant that the remainder of the missing information will not be provided; or

3. Written notice from the claimant that none of the missing information will be provided.

C. If the City does not notify the claimant within 60 days after a claim has been filed, the claim will be deemed complete as of the date the claim was filed.

D. If the claimant does not respond within 30 days of the date of the City notice stated in subsection (B) of this section, the claim shall be deemed withdrawn.

E. The application shall be signed by the property owner(s), including without limitation each person having an ownership interest (as defined herein) in the private real property.

F. Unless waived by the director an application shall include the following information:

1. A description by street address, if any, and by Washington County Assessment and Taxation map and tax lot number of the property upon which the regulation is imposed;

2. A description by street address, if any, and by the county property tax assessor’s map and tax lot number of each parcel of land owned by the owner or owners of the private real property that is either directly contiguous to the property described in subsection (F)(1) of this section, or is indirectly contiguous through contiguity with another parcel under the same ownership, together with the following:

a. The date of acquisition of the property and each contiguous parcel;

b. Information showing the extent to which the owner has treated the private real property, as to which the owner is applying for compensation, and the directly or indirectly contiguous parcels as a unified use or as a single economic unit, for example in the purchase and financing of the land and in the owner’s or owners’ development of and economic planning for the land;

c. The extent to which application of the subject regulation that is being challenged enhances the value of the property and each contiguous parcel; and

d. The amount of any compensation previously paid by any unit of government under Measure 49 in relation to each such parcel;

3. Proof of Ownership. A copy of the instrument conveying the property to the claimant along with a title report issued within 30 days of the date of the application and by a property title insurance company authorized to conduct business within the State of Oregon and insuring to the City that the claimant is the property owner of the real property. Such report shall name all persons with legal, equitable and security interests in the property and the date and instrument showing the time and manner in which such property interest or interests were established. Claimant shall also submit a complete list of all other interests or encumbrances, including without limitation leases and encroachments, of which the claimant is aware or has reason to think may exist;

4. Identification of the regulation enacted after January 1, 2007, that has reduced the fair market value of claimant’s property;

5. Claimant’s desired specific use of the property and how that use is restricted by the land use regulation adopted after January 1, 2007;

6. That the claim has been filed within five years of the date of the enactment of the regulation;

a. A statement of the amount of the claim in dollars based on claimant’s alleged reduction in fair market value resulting from application of the City regulation; and

b. An appraisal of the subject property showing the reduction in the fair market value of the property as that reduction is defined under Measure 49. The opinion of compensable reduction in fair market value shall be apportioned among each regulation such that the City may separately consider the alleged impact on fair market value of each regulation. The appraisal shall be prepared and signed by a person certified under ORS Chapter 674 or a person registered under ORS Chapter 308. The appraisal shall:

i. Show the fair market value of the property one year before the enactment of the land use regulation that is the basis of the claim;

ii. Show the fair market value of the property one year after the enactment of the land use regulation that is the basis of the claim;

iii. Calculate separately the fair market value of multiple land use regulations, if more than one land use regulation is the subject of the claim, in the same manner as identified in subsections (F)(7)(b)(i) and (ii) of this section. The values of the separate land use regulations shall be added together to calculate the total fair market value;

iv. Show the fair market value of each single-family dwelling to which the claimant is entitled, but in no case shall the number of detached dwellings exceed 10 dwellings;

v. Show evidence of any ad valorem property taxes not paid, any severance taxes paid and any recapture of additional tax liability that the owner has paid or will pay for the property if the property is disqualified from special assessment under ORS 308A.703;

vi. Comply with the Uniform Standards for Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989;

vii. Expressly determine the highest and best use of the property at the time the land use regulation was enacted;

c. An itemization of any prior payments made to the property owner relating to a claim on the property, including any contiguous parcels under substantially the same ownership;

d. Any other relief sought by the claimant from other governments;

e. Copies of all appraisals, market studies, economic feasibility studies, development schemes, environmental assessments or similar studies related to the property prepared within the two-year period prior to submittal of the claim;

8. A waiver of any claims for regulations not identified;

9. Exemptions. A statement, including analysis, as to why the regulations are not exempt from application for compensation under Measure 49, including:

a. Imposition, to the extent required, of a regulation to implement a federal requirement;

b. Regulation prohibiting the use of the property for the purpose of selling pornography or performing nude dancing;

10. All other documents, information or argument to be relied upon by the claimant in support of the application;

11. An application fee as established by resolution and amended from time to time by the city council;

12. A sworn statement that the information submitted is true and complete to the best knowledge and belief of the claimant. [BC 2.07.015, added by Ordinance No. 4472, 2/25/08]