A. If the council determines that a valid claim has been presented and established under this chapter and sufficient funds are available and appropriated therefor, the council may authorize payment to the claimant. The amount of payment shall be based on the council’s determination of the diminution in property value attributed to the City regulation.

B. Payment shall be tendered upon claimant’s recordation in the Washington County Department of Records and Elections of a notice, covenant, or declaration in a form approved by the city attorney that the cited regulation(s) are applicable to the property.

C. Any City payment of compensation under this chapter shall be to the owner or owners in proportion to their ownership interests in the private real property as to which a waiver of the regulation or compensation was applied for. If there is a dispute among owners as to their proportional interests in the private real property, or if the City otherwise deems it appropriate, the City shall make the payment to an escrow agent in trust for the benefit of the owners, or may interplead the payment in a legal action, for distribution to the owners based on their proportional interests as soon as the owners have resolved their dispute or agreed on the appropriate distribution. The city council may make a decision to pay compensation under this chapter conditional on the owner providing title insurance to the City, insuring the City as to the identities of the current owners of all legal, equitable, and security interests in the private real property. [BC 2.07.050, added by Ordinance No. 4472, 2/25/08]