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Any owner of private real property who claims that there has been a constitutional taking of the owner's 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 the person is requesting review.

(2) Within 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. The name of the applicant requesting review;

b. The name and business address of the current owner of the property; the 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, the 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. The nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership and leasehold interest;

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

i. The assessed value of and ad valorem taxes on the property for the previous three years;

j. All information concerning current mortgages or other loans secured by the property, including the name of the mortgagee or lender, the current interest rate, the 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 listing of the property for sale or rent, price asked, and offers received, if any, within the previous three years;

l. All studies commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility of development or utilization of the property;

m. For income producing property, the itemized income and expense statements from the property for the previous three 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 its designee, may request additional information reasonably necessary, in its 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/official certifies to the applicant that all the materials and information required above have been received by the City. The reviewing board/official shall promptly notify the applicant of any incomplete application.

(6) The City Council, or an individual or body designated by it, 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 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 14 days, the decision appealed from shall be presumed to be approved.

(Ord. No. 94-124 Enacted 12/06/1994)