HomeMy WebLinkAboutOrdinance 6126 04/04/2005
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ORDINANCE NO. 6126
AN ORDINANCE CONCERNING REAL PROPERTY COMPENSATION AMENDING
SECTION 2.920 "DEFINITIONS" (1) "APPRAISAL", SECTION 2.920 "EXEMPT
LAND USE REGULATION (4)(b),SECTION 2.930 "DEMAND APPLICATION",
SECTION 2.940 "APPLICATION REVIEW CRITERIA" (2), SECTION 2.942
"INITIAL NOTICE OF DEMAND AND RECOMMENDATION BY CITY MANAGER",
SECTION 2.950 "CONDITIONS OF APPROVAL, REVOCATION OF DECISION,
GOVERNMENT AND ADMINISTRATION" AND SECTION 2.953 "CITY COUNCIL
DECISION EFFECT" OF CHAPTER 2 "GOVERNMENT AND ADMINISTRATION
OF THE SPRINGFIELD MUNICIPAL CODE, DECLARING AN EMERGENCY AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Springfield enacted Ordinance No. 6102 on November 29, 2004
to implement Ballot Measure 37 approved by the voters of the state of Oregon on
November 2, 2004 which amended Oregon Revised Statutes Chapter 197 to require
under certain specific circumstances, payment of compensation to the present owner of
real property if government land use regulations reduce fair market value; and,
WHEREAS, since enactment of that Ordinance the Development Services Department
and the office of City Attorney have had the opportunity to review and become more
familiar with issues regarding the enactment of Ballot Measure 37; and,
WHEREAS, on the basis of that review the Development Services Department and City
Attorney staff is recommending certain refinements to the City of Springfield's
procedures for processing of demands for just compensation made under Ballot
Measure 37; and,
WHEREAS, the Common Council has reviewed the recommended refinements and
desires to amend the City of Springfield procedures to reflect such recommendations.
NOW THEREFORE, based upon the foregoing recitals the Common Council ordains as
follows:
1. Section 2.920 "Definitions" (1) "Appraisal" of the Springfield Municipal Code is
amended to read as follows:
(1) Appraisal. Means a written statement prepared by an appraiser
licensed by the Appraisal Certification Licensure Board of the State of
Oregon and who is not a business partner nor family member of any
owner of the property or a person financially benefiting from the appraisal
except for fees paid for services rendered.
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2. Section 2.920 "Definitions" (4) "Exempt Land Use Regulation" subsection (b) of
the Springfield Municipal Code is amended to read as follows:
. "(b) Restricts or prohibits activities for the protection of public health and
safety such as fire and building codes, health and sanitation regulations,
solid or hazardous waste regulations, drinking water protection, and
pollution control regulations."
3. Section 2.930 "Demand Application" subsection (6) of the Springfield Municipal
Code is amended by the addition of a new subsection (d) to read as follows:
"2.930 Demand Application.
(6) A statement specifying:
(d) Any land use regulations affecting the property prior to the application of the
identified land use regulation."
4. Section 2.940 "Application Review Criteria" (2) is amended to read as follows:
"Section 2.940 "Application Review Criteria" "(2) If the owner does not qualify for
compensation consideration, the City Manager shall inform the owner and the
requirements of Sections 2.942 and 2.945 shall not apply."
. 5. The title of Section 2.942 "Initial Notice of Demand and Recommendation by City
Manager" is hereby amended to read as follows:
"Public Meeting Notice and Recommendation by City Manager"
6. Section 2.942 "Public Meeting Notice and Recommendation by City Manager"
(2)(e) is hereby amended to read as follows:
"(e) Provide the date for a Public Meeting including the date, time and location of
the meeting, and where oral and written comments may be provided."
7. Section 2.942 "Public Meeting Notice and Recommendation by City Manager" (3)
is hereby amended to read as follows:
"(3) Written comments regarding a Demand may be submitted to the City
Manager. The Owner shall have an additional 14 calendar days after the
deadline set in paragraph 2( d), above, to respond to any written comments
received by the City Manager. It is the duty of the Owner to determine if
comments have been received by the City Manager."
8. Section 2.942 "Public Meeting Notice and Recommendation by City Manager" (4)
. is hereby deleted.
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ORDINANCE NO. 6126
9.
Section 2.942 "Public Meeting Notice and Recommendation by City Manager" (5),
(6) and (7) are hereby renumbered as sections (4), (5) and (6).
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10. The caption for the heading of Section 2.950 "Conditions of Approval, Revocation
of Decision and Transfer of Approval Rights" of the Springfield Municipal Code is
hereby amended to read as follows:
"2.950 Conditions of Approval, Revocation of Decision."
11. Section 2.953 "City Council Decision Effect" of the Springfield Municipal Code is
amended in subsection (2) to read as follows:
"Except as specified in 2.953(3) and (4) unless otherwise stated in the
City Council's decision, any action taken under this Article to remove,
modify or not apply application of an identified land use regulation shall
be transferrable to a future purchaser of the property to the extent
required by Ballot Measure 37, All conditions, time limits or other
restrictions imposed with the approval of a Demand shall bind all
subsequent owners of the subject property."
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12. Severability. The City of Springfield hereby declares that should any section,
paragraph, sentence or word of this Ordinance or of the Code or Standards
hereby adopted be declared for any reason to be invalid, it is the intent of City of
Springfield that it would have passed all other portions of this Ordinance
independent of the elimination herefrom of any such portions as may be
declared invalid.
13. Emergency Clause and Effective Date. This Ordinance, being essential to the
preservation of the health, safety, welfare and financial integrity of the City with
amendments to Oregon Revised Statutes Chapter 197, from Ballot Measure 37,
passed November 2, 2004, becoming effective on December 2, 2004, and it is
essential to have a process in place for reviewing Demands under the law on the
effective date of Ballot Measure 37, an emergency is hereby declared to exist
and this Ordinance is effective on the date approved by the Ma or.
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Ayes: 6
Nos: 0
Apfroved ~ ~or
(fY'd 4.01005
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ORDINANCE NO. 6126