2007-95-Ordinance No. 2007-008 Recorded 2/8/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ 7~01~95
REV ED NANCY BLANKENSHIP, COUNTY CLERK YV i rl
W COMMISSIONERS' JOURNAL 0210812001 03;47;40 PM
LEGAL COUNSET, jjj1jI 11111111111111111111
I
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 14. 10, Private
Property Compensation Claims, of the Deschutes * ORDINANCE NO. 2007-008
County Code and Declaring an Emergency
WHEREAS, the Board of County Commissioners has determined it is necessary to amend Deschutes
County Code Chapter 14.10, Private Property Compensation Claims, and apply such dhanges to claims which
have been riled, but not yet finally decided.; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. AMENDMENT. Deschutes County Code Chapter 14.10, Private Property Compensation
Claims, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in GtFikethFeugh.
Section 2. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
DATED this _ day of 2007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
MICHAEL M-.%A , Chair
PAGE 1 of 2- ORDINANCE No. 2007-003 (1/31/07)
Date of I" Reading: ~ day of q4b- 12007.
Date of 2°d Reading: J i day of ~P.f/j 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke r/
Michael M. Daly ✓
Tammy Baney ~y n^
Effective Date: J i day of 2007
ATTEST:
&V44.4~ &X4A-
Recording Secretary
PAGE 2 of 2- ORDINANCE No. 2007-003 (1/31/07)
Chapter 14.10. PRIVATE PROPERTY
COMPENSATION
CLAIMS
14.10.010. Purpose and Scope.
14.10.020. Definitions.
14.10.030. Claim.
14.10.040.
Claim contents.
14.10.050.
Extension.
14.10.060.
Reduction In Value Evidence.
14.10.070.
Public Comment Process.
14.10.080.
Claim eligibility criteria.
14.10.090.
Claim Review Procedure.
14.10.100.
Board decision.
14.10.110.
Effect of decision to discontinue the
application of a regulation.
14.10.120.
Effect of payment of compensation
claim or issuance of waiver.
14.10.130. Recording of decision.
14.10.140. Procedural objections.
14.10.010. Purpose and Scope.
A. The purpose of DCC 14.10 is to establish a
prompt, open, thorough and consistent process
that enables property owners an adequate and
fair opportunity to present their claims to the
County; preserves and protects limited public
funds; authorizes, where appropriate, the
modification, removal or waiver of County
regulations; and establishes a record of the
County's decision capable of judicial review.
B. The provisions of DCC 14.10 shall apply to any
claim for compensation by an owner of private
real property against the County, which claim is
made pursuant to an initiative measure
approved by the electors in the November 2004
general election and
efcodified in ORS C-hapteF 197.352, and any
law or regulation adopted by the State any
interpretation by a court which amends or
modifies such measure (collectively referred to
herein as "Measure 37").
C. The provisions of DCC 14.10 establish a
process for consideration of Measure 37 claims
based on County regulations and do not affect any
land use regulations adopted by the State.
14.10.020. Definitions.
A. As used in this chapter, words and phrases shall
have the same meaning as those contained in
Measure 37.
B. "Administrator" means the County
Administrator or the Administrator's designee.
C. "Appraisal" means an examination of and
opinion about the fair market value of real
property issued by a certified general appraiser,
licensed by the Oregon Appraiser Certification
and Licensing Board and for the type of
property under consideration. Appraisal shall
include an opinion of fair market value of real
property made by an appraiser in the office of
the Deschutes County Assessor.
D. "Claimant" means the property owner for which
a claim is made pursuant to this Chapter.
E. "Claim Eligible" means a finding by the County
that the criteria for compensation payment,
pursuant to the terms of this Chapter, have been
met.
F. "Community Development Department" or
"CDD" means the County office designated to
receive, evaluate and solicit and coordinate
public comments concerning Claims submitted
under Measure 37.
G. "Director" means the Director of the
Department of Community Development or the
Director's designee.
H. "Exempt Regulation" means a regulation that is
any of the following:
1. A historically and commonly recognized
public nuisance law;
2. A regulation which is required in order to
comply with federal law or the terms of a
federal grant;
3. A regulation which prohibits or restricts
activities for the protection of public health
and safety, including fire and life safety and
building codes, health and sanitation
regulations, solid or hazardous waste
regulations and pollution control
regulations;
4. A regulation enacted prior to the date of
acquisition of the property by the current
property Owner or a family member of the
current property Owner who owned the
Page 1 of 9 - Exhibit "A" to Ordinance No. 2007-008
subject property prior to the acquisition or
inheritance by the current Owner;
5. A regulation prohibiting the use of property
for selling pornography or performing nude
dancing; or
6. Any regulation determined or declared by
judicial decision or legislative act to be
exempt.
1.
"Fair Market Value" means the price stated in
terms of dollars that a willing buyer would pay
for the real property without any obligation to
buy from a willing seller without any obligation
to sell. "Reduction in fair market value" means
the difference in fair market value of the
property before and after application or
enforcement of the regulation.
"Federal Requirement" means a statute, code or
regulation adopted by the U.S. Congress or any
federal agency or state agency delegated to act
in the name of a federal agency, which imposes
upon the state or local governments or both an
obligation to enact or enforce regulations over
the use of real property, whether directly or by
the terms or conditions of the grant or the
receipt of federal funds.
K. "Nuisance" means a structure or condition on
property arising from any act or omission,
which unreasonably interferes with a right
common to members of the general public and
not necessarily related to the use and enjoyment
of land by any person other than the owner of
the property that is the situs of the nuisance.
equitable, future or contingent interest in all or
any portion of the property.
-Real Property does not include public property„
personal prepeFr-y of easements ever; abeve E)r
eth ndie t pe ty shall ffleaft ea
0. "Waiver" means a license issued by the County
which in accordance with its terms modifies,
removes, releases or does not apply certain non-
exempt County land use regulations from a
property determined to be claim eligible, and
which
the Geunt" F em any f6f1her or ~,t 1
uav ,
aerie n °r- a°fna-ia r-elating t° theconsists of and
includes the rights and privileges accorded by
Claimant's real pr-epefty based upen Measure
37. Waiver includes all terms and conditions
attached thereto by the County.
(Ord. 2007-008 § 1, 2007; Ord. 2004-022 § 1, 2004)
14.10.030. Claim.
A.
Any claim seeking compensation from the
County pursuant to Measure 37 shall be made
on a claim form complying with the
requirements of DCC 14.10.040 and
accompanied by the required fee. A claim shall
not be deemed filed until and unless the t -
form is-shall be fully and properly completed
with the inclusion of such information as is
required by the form and the completed form is
actually received at the offices of the
Community Development Department.
Notwithstanding subsection (A) of this section
and subsection (A) of section 14.10.040, the
Administrator may allow the acceptance and
processing of an incomplete claim upon the
preliminary determination that the particular
claim appears to be claim eligible even in the
absence of all of the required data.
L. "Person" means and includes individuals,
corporations, associations, firms, partnerships, B
limited liability companies and joint stock
companies.
M. "Property Owner" or "Owner of Property"
means the _ present owner of property, or anv
interest therein, as provided under Measure 37.a
per-sen with r-eeefded interest in private, real
prepertymrluding holders of less th-An zee
interest holdefs.
N. "Real Property" means any lot, parcel or tract or
any combination thereof, that is owned by a
Claimant, including structures built or located
on the real property, and any recordable legal,
C. For regulations enacted prior to December 2,
2004 a claim shall be filed no later than two
years after December 2, 2004 or the date the
County applies such regulation as an approval
criteria to an application for land division or
development by the property Owner. For
regulations enacted after December 2, 2004 a
claim shall be filed no later than two years after
Page 2 of 9 - Exhibit "A" to Ordinance No. 2007-008
the enactment of such regulation or the date the
owner applies for land division or development
approval and the County applies such regulation
to the owner's application.
D. The Director is not authorized to settle any
claim. Any omission or failure to recite to a
Claimant all relevant applicable land use
regulations will not constitute a waiver or
admission by the County. A decision by the
Director to allow the acceptance and processing
of an incomplete claim shall not preclude the
Director from recommending denial to the
Board.
E. The Director is authorized to prepare and
implement one or more forms for the processing
of claims consistent with this chapter and
Measure 37. Such form may consist of or
include an affidavit or statement submitted
under penalties of perjury that the information is
true to the best of the submitter's information or
belief.
(Ord. 2007-008 § 1, 2007; Ord. 2005-018 § 1, 2005;
Ord. 2004-022§ 1, 2004)
14.10.040. Claim contents.
A claimant shall furnish the following information:
A. Fee. A nonrefundable fee of not less than the
fee established by resolution of the Board of
County Commissioners to be paid in advance of
acceptance for filing. The fee will be used to
cover the County's costs of review and
processing.
B. Property Owner. Identification of the name,
mailing address, street address, and phone
number of the person filing the claim for
compensation. If the person filing the claim is
not the fee title owner of the property, the
required information shall be provided with
regard to all owners of the property.
C. Property Description. A legal description of the
property by lot and tax lot number that is the
subject of the claim and the common, street
address for the property.
D. Proof of Ownership. A title report issued within
30 days of the date of the claim and by a
property title insurance company authorized to
conduct such business with the State of Oregon.
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. If the property is not
in the exclusive fee ownership of the Claimant,
then the County may require the Claimant to
certify that the Claimant has the consent to
proceed with the claim on behalf of all other
owners, including co-owners and all security
interests in the property. The name and mailing
address of all owners other than the Claimant
must be provided. The title report must also
specify any restrictions on use of the property
unrelated to the challenged regulation including,
but not limited to, any restrictions established
by Covenants, Conditions and Restrictions
(CC&Rs), other private restrictions, and other
regulations, restrictions or contracts.
E. Ownership History. Where the claim concerns
application or enforcement of County
regulations in effect prior to Claimant's
acquisition of the property, Claimant shall
provide a title report or, m h 4 F of a title
history, including a statement of the date(s)
when the Claimant and the Claimant's earliest
family member first acquired ownership of the
property, the names of earliest and each
succeeding family member, the dates of each
acquisition and disposition of all intervening
owners of the property from the earliest family
member to that of the Claimant. The Claimant
shall also furnish evidence showing the family
relationship between and among all prior
owners to establish that no gaps when a family
member of the Claimant did not own the subject
property.
F. Identification of Regulation. A copy of or
reference to each and every County regulation
that allegedly restricts the use of the real
property and has allegedly caused a reduction in
the fair market value of the subject property,
including a statement by the Claimant of the
date each regulation was first passed, or first
applied to or-first enforced on the subject
property.
G. Enforcement of County Re lation. A notice of
disposition or other public record showing
whether the Claimant has applied, using all
applicable procedures, for a permit, for land
Page 3 of 9 - Exhibit "A" to Ordinance No. 2007-008
division and/or for development of the property
which is the subject of the claim; for
amendment or elimination of the regulation in
question, or, if not allowed, a variance from its
terms; whether enforcement proceedings have
occurred with respect to the Claimant's use of
the property; whether the Claimant has pursued
and exhausted all local appeals available for the
development, amendment or enforcement of the
regulation(s) that is alleged to have caused a
reduction in the fair market value of the subject
property requiring compensation; and the results
or final disposition of all such procedures. In
the absence of any records of the foregoing the
Claimant shall demonstrate that submitting an
application for land division and/or
development of the property subject to the
regulation(s) would be futile, because the
County would deny such application.
Notwithstanding the sentence, for
claims filed after December 4, 2006 the
Claimant shall apply, using all applicable
procedures, for a permit, for land division
and/or for development of the property which is
the subject of the claim, for amendment or
elimination of the regulation in question, or, if
not allowed, a variance from its terms, or shall
demonstrate that enforcement proceedings have
occurred with respect to the Claimant's use of
the property.
H. Reduction in Value. Claimant shall provide
written evidence of the amount of the claim in
dollars based on the alleged reduction in the fair
market value of the property resulting from the
enforcement of the County's non-exempt land
use regulation. The amount of the alleged
reduction in the fair market value of the
property shall be indicated by showing the
difference in the fair market value of the
property, determined before and after
application or enforcement of the County's non-
exempt land use regulation(s).
lneet tiaifefm standardsof Professional
by an appraiser- whe meets the Competency
Rule of USPAP. The appraisal must be in a self
„
eontained format and must be "e I . « " The appFaisal shall addfess the
speeifie limitations set forth in DGG 14.10.060,
Any Feduetien-in value-evidenee shall
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Effect of County Waiver. A statement
explaining how the County's enforcement of the
regulation restricts the use of Claimant's
property. The Claimant must explain the effect
that County's waiver of enforcement or
application of the regulation(s) on the property
would have on the Owner's potential
development of the property, stating the greatest
degree of development that would be sought if
the identified regulation(s) was released from
the property. The Claimant shall also furnish a
statement of the greatest degree of development
that would be sought if the identified
regulation(s) was not released from the
property.
J.
by all Owner-" e f the r pe,.t y that ..11 alai"" that.
maybe-breeder DGG 14.10 which are
r-ipe eA the time of filing the elaim hm,e been
brought or- are iffeveeably waived by the
Ownef(s) er- will be joined in a single legal
°e'ding if tl e „ 1.,:.,, is denie'd by the Count"
Signature. The claim form shall be signed by or
on behalf of the Claimantell Owners of the
pr-eperPy•
K. Notwithstandins a Claimant's failure to provide
all of the information required under this
section, the Countv may review and act on a
claim.
(Ord. 2007-008 § 1, 2007; Ord. 2006-024 § 1, 2006;
Ord. 2005-018 § 1, 2005; Ord. 2004-022§ 1, 2004)
14.10.050. Extension or Amendment.
A. after filing a claim, the Claimant may elects
to apply to the County for a permit, land
division or development of the subject property
in order to establish that the result of such
application would be denial by the County and
thus demonstrate application or enforcement of
a non-exempt County land use regulation to the
subject property. The Claimant may also
request in writing an extension of County's
consideration of the claim. In either event,-men
the County will leave the Claimant's claim
Page 4 of 9 - Exhibit "A" to Ordinance No. 2007-008
under this chapter open, so as to allow the
Claimant an opportunity to resume the claim. -A
request for extension shall be deemed to be a
waiver of the 180 day timeframe in which the
County must respond to the claim
B. After filing a claim the Claimant may request
that the Coun permit Claimant to amend the
claim. Such request shall be submitted in
writing and signed by or on behalf of the
Claimant. A request for amendment shall be
deemed to be a waiver of the 180-day
timeframe in whch the County must respond to
the claim. Notwithstanding the foregoing, the
County may approve or deny the request for
amendment in its sole discretion.
(Ord. 2007-008 § 1 2007; Ord. 2005-018 § 1, 2005;
Ord. 2004-022 § 1, 2004)
14.10.060. Reduction in Value Evidence.
The preferred evidence of reduction in value is an
appraisal as defined in 14.10.020 C. Any evidence
offered to support a claim for compensation
pursuant to the terms of this chapter shall be subject
to the following special requirements:
A. The appraisal test expfes*should note all
existing infrastructure limitations and value the
property without an assumption that the
infrastructure will be improved at governmental
expense or through discretionary governmental
action. Infrastructure includes but is not limited
to water, sewer, vehicle access, law
enforcement, fire protection and other necessary
public services and utilities.
B. The appraisal's sidef4ie evidence of the
reduction in fair market value shall be limited to
the difference in the fair market value of the
property before and after the application of the
non-exempt County land use regulation(s). The
analysis evidence shall distinguish the effect or
damage that may result to the property based
upon laws or regulations that are exempt
regulations or are not County regulations. The
analysis shall not inelude eensidefation of an
an), ethef propeft~, owned by the Claifflaflt.
C. The appfaisal- shall speeiAeall id t'P th
e€fee-t-en- maf•l et-value f•em appi ea4ie . e
eflfOFeement of Count), fegulations, of exempt
stieh as State and federal r-egtileAieas.
l--The aaisal -evidence should
consider the market effect of Measure 37 on the
availability of other real property including the
extent to which the supply of such other real
property is or will be increased due to the
repeal, waiver or non-enforcement of
nonexempt County land use resulting from
Measure 37.
elearly state:
E. Written evidenee of r-eduetien value 1 . The assumptions related to the Fegulation(s)
r-estfieting the use(s) of the pr-epefty;
2. The da#es-of valuatien;
3. The assumptions related to uses allowede
the pfepefl~, if the fegulation had not been
applied;
Any statistieal,esenernie, a ,Ememetrie, eF
other- ealeulations, d l t4 d a
to determine feduetion in ;
5. The eempar-able pfopefties evaluated; an
6. The methedelegy used by the appraiser- t
detefmine the-reduetion in fair m ket
value.
7. The nafne of the pr-epar-er- and theif
F-. D. Nothing contained herein shall be construed
as prohibiting the County from considering an
appraisal prepared by an appraiser on staff of
the Deschutes County Assessor or and other
evidence relating to the e#aimreduction in value
evidence.
(Ord. 2007-008 § 12007; Ord. 2005-018 § 1, 2005;
Ord. 2004-022 § 1, 2004)
14.10.070. Public Comment Process
A. The Director shall send by regular first class
mail notice of the claim within 10 days of
submittal of a claim to the owners of property
within 250 feet of the subject property. For
purposes of identifying addressees, the County
shall use the property ownership records of the
County Assessor. Such notice shall include the
following information.
1. The nature of the claim °^a th° Ra Fe °r'
Page 5 of 9 - Exhibit "A" to Ordinance No. 2007-008
2. The eligibility criteria set forth in DCC
14.10.080.
3. The street address or easily understood
geographical reference to the subject
property;
4. The date and location by which written
comments must be received; and
5. That a copy of the claim, all documents and
evidence submitted by or on behalf of the
Claim and the applicable criteria are
available for inspection at no cost and will
be provided at reasonable cost.
B. Failure of the Director to give notice or the
failure of any person to receive notice as
provided in this section shall not invalidate any
action of the County under this chapter.
C. Any person may submit written comments on
the claim.
D. The Administrator shall consider written or
email comments received before the
Administrator reports to the Board and shall
forward such comments to the Board.
(_Ord. 2007-008 § 1 2007- Ord. 2004-022 § 1, 2004)
14.10.080. Claim eligibility criteria.
A claim for compensation shall be deemed claim
eligible only if all of the following criteria have
been met:
A. The Claimant is the property owner and the
subject property has been owned by the
Claimant or by a family member of the
Claimant continuously since before adoption or
the effective date of the county land use
regulation which the Claimant allegeiis shown
to have caused a reduction in the value of
Claimant's property. If the regulation was
adopted in any fashion other than an ordinance,
the Claimant must establish that he/she was the
Owner or a related family member Owner of the
property in question on the date that the
regulation was first eligible for administrative or
judicial enforcement in the County.
B. It must be determined that the County
regulation in question is not an exempt
regulation.
C. The cited regulation(s) is a qualifying land use
regulation entitling the property owner to
compensation or waiver of the regulation on use
of the property under Measure 37.
D. The provisions of Measure 37 and/or any law or
regulation adopted by the State which modifies
or implements such measure are in full lawful
effect.
(Ord. 2007-008 § 1 2007; Ord. 2005-018 §1, 2005;
Ord. 2004-022 § 1, 2004)
14.10.090. Claim Review Procedure.
A. The Administrator shall have the duty to
analyze claims for compensation and make a
recommendation to the Board on the disposition
of the claim. The Administrator may, in the
Administrator's discretion, retain the services of
an appraiser or any other qualified expert to
review or critique appraisals and other
information and documentation provided by the
Claimant and/or to appraise the property and the
claim for compensation for the purposes of
determining whether or not the cited regulation
has had the effect of reducing the fair market
value of the property and for other purposes
relevant to the claim. Nothing contained in this
chapter shall be construed as preventing the
County Assessor or its appraisal staff from
analyzing and furnishing an opinion as to
reduction in fair market value of property
resulting from enforcement of one or more
County land use regulations. The Adminis-
trator's recommendation shall advise whether or
not the claim has been determined to be claim
eligible and may include a recommendation
concerning disposition of the claim.
B. Upon the completion of the recommendation
the Administrator shall submit the same to the
Board, together with ten-public comments
received in writing or via e-mail.
C. The Claimant or any person entitled to notice in
accordance with DCC 14.10.070 may present
oral comments and rebut evidence in the record,
including the Administrator's report at the
Board meeting in which the Administrator's
recommendation is presented. A public hearing
shall not be required.
D. The Board shall consider the matter at a regular
or special meeting for which notice is given as
required by law.
Page 6 of 9 - Exhibit "A" to Ordinance No. 2007-008
(Ord. 2007-008 ~ 12007; Ord. 2005-018 § 1, 2005;
Ord. 2004-022 § 1, 2004)
14.10.100. Board decision.
A. The Board shall review the Administrator's
recommendation and any testimony, written
comments or other documents submitted in
support of or opposed to the claim and
determine whether or not the claim is, in fact,
claim eligible.
B. Prior to making a decision, members of the
Board shall not communicate directly or
indirectly with any party or the party's
representative in connection with any issue
involving the pending claim. Should such
communication - whether written or oral -
occur, the member shall publicly announce for
the record the substance of such
communication and permit any party the right
to rebut the substance of the ex parte
communication during the Board's meeting.
C. Upon a determination that the claim is claim
eligible, the Board shall do the following:
1. Pursuant to Measure 37, and
notwithstanding any other law, rule,
ordinance, resolution, goals, or other
enforceable enactment of the County, and
notwithstanding any other procedure for
release, exception, or otherwise in this
Code, the Board is authorized by written
order to modify, remove, release or not
apply any County land use regulation to the
property which is the subject of the claim
when the Board, in its discretion, elects to
do so rather than paying compensation to
the property. The Board may b efder
delegate to the Community Development
Department the authority to determine as a
part of a future land use application
submitted by Claimant to not apply those
non-exempt County land use regulations
which were first enacted after the date on
which Claimant became an owner of the
subject property,and which would in the
absence of the County's waiver, apply to
such application.
2. The Board shall either declare that:
a. Compensation is due to the Claimant in
an amount determined in the Board's
decision; or
b. The County will, as of a date specified
in the resolution, discontinue applying
the challenged regulation(s) to allow
the Claimant to use the property for a
use permitted at the time the Claimant
acquired the property.
D. Where more than one regulation is being
challenged, the Board may provide for a
combination of remedies listed in this section.
E. The Board's decision shall be based upon
consideration of whether the public interest
would be better served by compensating the
Claimant, depending upon available resources
for payment thereof or by discontinuing to
apply the challenged regulation(s) to the use
permitted at the time the Claimant acquired the
property.
F. 11f4he Board deteF es that t elaim is not
elairrt eligible; it shall adopt an order, including
findings of fact and conclusions to explain the
basis for its determination.
G. Based upon the Board's determination of claim
eligibility, it shall take one of the following
actions:
1. Deny the demand based on, but not limited
to, any one or more of the following
findings:
a. The evidence is not sufficient to show
that the County's non-exempt land use
regulation restricts the Claimant's use
of the property or has otherwise been
enforced against Claimant as part of a
land use application;
b. The evidence is not sufficient to show
that the fair market value of the
property is reduced by the enactment,
enforcement or application of the
County's non-exempt land use
regulation;
c. The claim was not timely filed;
d. The Claimant failed to comply with the
requirements for making a demand as
set forth in this chapter;
e. The Claimant is not an Owner within
the meaning of Measure 37 or the
property was not owned by a family
member if that is required for
compensation, or the Claimant or a
family member of the Claimant was not
Page 7 of 9 - Exhibit "A" to Ordinance No. 2007-008
an owner at the time the land use
regulation was first enacted, enforced
or applied;
f. The challenged land use regulation is
an exempt regulation;
g. The land use regulation in question is
not an enactment of the County;
h. The county has not taken final action to
enact, enforce or apply the land use
regulation to the property or that filing
an application for a use alleged by the
Claimant to be restricted by the
County's land use regulation in a
manner which reduces the value of such
property would not be futile;
i. The evidence is notstifneierrt
demonstrates that use proposed by the
Claimant is not feasible, even if the
land use regulations were not applied,
due to exempt regulations,
infrastructure limitations, or other
factors.
j. The Claimant is not entitled to
compensation under Measure 37 for a
reason other than those provided herein.
2. Award compensation, either in the amount
requested, or in some other amount
supported by substantial evidence in the
record, subject to the availability and
appropriation of funds for that purpose.
Payment may be made jointly to owners of
the property or, as appropriate, to the
Circuit Court for determination of proper
distribution of such proceeds.
3. Issue a waiver of the County land use
regulation to allow the Claimant to apply
for a use of the property permitted at the
time the Claimant acquired the property.
Provided however, that nothing contained
herein shall be construed as allowing a use
of the subject property which was
prohibited or restricted by any land use
regulation in effect at the time the Claimant
acquired the property.
4. Take such other actions as the Board deems
appropriate consistent with Measure 37 and
this Chapter.
H. The Board may consider or decide an claim
based upon evidence received by the County
bearing on such claim
I. Unless otherwise directed by a court the Board
may, after giving notice in the manner rewired
under this Chapter, reopen reconsider and
modify or amend any decision or order
previously rendered on any claim
(Ord. 2007-008 & 1, 2007; Ord. 2005-018 § 1, 2005;
Ord. 2004-022 § 1, 2004)
14.10.110. Effect of a decision to discontinue
the application of a regulation.
A. No compensation shall be due pursuant to the
provisions of Measure 37 if a decision is made
to modify, remove or not apply a county
regulation(s) to a Claimant's property within
180 days of the filing of a completed claim for
compensation. A decision to modify, remove or
not apply one or more county regulations to a
given property is not equivalent to approval of a
use or development of that property, which may
require separate land use development approval,
or the processing of a permit application.
B. Any improvement or development that occurs
based in whole or in part on the Board's
decision that the claim is claim eligible under
this chapter, shall be entitled only to the rights
and privileges which Measure 37 provides for a
Claimant which establishes a valid claim under
Measure 37. Provided however, that nothing
contained herein shall be construed as allowing
a use of the subject property which was
prohibited or restricted by any land use
regulation in effect at the time the Claimant
acquired the property or any regulation which is
not among those regulations included in the
waiver.
C. The Building Official is authorized and directed
to refuse to issue a building permit to any
person other than the Claimant or their
authorized representative for use of the subject
property pursuant to a waiver issued under this
Chapter.
(Ord. 2007-008 § 1 2007; Ord. 2004-022 § 1, 2004)
14.10.120. Effect of payment of a compensation
claim or issuance of waiver.
The Claimant's acceptance of County's payment of
compensation or waiver shall forever satisfy the
claim of the Owner, and subsequent Owners for the
Page 8 of 9 - Exhibit "A" to Ordinance No. 2007-008
partial taking caused by the regulation(s) in question
and/or its present or future enforcement.
(Ord. 2004-022 § 1, 2004)
14.10.130. Recording of decision.
The payment of a compensation claim or the
issuance of a waiver and the satisfaction of all
present and subsequent claims shall be recorded a"
eevenant running with to give notice to
interested persons that any use of the prow is
subject to the rights and limitations contained in
Measure 37.
(Ord. 2007-008 § 1 2007; Ord. 2005-018 § 1, 2005;
Ord. 2004-022 § 1, 2004)
14.10.140. Procedural objections.
Any party who objects to the procedure followed in
any particular matter, including bias, conflict of
interest, and undisclosed ex parte contacts, must
make a procedural objection prior to the County's
final decision. Procedural objections may be raised
at any time prior to a final decision, after which they
are deemed waived. In making a procedural
objection, the objecting party must identify the
procedural requirement that was not properly
followed and identify how the alleged procedural
error harmed that person's substantial rights.
(Ord. 2004-022 § 1, 2004)
14.10.145. Review of Decision.
A. Any person who participates in a proceeding
brought under this Chapter, which results in a
final order, may file in the Circuit Court of
Deschutes County for a writ of review of the
County's final order. A person participates in a
proceeding by testifying orally or in writin
either in favor of or against the claim
(Ord. 2007-008 ' 1 2007)
Page 9 of 9 - Exhibit "A" to Ordinance No. 2007-008