Resolution No. 00-67 RESOLUTION NO.00-101
TIGARD,OREGON
A RESOLUTION OF THE TIGARD CITY COUNCIL SETTING AN APPLICATION FEE
FOR CLAIMS BROUGHT UNDER TIGARD MUNICIPAL CODE CHAPTER 1.20,
WHEREAS,Section 1.20.040(9)requires the Citv Council to establish an aoplication fee for
claims brought under Tigard Municipal Code Chapter 1.20,providing"An application fee in an
zanount to be set by resolution to cover the costs of the completeness review and application
processing. The fee shall be refunded if a determinationis made that compensation should be paid
or that the regulation should be waived or suspende .";
NOW, THEREFORE;THE OF CITY OF TIGARD HEREBY RESOLVES THAT:
Section 1: Pursuant to Tigard Municipal Code Section 1.20.040(9),the City Council hereby
establishes an application fee for claims brought under Tigard Municipal Code
Chapter 1.20. The application fee shall be the actual cost incurred by the City to
process an application. A deposit in the amount of$1,000 shall be made to the
City at the time of the application. Any funds remaining from the deposit after the
application has been processed shall be.refunded to the applicant, and applicant
shall be responsible for any additional costs incurred by the City.
Section 2: The establishment of the fee in Section 1 does not affect the refund provision of
TMC§1.20.040(9).
PASSED: By U n 4 t°Lt vv oaS vote of all Council members present after
being read by number and title only, this `day of )Qt->YQ2ry1 WA-
2000.
Catherine Wheatley,City Recorder
APPROVED:By Tigard City Council this `aZIjq!!A day of "were h&A 2000.
ayor
Approved as to form: ^
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gfracm/90024/mcasun:71'cc.,.2(I 1/28/00)
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PROCEDURE FOR PROPERTY
OWNER COMPENSATION CLAIM
13125 SW Hall Blvd.,Tigard, OR 97223(503)639-4171 FAX:(503)684-7297
CITY OF TIOARD
F FOR STAFF USE ONLY
The claima<<t must submit all Information for
the City to properly evaluate the claim. The Case No.:
claim shall not be considered filed until all Cf Application Accepted By:
the requirements of the procedure are met. Date:
Fee-
(Fee to be refunded if determined that compensation should be paid).
Date Determined Complete:
GENERAL INFORMATION
Property Address/Location(s):
Tax Map&Tax Lot#(s):
Site Size(s),
Property Owners/Claimants/Deed Holders':
Address: Phone:
City/State: Zip:
(Attach list if more than one)
Property Owners/Deed Holders`NOT SEEKING COMPENSATION:
Address: Phone:
City/State: Zip:
(Attach list if more than one)
Lien/Securty Interest holders of the affected property:
Addr-ss Phone:
City/State: Zip:
(Attach list if more than one)
Applicant/AgenY:
Address: Phone:
City/State: Zip:
*When the owner and the applicant are different people, all owners of the affected property must sign this
application in the space provided on the back of this form. if the affected property is owned by two or more persons
and not all owners seek compensation, all owners who do not seek compensation shall sign a waiver of the right to
compensation.
APPLICATION FOR COMPENSAT ON
i
A property owner wishing to make a claim against the City under subsections(a)through(f)of Article I,Section 18 of the
Oregon Constitution shall first submit a notice of claim to the City. The notice of claim shall be In writing and shall include
all information requested above in addition to the following information:
1. An exp;anation of the nature of the claim,including specification of the regulation at issue,a description of how the
regulation restricts the use of the affected property, and an explanation of how the restriction affects the value of the
affected property. The explanation shall also state the date the Claimant(s)first owned the affected property and the
date the regulation was adopted,first enforced or applied.
2. A statement describing the extent to which the regulation would need to be waived,suspended,or modified to avoid
the need for compensation.
3. The amount of compensation claimed and a statement whether the application seeks compensation or a waiver,
suspension or modification of the regulation.
4. Proof of ownership of the affected property at all relevant times.
5. An appraisal by an appraiser licensed by the Appraiser Certification and Licensing Board of the State of Oregon
appraising the value of the affected property under the regulation and appraising the value of the affected property
without the regulation. The appraisal shall appraise the value as of the date the regulation was adopted,first enforced
or applied,whichever is applicable to the claim. Claimant shall also submit any other appraisals of the affected property
obtained by or in the possession of Claimant in the ten years prior to submitting the notice of claim.
The application may include any other materials the Claimant believes are relevant to the notice of claim. A notice of claim
shall not be a claim for compensation until the notice of claim is determined to be complete by the City Manager. If an
incomplete notice of claim is received, the City Manager shall inform the Claimant in writing of the additional material
necessary to make the notice of claim complete. The notice of claim will be complete when the additional material is
submitted and determined by the City Manager to be complete. Until the notice of claim is complete,the Claimant shall not
be considered to have applied for compensation or filed a claim for compensation.
SIGNATURES of each owner of the subject property.
DATED this day of '20-
Owner's
20Owner's Signature Owner's Signature
a
a
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i Owner's Signature Owner's Signature
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i:lcurpinknastersVevisedlpmperty wmpensation claim.doc
Revised: 71/22I2ow
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