The purpose of this Chapter is to establish a procedure by which owners of private real property located within Portland may file claims pursuant to Chapters 195 and 197 of the Oregon Revised Statutes as amended by Ballot Measure 49 (November 6, 2007) (referred to in this chapter as "Measure 49") and to provide for consideration of claims by the Council.

1. A. Appraisal. A written statement prepared by a person certified under ORS chapter 674 or a person registered under ORS chapter 308 that complies with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institution Reform, Recovery and Enforcement Act of 1989.
2. B. Approved Measure 37 Claim. A claim filed under ORS 195.305and approved by the Council before December 6, 2007.
3. C. Department. The Oregon Department of Land Conservation and Development.
4. D. Land use regulation. A provision of the City comprehensive plan, zoning ordinance or land division ordinance that restricts the residential use of private real property zoned for residential use.
5. E. Measure 37. A ballot measure adopted by the voters of the State of Oregon and effective on November 6, 2004 that was codified as Oregon Revised Statutes (ORS) 195.305 and that required, under certain circumstances, the payment of just compensation to landowners if a government land use regulation restricted the use or property and reduced its value, or, in the alternative, authorized the government to remove, modify, or not apply one or more challenged regulations.
6. F. Owner. A person who is:
   1. 1. The owner of fee title to the property as shown in the deed records of the county where the property is located;
   2. 2. The purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or
   3. 3. If the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner.
7. G. Program Manager.  The person authorized by the City Administrator to administer and oversee the processing of claims under this Chapter.
8. H. Protection of public health and safety.  A law, rule, ordinance, order, policy or permit or other governmental authorization that restricts a use of property in order to reduce the risk or consequence of fire, earthquake, landslide, flood, storm, pollution, disease, crime or other natural or human disaster or threat to persons or property including, but not limited to, building and fire codes, health and sanitation regulations, solid or hazardous waste regulations and pollution control regulations.
9. I. Reduction in value.  A decrease in fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after enactment, plus interest, adjusted by any ad valorem property taxes not paid as a result of any special assessment of the property under ORS 308A.050 to 308A.128, 321.257 to 321.390, 321.754 or 321.805 to 321.855, plus interest, offset by any severance taxes paid by the claimant and by any recapture of potential additional tax liability that the claimant has paid or will pay for the property if the property is disqualified from special assessment under ORS 308A.703.
10. J. Waiver. Action by the Council to modify, remove or not apply one or more land use regulations found to have caused a reduction in value.

1. A. A person may file a claim and will qualify for compensation or waiver, if:
   1. 1. The claimant is an owner of the property and all owners of the property have consented in writing to filing of the claim;
   2. 2. The claimant’s desired use of the property is a residential use;
   3. 3. The claimant’s desired use of the property is restricted by a land use regulation enacted after January 1, 2007; 
   4. 4. The enactment of the land use regulation has reduced the fair market value of the property; and
   5. 5. The highest and best use of the property was residential use at the time the land use regulation was enacted.
2. B. A person filing a claim under this Section must submit the fee for processing the claim prescribed in Section 5.50.060 and the following information:
   1. 1. The name, street address and telephone number of the claimant and all other owners of the property;
   2. 2. A title report issued no more than 30 days prior to submission of the claim that shows the claimant’s current real property interest in the property; the deed registry of the instrument by which the claimant acquired the property; the location and street address and township, range, section and tax lot number(s) of the property; the date on which the owner acquired the property interest; and any exceptions and encumbrances to title;
   3. 3. A written statement signed by all owners of the property consenting to the filing of the claim;
   4. 4. A citation to the land use regulation the claimant believes is restricting the claimant’s desired use of the property;
   5. 5. A description of the specific single-family residential use of the property that the claimant desires to carry out, but cannot because of the land use regulations;
   6. 6. An appraisal showing the fair market value of the property one year before the enactment of the land use regulation and one year after enactment, and expressly determining the highest and best use of the property at the time the land use regulation was enacted;
   7. 7. If the property is or has been enrolled in one or more of the special assessment programs listed in Measure 49, Section 9(6), information regarding taxes not paid as a result of the program or programs; and
   8. 8. A statement whether the claimant filed a claim with other public entities on or before June 28, 2007, involving the same property and a copy of any decision made by the entity on the claim.
3. C. A person filing a claim under this Section must file the claim within five years after the challenged land use regulation was enacted.

1. A. The Program Manager will review the claim to ensure that it provides the information required by Section 5.50.030. If the Program Manager determines that the claim is incomplete, the Program Manager will, within 60 days after the filing of the claim, provide written notice of the incompleteness to the claimant. If the Program Manager does not notify the owner that the claim is incomplete within the prescribed 60 days, the claim will be considered complete on the date it was filed with the Program Manager.
2. B. A claim filed under this Section will not be considered complete until the claimant has submitted the information required by this Section. If the claimant fails to submit a complete claim within 60 days after the notice prescribed in Subsection A., the claim will be deemed withdrawn.
3. C. The Program Manager will conduct a preliminary review of a claim to determine whether it satisfies all of the following prerequisites for full evaluation of the claim:
   1. 1. The property lies within the City’s jurisdictional boundary;
   2. 2. The land use regulation that is the basis for the claim is a provision of a city land use regulation; and
   3. 3. The claimant acquired an interest in the property before the effective date of the land use regulation and has continued to have an interest in the property since the effective date.
4. D. If the claim fails to satisfy one or more of the prerequisites in Subsection C. of this section, the Program Manager will prepare a report to that effect and recommend to the Council that it dismiss the claim following a public hearing under Section 5.50.050.
5. E. If the claim satisfies each of the prerequisites in Subsection C. of this section, the Program Manager will complete the review of the claim to determine whether it satisfies the criteria in Section 5.50.030.
6. F. The Program Manager may commission an appraisal or direct other research in aid of the determination whether a claim meets the requirements of ORS 197.305 and to assist in the development of a recommendation regarding appropriate relief for a valid claim.
7. G. The Program Manager will prepare a written report with the determinations required by Subsection E. of this Section and the reasoning to support the determination. The report will include a recommendation to the Council on the validity of the claim and, if valid, whether the City should compensate the claimant for the reduction of value or waive the regulation.  If the Program Manager recommends compensation or waiver, the report will recommend any conditions that should be placed upon the compensation or waiver to help achieve the purpose of this chapter and the policies of the City’s comprehensive plan. If the Program Manager recommends waiver, the report will recommend the specific number of single-family dwellings the City should authorize commensurate to the reduction in fair market value of the property.
8. H. The Program Manager will provide the report to the Council, the claimant, Metro, and other persons who request a copy.

1. A. The Council will hold a public hearing on a claim prior to its final determination. The Program Manager will schedule the hearing for a date within 180 days after the filing of a completed claim.
2. B. The Program Manager will provide notice of the date, time and location of the public hearing at least 30 days before the hearing to the claimant and owners of the subject property, owners and occupants of property within 100 feet of the subject property, the Department, Metro, and Multnomah County. The notice will indicate that:
   1. 1. A copy of the Program Manager’s recommendation is available upon request;
   2. 2. Judicial review of the City’s final determination is limited to the written evidence and arguments submitted to the City prior to or at the public hearing; and
   3. 3. Judicial review is available only for issues that are raised with sufficient specificity to afford the City an opportunity to respond in its final determination.
3. D. After the close of the public hearing the Council will makes its final determination on the claim and enter an order with findings of fact and conclusions of law, based upon the record made before the City, that explain the determination. The Program Manager will mail a copy of the final determination to the claimant, Multnomah County, and any person who submitted written or oral testimony prior to the close of the public hearing.
4. E. The Council will make its final determination within 180 days of the date the claim is complete.

A claimant must pay a fee to file a claim under Section 5.50.030 of this Chapter. The fee will be determined by the City Administrator in an amount not to exceed the actual and reasonable cost for review. A claim will not be considered complete until the fee is paid. For any claims submitted on or after December 2, 2004, for which a fee was not paid at the time of claim submittal, the Program Manager may bill the owner for the fee at any time during the claim review process and prior to a final decision on the claim.