15.18.040 Review Procedures.
Any owner of private real property who claims such property is subject to a constitutional taking may appeal any final decision made by the City which is applicable to the property. The following procedures shall apply to such appeal:
(1) The appellant shall have obtained a final determination by authorized City personnel concerning the decision for which review is requested.
(2) Within thirty (30) days from the date of the final decision for which review is requested, the appellant shall file the appeal in writing in the office of the City Recorder. A copy of the appeal shall be filed with the City Attorney.
(3) The Municipal Council, or its designee, shall immediately set a time to review the decision that gave rise to the appeal.
(4) The appellant shall submit the following information with the appeal:
(a) Name of the appellant.
(b) Name and business address of the current owner(s) of the property, form of ownership, and, if owned by a corporation, partnership or joint venture, the name and address of all shareholders or partners holding a ten percent (10%) or greater interest in the entity.
(c) Detailed statement of the grounds for the appeal.
(d) Detailed description of the property alleged to have been taken.
(e) Evidence and documentation of the value of the property alleged to have been taken, including the date and cost at the date the property was acquired, including evidence of the value of the 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) Nature of the protectable interest claimed to be affected, such as, but not limited to, fee simple ownership, leasehold interest, etc.
(g) Terms (including sale price) or any previous purchase or sale of a full or partial interest in the property in the three (3) years prior to the date of request for review.
(h) All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three (3) years prior to the date of application.
(i) Assessed value of and ad valorem taxes on the property for the previous three (3) years.
(j) All information concerning current mortgages or other loans secured by the property, including the name of the mortgagee or lender, current interest rate, 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 listings of the property for sale or rent, prices asked and offers received, if any, within the previous three (3) years.
(l) All studies commissioned by the appellant within the previous three (3) years concerning feasibility of development or utilization of the property.
(m) For income producing property, itemized income and expense statements from the property for the previous three (3) years.
(n) Information from a title policy or other similar source showing all recorded liens or encumbrances affecting the property.
(o) The Municipal Council or its designee may request additional information reasonably necessary to determine whether there has been a constitutional taking.
(5) An application shall not be deemed to be “complete” or “submitted” until the reviewing body or official certifies to the appellant that all materials and information required above have been received by the City.
(6) The Municipal Council or its designee shall hear all the evidence related to and submitted by the appellant, the City, or any other interested party.
(7) A final written decision on the appeal shall be rendered within fourteen (14) days after all information required by Subsection (4) of this Section has been received by the City Recorder. A copy of the decision shall be given to the applicant and to the officer, employee, Board, Commission or Council that rendered the final decision that gave rise to the appeal.
(8) If the Municipal Council or its designee fails to hear and decide the appeal within fourteen (14) days, the appeal shall be presumed to be approved.