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Charter, Code and Policies

City of Portland



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5.75.070 Review of New Claim by Program Manager.

A.  The Program Manager shall review the claim to ensure that it provides the information required by Section 5.75.060.  If the Program Manager determines that the claim is incomplete, the Program Manager shall, 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 shall be considered complete on the date it was filed with the Program Manager.

B.  A claim filed under this section shall 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fails to submit a complete claim within 60 days after the notice prescribed in Subsection A, the claim shall be deemed withdrawn.

C.  The Program Manager shall conduct a preliminary review of a claim to determine whether it satisfies all of the following prerequisites for full evaluation of the claim:

1.  The property lies within the City of Portland’s jurisdictional boundary;

2.  The land use regulation that is the basis for the claim is a provision of a city land use regulation; and

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.

D.  If the claim fails to satisfy one or more of the prerequisites in subsection C of this section, the Program Manager shall prepare a report to that effect and recommend to the City Council that it dismiss the claim following a public hearing under Section 5.75.080.

E.  If the claim satisfies each of the prerequisites in Subsection C of this section, the Program Manager shall complete the review of the claim to determine whether it satisfies the criteria in Section 5.75.060.

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 197.352 and to assist in the development of a recommendation regarding appropriate relief for a valid claim.

G.  The Program Manager shall prepare a written report with the determinations required by Subsection E of this section and the reasoning to support the determination.  The report shall include a recommendation to the City Council on the validity of the claim and, if valid, whether the City of Portland should compensate the claimant for the reduction of value or waive the regulation.  If the Program Manager recommends compensation or waiver, the report shall 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 of Portland’s comprehensive plan.  If the Program Manager recommends waiver, the report shall recommend the specific number of single-family dwellings the City of Portland should authorize commensurate to the reduction in fair market value of the property.

H.  The Program Manager shall provide the report to the City Council, the claimant, Metro, and other persons who request a copy.