Section 2.70.060 Review procedures

A. Final Decision. The person petitioning for review shall obtain a final decision before requesting review.

B. Petition for Review. Within thirty days from the date of the final decision, the person requesting the review shall file, in the office of the city recorder, a written petitioner for review of that decision. A copy shall also be filed with the city attorney.

C. Hearing Date. The mayor, or the mayor's designee, shall set a time to review the decision that gave rise to the petition as soon as reasonably practical. The mayor, or the mayor's designee, shall hear and consider the evidence related to and submitted by the petitioner, the city or other interested parties. In the discretion of the mayor, or the mayor's designee, the hearing may be oral or based upon written submittals.

D. Initial Filing Information. As part of the petition for review, the petitioner shall submit, at least seven days prior to the date of the review, the following:

2. The name and business address of the current owner of the property; the form of ownership, i.e., whether sole proprietorship, for-profit or not-for-profit corporation, partnership, joint venture or other; and if owned by other than a real person, name and address of all partners or shareholders owning ten percent or more of the outstanding shares.

3. A detailed description of the factual and legal grounds for the claim that here has been an unconstitutional taking, without just compensation;

4. A legal description of the property allegedly taken and a detailed description of the nature of the property; and

E. Supplemental Information. If the mayor, or the mayor's designee, determines that there may be a taking, and additional information is needed, the mayor, or the mayor's designee, may further require the following to be submitted.

1. The evidence and documentation as to the value of the property interest claimed taken, including the date and cost at the date the property was acquired. This material should include any evidence of the value of that same property before and after the alleged unconstitutional 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;

2. The terms, including sale price, of any previous purchase or sale of a full or partial interest in the property during the three years prior to the date of application;

3. All appraisals of the property prepared for any purpose, including financing, offering for sale, or ad valorem taxation, within the three years;

4. The assessed value of and ad valorem taxes on the property for the previous three years;

5. All information concerning current mortgages or other loans secured by the property including the name of the mortgage holder or lender, current interest rate, remaining loan balance and term of the loan and other significant provisions, including but not limited to, the right of purchasers to assume the loan;

6. All listings of the property for sale or rent, price asked and offers received, if any, within the previous three years;

7. All studios commissioned by the petitioner or agents of the petitioner within the previous three years concerning feasibility of development or utilization of the property;

8. For income producing property, itemized income and expense statements from the property for the previous three years.

9. Information from a title policy or other source showing all recorded lien and encumbrances affecting the property; and

10. The mayor, or the mayor's designee, may request additional information reasonable necessary, in their opinion, to arrive at a conclusion concerning the nature of and the value of the alleged unconstitutional taking.