MUNICIPAL CODE > 2 - Administration and Personnel

Title 2 - Administration & Personnel

Chapter 2.04 - Council Meetings

2.04.010 Time and place.
Regular meetings of the city council shall be held in the Council Chamber at the City Hall at seven p.m. on the first Monday of each month; provided, that the city council shall have the right to adjourn said meeting from time to time; provided further, if said regular meeting date falls on a legal holiday, the city council shall have the right, at the last meeting preceding said legal holiday, to adjourn said meeting to any time not exceeding thirty days; provided further, that advance notification be given. (Ord. 3-93 § 1, 1993: Ord. 22-74 § 1, 1974.)

2.04.020 Special meetings.
The recorder shall call special meetings of the council upon request of the mayor or a majority of councilmembers. Requests for special meetings shall state the subjects to be considered, and no other subjects shall be considered at a special meeting. (Ord. 22-74 § 2, 1974.; Ord. 2013-06, 2013.)

2.04.030 Joint meetings.
The recorder shall call joint meetings of the city council - planning commission upon request of the mayor and the planning commission chairman. (Ord. 22-74 § 3, 1974.)

2.04.040 Open to public.
All meetings of the council and of committees thereof shall be open to the public, and citizens of the city shall have a reasonable opportunity to be heard at any meeting in regard to any matter being considered therein. (Ord. 22-74 § 4, 1974.)

2.04.050 Meeting notification.
All meetings of the council shall be posted in the front window of city hall at least twenty-four hours prior to a meeting. The recorder shall certify that he posted said notices as required herein. (Ord. 22-74 § 5, 1974.)

Chapter 2.08 - City Manager

2.08.010 Office created–Authority.
There is created the office of city manager, and the appointee to said office shall have general supervision, direction and control over all nonelective officers and public employees of the city in the exercise of their duties and of the work of all city departments, other than the office of municipal judge, which is specifically exempted from the operation of this chapter. (Ord. 14-74 § 2 (part), 1974; Ord. 7-72 § 1, 1972; 2013-06, 2013.)

2.08.020 Powers and duties.
The powers and duties of the city manager shall be as follows:

A. To prepare the annual budget for consideration by the city council and budget committee;

B. To act as purchasing agent for all departments of the city, subject to the provisions of the City Charter; and any purchase over the sum of one thousand five hundred dollars shall require prior council approval;

C. To act as administrative head of all departments of the city government, subject to the control and direction of the mayor and city council;

D. To act as business agent of the city council in connection with city business;

E. To prepare and furnish all reports requested by the mayor or city council;

F. To recommend ordinances to the city council designed to increase the efficiency of the city government;

G.To see that all ordinances are enforced and that the provision of all franchises, leases, contracts, permits and privileges granted by the city are observed;

H. To collect all sums of money due the city, whether by way of fees, liens, assessments, taxes, special assessments or any other source whatsoever;

I. To supervise the operation of all public utilities owned and operated by the city and to have general supervision over all city property;

J. To meet with private citizens and interested groups seeking information or bringing complaints and to attempt to resolve any problems tactfully and fairly.
(Ord. 4-80 § 1, 1980; Ord. 14-74 § 2 (part), 1974; Ord. 7-72 § 2, 1972.)

2.08.030 Supervision of nonelective city employees.
The city manager shall have, in exercising general charge, supervision and control over all nonelective city employees, the power to appoint and/or remove said nonelective employees of the city and to have general supervision and control over all city officers, excluding the position of municipal judge, with the power to transfer an employee from one department to another to the end that the utmost efficiency shall be obtained from all departments and from the city government as a whole, and shall designate the duties employees shall perform, the hours of their employment and all matters pertaining to their work for the city. The city council may by motion, resolution or ordinance provide rules under which the city manager shall conduct his office and affairs of the various departments of the city, and any resolutions now in effect with reference to hours of work and vacations shall be binding upon the city manager. (Ord. 7-84 § 1,1984: Ord. 14-74 § 2 (part), 1974; Ord. 7-72 § 3,1972.)

2.08.040 Appointment and removal.
The city manager shall be appointed by the city council and shall serve at the city council's pleasure. The city manager so appointed may be an appointed official of the city who has been appointed to perform other duties, and in such case, he shall hold the office of city manager and perform the duties thereof in addition to the powers and duties prescribed for such other appointed office, in such manner that the efficiency and administration of such other appointive office shall in no way be affected or diminished. (Ord. 3-86 § 1, 1986: Ord. 14-74 § 2 (part), 1974; Ord. 7-72 § 4, 1972.)

2.08.050 Attendance at council meetings.
The city manager shall sit with the city council at all meetings thereof and at all committee meetings of the city council at which he is requested to attend and shall have the right to take part in all discussions coming before the city council or such committees of the city council and shall have no vote therein. (Ord. 14-74 § 2 (part), 1974; Ord. 7-72 § 5,1972.)

2.08.060 Compensation.
The salary of the city manager shall be such as shall be from time to time fixed and determined by action of the city council and the council shall have the power to require an appointed officer of the city, having other duties than that of city manager, to serve as city manager without additional compensation other than his regular salary, from his other appointive office or offices. (Ord. 14-74 § 2 (part), 1974; Ord. 7-72 § 6, 1972.)

Chapter 2.12 - Officials Bonds

2.12.010 Bonding.
The city manager and the city finance director shall, before assuming the duties of the respective office, be bonded for faithful performance of those duties in an amount determined by the city council. Other city officers and employees shall be covered by general liability and excess crime and liability coverage through the city’s insurance carrier. (Ord. 32-74, 1974; 2013-06, 2013.)

Chapter 2.13 - Contract Purchases

2.13.010 Contract review board.
The city council is designated as the local contract review board for contractual matters pertaining to the city. (Ord. 10-93 § 2 (part), 1993.)

2.13.020 Standards for public bidding and public improvement contracts.
The city council, as the local contract review board for the city, shall act pursuant to the definitions, regulations and standards of Oregon Administrative Rules, Chapter 137, Division 30 and Division 40 as they now exist or may subsequently be amended relating to public bidding and public improvement contracts.  (Ord. 10-93 § 2 (part), 1993; 2013-06, 2013.)

2.13.030 Exemptions.
The city council, acting as the local contract review board, shall act pursuant to the powers and subject to the public contract exemptions, definitions, procedures and standards contained in OAR Chapter 125, Divisions 300-360, excluding Division 330, as they now exist or as they may subsequently be amended. In addition, contracts for the purchase of goods where competitive bids for the same goods have been obtained by the state of Oregon or any other Oregon public contracting agency and the contract is to be awarded to the party to whom the contract was awarded by the state or public agency, are exempt from competitive bidding so long as the price of the goods is the same or lower than that paid by the state or public agency. (Ord. 10-93 § 2 (part), 1993; 2013-06, 2013.)

2.13.040 Appeal disqualifications.
The person who has been disqualified as a bidder may appeal such disqualification to the city council as provided in this section:

(1) the person shall, within three business days after receipt of notice of disqualification, in writing notify the city recorder that the person wishes to appeal the decision;

(2) immediately upon receipt of such written notice of appeal, the city recorder shall inform the city council;

(3) upon receipt of notice of appeal, the city recorder shall notify the person appealing of the time and place of the hearing;

(4) the city council shall consider de novo the notice of disqualification, the record of the investigation made by the city manager, and any events provided by the parties. The hearing shall be public and the appeal decided within ten days after receiving the notification. The city council's decision and the reasons therefor shall be in writing. (Ord. 10-93 § 2 (part), 1993.)

Chapter 2.15 - Boards and Commissions

2.15.010 Establishment.
The city council has created standing advisory boards with responsibilities set forth in this Title. Appointment of members of will be done by vote of the city council. (Ord. 2013-06, 2013.)

2.15.020 Term of Office
Members of boards and commissions will serve overlapping four year terms. At the expiration of the member’s term, the city will advertise the position. The city council may re-appoint members to serve consecutive terms.

2.15.030 Vacancies and removal.
Appointments to fill vacancies shall be for the remainder of the unexpired term. A member may be removed by the city council for misconduct or nonperformance of duty. A member who is absent from two consecutive meetings without an excuse as approved by the respective board is presumed to be in nonperformance of duty and the city council shall declare the position vacant, and a new member shall be immediately appointed.

2.15.040 Election of officers.
At its first meeting of each calendar year, the board or commission shall elect a chair and vice chair to serve one year terms. These officers may be rotated annually.

2.15.050 Meetings.
A majority of the members of the board or commission shall constitute a quorum. The board or commission may make and alter rules and regulations for its procedure consistent with the laws of the state and with city Charter and ordinances. Meetings of city boards and commissions shall be open to the public. Meetings other than at regularly scheduled times may be announced at a prior meeting and thereby be made a part of the meeting records. Notice of a previously unannounced meeting shall be, to the extent feasible, provided to interested parties at least twenty-four hours prior to a meeting. (Ord. 14-73 § 8, 1973.)

2.15.060 Joint meetings.
On a schedule set by the city council, the board or commission and the city council shall hold a joint meeting to discuss policies, goals, procedures, and other such business that will benefit both bodies by closer coordination and communication. The date of this meeting shall be set by the board/commission chairman and the mayor.

2.15.070 Expenses.
Members of boards and commissions receive no compensation. Board/commission members may, however, be reimbursed for expenses for board-related travel and training, subject to the city council’s budget authority.

2.15.080 Conflict of interest.
No member of a board or commission shall have any financial interest, either directly or indirectly, in any contract to which the city is a party.

Chapter 2.16 - Planning Commission

2.16.010 Establishment.
There is established a planning commission for the city. (Ord. 1473 § 1, 1973; 2013-06, 2013.)

2.16.020 Membership.
The commission shall consist of seven members, at least five of whom shall be city residents. The other two members may be residents or may consist of the following:

A. An owner and operator of a business located within the city limits, provided such owner and operator is a resident of Clackamas County or that portion of Multnomah County east of 181st Street, Portland, Oregon;

B. A resident within the city's urban growth boundary.
No two nonresident members shall be from the same category except for subsection B. Nothing in this section requires nonresident members. (Ord. 17-91 § 1, 1991: Ord. 1875 § 2, 1975: Ord. 1473 § 2, 1973.)

2.16.030 Powers and duties of commission.

The powers and duties of the planning commission shall be as follows:

A. To base all its decisions relating to land use, public facilities, circulation, community appearance and similar matters on the Sandy area comprehensive plan as now or hereafter constituted;

B. To recommend to the city council legislation that will implement the purposes of the comprehensive plan;

C. To recommend zoning amendments consistent with the comprehensive plan;

D. To review the capital improvement programs each year for consistency with the comprehensive plan;

E. To review and, subject to appeal, take final action on proposed subdivisions and land partitions;

F. To conduct hearings, prepare findings of fact, conclusions and recommendations, and perform such other duties relating to land use controls as may be prescribed by law (e.g., zoning, consideration of conditional use permit, variance and other applications);

G. To review and submit recommendations to the city council regarding any annexation to or withdrawal of territory to or from the city;

H. To recommend and make suggestions to the council and to all other public authorities concerning laying out, widening, extending and locating of streets and parking areas, sidewalks and boulevards, relief of traffic congestion, betterment of housing and sanitation conditions and establishment of zones or districts limiting the use, height, area and bulk of buildings and structures;

I. To recommend to the council and all other public authorities plans for regulation of future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of all public utilities and transportation facilities;

J. To study and propose in general such measures as may be advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area;

K. To exercise any express or implied power, right or act pursuant to city ordinances and state law.
(Ord. 14-73 § 11, 1973.)

2.16.040 Commission member occupations.
No more than two voting members shall be engaged in the same kind of business, trade or profession. No more than two voting members shall be engaged principally in the buying, selling or developing of real estate. (Ord. 14-73 § 12, 1973.)

2.16.050 Hearings officer.
The city council may appoint or designate one or more qualified persons as planning and zoning hearings officer. The hearings officer shall have the power to conduct hearings on applications for permits or of contested cases under rules and regulations adopted by the council pursuant to ORS 227.230. (Ord. 14-73 § 13, 1973.)

2.16.060 Advisory board.
The commission may establish an advisory board with such members to be appointed by the city council. Advisory members shall have no voting power, but are invited to attend all meetings to lend their expertise to the commission. (Ord. 14-73 § 15, 1973.)

Chapter 2.18 - City Surveyor

Repealed by Ordinance 2001-06

Chapter 2.21 - Park Board

2.21.010 Membership.
The park board shall consist of seven members appointed by the mayor with the consent of the city council. To be eligible for appointment to and continued service on the park board, a person at the time of appointment and throughout his or her term of service must be a resident of the city. Notwithstanding the provisions of this section, the mayor may appoint two members of the board who reside within the urban growth boundary of the city but do not reside in Sandy, provided that the other seats on the board are filled by city residents. Clackamas County voter registration records may be utilized to determine residency. The members of the board shall serve at the pleasure of the city council. (Ord. 11-95 § 1 (part), 1995; 2013-06, 2013.)

2.21.020 Jurisdiction.
The board shall exercise its granted powers in regard to all public parks in the city and any lands or lots heretofore or hereafter devised and bequeathed to the city for park purposes. (Ord. 11-95 § 1 (part), 1995.)

2.21.030 Powers and duties.
The park board shall be advisory only and shall be empowered to study and recommend to the city council on the following matters:

A. Development of a parks master plan;

B. The layout, adornment, ornamentation and improvement of city parks;

C. The creation or improvement of playgrounds, recreation facilities, and other places which have previously been, or may in the future be, dedicated to the purpose of public recreation;

D. Rules and regulations for the use of the parks and recreation areas;

E. The acquisition of land for park and/or recreation areas;

F. The budget for the maintenance and improvement of parks, recreation and open space areas;

G. All other matters necessary and proper for the protection, care and improvement of the parks, recreation and open space areas.
(Ord. 11-95 § 1 (part), 1995.)

Chapter 2.22 – SandyNet Board

2.22.010 Establishment

The SandyNet Board is hereby created with the charge to advise the city council and staff, as needed, in the policies and operation of the SandyNet telecommunications utility.

2.22.020 Membership

The SandyNet Board will consist of between five and seven members appointed by the City Council. Members need not be residents of the City of Sandy, but the advice of the Board should support the best interests of the residents of the City of Sandy, whether or not they are customers of the SandyNet utility.

2.22.030 Powers and Duties

The SandyNet Board shall be advisory only and shall be empowered to study and recommend to the city council on the following matters:

A. Selection of technologies for the cost-effective provision of broadband services;

B. Service area expansion and strategies;

C. Utility business plans;

D. Pricing of services;

E. Policies for use and management of broadband services.

F. The budget for the utility

Chapter 2.23 - Library Board

2.23.010 Establishment.
The city does establish a city library board for the purpose of advising the city council on issues relating to the operation of a public library with branches in Sandy and Welches (Ord. 27-75 § 1, 1975; 2013-06, 2013.)

2.23.020 Board–Members–Term.
The library board shall consist of up to eleven members. Seven members will be from the Sandy area, and three members will be from the Hoodland area, as defined by the library network office.

2.23.030 Library Board–Powers and duties.
The board shall have the powers and duties which are now or may hereafter be assigned to it by Charter, ordinance, or resolution of the city and general laws of the state. The board shall:
A. Advise the library director on policy matters pertaining to the Sandy library system;
B. Assist in the formulation of policies for the operation and development of library services and facilities to best meet the current and long-standing needs of the community;
C. Make recommendations to the city council regarding matters as outlined above;
D. Prepare and submit an annual budget request;
E. Recommend to the city council prospective board members based upon review of a letter of application and possible personal interview as board vacancies occur;
F. Serve as an autonomous body to represent the needs, interests and desires of the entire service area of the library;
G. Participate actively in the goals, aims and purposes of the Clackamas County Library District and the libraries in Clackamas County (LINCC Consortium). ; and
H. Perform other such related duties as requested by the city council.
(Ord. 14-97 § 2, 1997: Ord. 1-79 § 2, 1979; Ord. 27-75 § 8, 1975; 2013-06, 2013.)

Chapter 2.24 - Personnel

2.24.010 Title.
The title of this chapter shall be "the personnel ordinance of the city of Sandy." (Ord. 2-80 § 1, 1980.)

2.24.020 Purpose.

This chapter is adopted to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service and to retain the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness; and to provide a reasonable degree of job security for qualified employees. (Ord. 2-80 § 2, 1980.)

24.030 Adoption and amendment of rules.

Personnel rules shall be adopted and amended by resolution of the city council. The rules shall provide means to recruit, select, develop, and maintain an effective and responsive work force, and shall include policies and procedures for employee hiring and advancement, training and career development, job classification, salary administration, retirement, fringe benefits, discipline, discharge, and other related activities. All appointments and promotions shall be made in accordance with the personnel rules without regard to sex, race, color, age, religion, political affiliation, national origin, physical handicap, or marital status; and, furthermore, shall be based on merit and fitness. (Ord. 2-80 § 3, 1980.)

2.24.040 Administration of the rules.
The city manager shall be responsible for:

A. Administering all the provisions of this chapter and of the personnel rules not specifically reserved to the city council:

B. Preparing or causing to be prepared and recommending to the city council personnel rules and revisions and amendments to such rules.
(Ord. 2-80 § 4, 1980.)

Chapter 2.30 - Criminal History Record Checks

2.30.010 – Purpose
In order for the City of Sandy government to operate effectively, persons selected for employment or as a public service volunteer with the City of Sandy, Sandy Fire District, Boring Fire District and the Oregon Trail School District must have the highest degree of citizen and public trust and confidence.

All City of Sandy employees and public service volunteers represent the City to its citizens.  Many City, Fire District and Oregon Trail School District employees and volunteers have responsibilities to regulate and maintain public health and safety.  Most City, Fire District and Oregon Trail School District employees and volunteers, contractually, have access to public funds and property, and possess access to privileged and proprietary information submitted to the City, the Fire District and the Oregon Trail School District in confidence.  Additionally, City, Fire District and Oregon Trail School District employees and volunteers may be required to operate publicly-owned vehicles.

SECTION 2.30.020 – Criminal Record Check Required.
All applicants for employment and appointed volunteers with the City of Sandy, Sandy Fire District, Boring Fire District and the Oregon Trail School District will be required to authorize the City to conduct a criminal offender information check through the OSP LEDS system.  Additionally, applicants will authorize the City to conduct a check of their driving record and status.  The criminal history and driving record/status authorization form will be presented to the Sandy Police Department at the time the records checks are conducted.  Authorization forms will be returned to the requesting entity after the records check has been conducted.

SECTION 2.30.030 – Procedure.
A member of the Police Department who is trained and authorized to perform criminal history (using the appropriate LEDS authorization coding) and driving record/status checks will conduct the check on the prospective employee or volunteer and orally report to the City of Sandy, Sandy Fire District, Boring Fire District or the Oregon Trail School District the applicant’s record, the hard copy of which will then be shredded.  A request for a written criminal history report from OSP Identification Services Section can be made by the employing agency after paying the applicable fee for this service.

SECTION 2.30.040 – Retention of Criminal Record Checks.
The written criminal history report (if one is requested from the OSP Identification Services Section) on persons who are not hired as an employee or appointed as a volunteer will be retained in accordance with the requirements of OAR 166-200-0090(21)for a period of three years and thereafter will be destroyed by shredding.  The criminal history report of applicants and volunteers with a criminal history that are hired or appointed, will become a part of the confidential personnel file of that employee or volunteer.  Access to confidential personnel files is limited to persons who have an official need to access such files.

SECTION 2.30.050 – Use of Criminal Record Checks.
Applicants for employment or appointment as a volunteer who have a felony criminal history, or a history of conviction of a misdemeanor involving moral turpitude or theft, will be closely examined by selecting officials to  determine  if the  applicant possesses the required degree of citizen and public trust and confidence.  Each employment or volunteer selection will, however, be made on an individual, case-by-case basis, taking into account the applicant’s qualifications, the requirements of the particular job or volunteer post applied for, and the results of the criminal history check.  Factors such as the age of an offender at the time of the offense, the type offense and subsequent rehabilitation, and the public sensitivity of the position under consideration, must be taken into account in evaluating a criminal history report.  Hiring or appointing a volunteer with a criminal history record will require a positive recommendation by the selecting official and the approval of the appropriate City, Fire District or School District elected official or governing body, after full disclosure and consideration of the criminal history and the applicant.

Chapter 2.52 - Library Penalties for Prohibited Actions

2.52.010 Offenses designated.
A. It is unlawful for any person to detain any library materials belonging to the Sandy and Hoodland Libraries after its due date. Notice shall be given after the expiration of time which by regulation of the library such materials may be kept.
B. It is unlawful for any person willfully or maliciously to write upon, injure, deface, tear or destroy any library material belonging to the Sandy and Hoodland libraries. Notice of a violation in writing shall be given by the librarian.
(Ord. 14-97 § 3, 1997: Ord. 28-75 § 1, 1975; 2013-06, 2013.)

2.52.020 Notice–Contents.
The notice shall include the nature of the violation as set forth in Section 2.52.010. (Ord. 14-97 § 4, 1997: Ord. 28-75 § 2, 1975.)

2.52.030 Penalty.
A. Violation of Section 2.52.010A is punishable by a fine to be set by council resolution. Violation of Section 2.52.010B is punishable by a fine equal to the amount of the repair or replacement costs of the item(s) tampered with. Payment of a fine imposed under this section shall not be construed to constitute payment for library material thereby relieving any obligations to return to the library such material.
B. If the unreturned library material in violation of Section 2.52.010 is not returned within forty-five days from the date the violation notice is sent under Section 2.52.030A, the library material will be deemed lost and the lendee's account will automatically be assessed a fine equal to the replacement costs of the material lost.
(Ord. 14-97 § 5, 1997: Ord. 28-75 § 3, 1975; 2013-06, 2013.)

2.52.040 Patronage denied.
The right to borrow materials from the Sandy and Hoodlandlibraries will be denied to any person who is in violation of this chapter until such time as the balance owed on their account is less than $25.00. Use of library facilities may be barred due to inappropriate behavior, under guidelines set by the Library Board. (Ord. 28-75 § 4, 1975; 2013-06, 2013.)

Chapter 2.60 - Unclaimed Property

All property not held for evidence in a pending criminal investigation or proceeding, and held for 90 days or longer (60 days or more, plus 30 days after notice), where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The property and evidence technician shall request a disposition or status on all property which has been held in excess of 120 days, and for which no disposition has been received from a supervisor or detective. Oregon Revised Statutes 98.245 and 98.336 govern the disposition of property held by law enforcement agencies. (Ord. 2013-06, 2013.)

2.60.010 Disposal
Unclaimed property will be disposed of in accordance with the provisions of Oregon Revised Statutes 98245.

Disposal may consist of:
(a) Destruction
(b) Sale at public auction
(c) Retention for public use

2.60.020 Report and Notice of sale.
A. The Sandy Police Department shall complete an inventory describing unclaimed property. The Chief of Police or his/her designee shall publish notice of intent to dispose of the unclaimed property described in the inventory prepared. The notice shall be posted in three public places in the jurisdiction, and shall be published in a newspaper of general circulation in the jurisdiction of the police department. The notice shall include a description of the unclaimed property as provided in the inventory, the address and telephone number of the police department and a statement in substantially the following form:

"Notice

The Sandy Police Department has in its physical possession the unclaimed personal property described below. If you have any ownership interest in any of the unclaimed property, you must file a claim with the Sandy Police Department within 30days from the date of publication of this notice, or you will lose your interest in that property.”

B. A copy of the notice described above shall also be sent to any person that the Sandy Police Department has reason to believe has an ownership or security interest in any of the unclaimed property described in the notice. A notice sent pursuant to this paragraph shall be sent by regular mail to the last known address of this person.

C. Prior to the expiration of the time period stated in a notice issued pursuant to this section, a person may file a claim that present proof of satisfactory to the Sandy Police Department that the person is the lawful owner or security interest holder of any property described in that notice. The Sandy police department shall then return the property to that person.

D. If the Sandy Police Department fails to return property to a person that has timely filed a claim, the person may file, within 30 days of the date of the failure to return the property, a petition seeking return of the property to the person. The petition shall be filed in the circuit court of the county in which the property is located. If one or more petitions are filed, the Sandy Police Department shall hold the property pending receipt of an order of the court directing disposition of the property or dismissing the petition or petitions with prejudice. If the court grants the petition, the Sandy Police Department shall turn the unclaimed property over to the petitioner in accordance with the order.

E. Unless the Sandy Police Department or court upholds the claim or petition, title to all unclaimed property described in a notice issued pursuant to this section shall pass to the Sandy Police Department free of any interest or encumbrance thereon in favor of any person who has:
1. A security interest in the property and to whom the Sandy Police Department mailed a copy of the notice described above; or
2. Any ownership interest in the property.

2.60.030 Disposition of proceeds.
The chief of police shall cause the sale to be conducted and shall deposit the proceeds thereof, together with any other money included in the notice, in the city treasury to the credit of the city general fund.

2.60.040 Alternatives to sale.
In lieu of a sale of the property under the provisions of this chapter, the chief of police, with the approval of the city manager, may transfer any portion of the unclaimed property to the city for use by the city, other governmental agencies, or nonprofit charitable organizations, or by destruction after the same notices as set forth in Section 2.60.020.

2.60.050 Destruction.
The chief of police shall cause contraband or illegal drugs and/or substances to be destroyed at the direction of the court after such property has been provided to the courts as evidence and is no longer required by the procedure at the courts. Any unclaimed or found contraband, illegal drugs and/or substances shall be destroyed at the direction of the chief of police and certification of destruction shall be placed in the case file jacket relating to such found or unclaimed property.

2.60.060 Perishable items.
Due to health, safety and welfare concerns, no perishable items will be maintained as evidence, safekeeping or found property.

2.60.070 Value less than fifty dollars.
In the case of abandoned property, other than abandoned motor vehicles, which, after careful examination, appears to have a value of fifty dollars or less, the same shall be held for a period of at least thirty days. If not claimed within that period, such property may be disposed of without notice or public sale, but in no event shall any officer or employee of the city obtain title to or possession of such property upon disposal.

Chapter 2.70 - Liquor License Review

2.70.010 Purpose.
The purpose of this chapter is to provide review criteria and administrative procedures for review of liquor licenses. Per ORS 471.166, the city council may make a recommendation to the Oregon Liquor Control Commission concerning the granting, denying, modifying or renewing of all liquor license applications within the city, if so requested by the Commission. (Ord. 10-84 § 1 (part), 1984; 2013-06, 2013.)

2.70.020 Scope of provisions.
This chapter shall govern the procedures and criteria for consideration of liquor license applications and city council recommendation to the Oregon Liquor Control Commission. (Ord. 10-84 § I (part), 1984.)

2.70.030 Definitions.
For the purposes of this chapter the words set out in this section shall mean:

A. "City manager" means the city manager or his designee.

B. "Application" means the written request to the city council to grant, modify or renew a liquor license.

C. "Commission" means the Oregon Liquor Control Commission.
(Ord. 10-84 § 1 (part), 1984.)

2.70.040 License application.
Any person or business subject to a city council recommendation to the commission on a liquor license application shall make application upon suitable forms furnished by the Oregon Liquor Control Commission. The application shall contain:

A. The type of license applied for and a description of the nature of the business for which the application is made;

B. The name of the applicant, with address; if a partnership, the names and addresses of all partners; if the business is a corporation, the name and address of the home office, and the name and address of the designated agent in the state; if a foreign corporation, the name and address of the local agent or representative who will be in charge of the business in the city;

C. The address of the location where the business will be located in the city;

D. The date of application;

E. Any other relevant information the city manager deems necessary for review;

F. The signature of the applicant or agent making the application.At the time of submission of the application, the applicant will be required to pay applicable fees as determined by the city council by resolution. (Ord. 18-93 § 4, 1993; Ord. 10-84 § 1 (part), 1984; 2013-06, 2013.)

2.70.050 City manager's duties.
The city manager shall provide application forms and shall maintain a record of all applications. The city manager shall review all applications for the purpose of making a recommendation to the city council. The review may include those subjects contained in this chapter and the city manager may require the applicant to supply any relevant additional information to determine the qualifications of the applicant.
Upon completion of the review, the city manager shall make a recommendation to the city council. (Ord. 10-84 § 1 (part), 1984.)

2.70.060 Hearing procedure.
A.
If the city manager recommends approval of the application, the application will be scheduled as a council agenda item. Upon adverse recommendation by the city manager, a public hearing will be scheduled and notice given pursuant to Section 2.70.070 of this chapter.

B. The hearing will be presided over by the mayor or, in his or her absence, the president of the council.

C. The city and the applicant shall have the right to present evidence and witnesses and shall have the right to cross examine witnesses presenting opposing testimony. The city manager shall present the evidence and witnesses for the city.

D. The applicant may be represented by legal counsel, but legal counsel shall not be provided at public expense.

E. The hearing shall be limited to production of evidence as alleged in the city manager's recommendation, unless the city council waives the rule.

1.)Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of their serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

2.) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
F. After due consideration of all pertinent information and testimony, the city council shall make its recommendation. The recommendation shall be based on substantial evidence relative to the criteria in this chapter and shall be final. In the case of an adverse recommendation, the specific reasons for the recommendation shall be announced at the meeting and set out in the city council's minutes. A copy of the minutes shall be provided to the commission.
(Ord. 10-84 § 1 (part), 1984.)

2.70.070 Applicant notice.
Before the city council recommends denial of a liquor license application to the commission, notice of the public hearing must be given either personally or by registered or certified mail postmarked not later than ten days prior to the hearing. The notice shall contain:

A. A statement of the time and place of hearing;

B. A statement from the city manager of the matter(s) asserted or charged supporting the adverse recommendation or stating why the hearing was requested;

C. A statement that the applicant may be represented by legal counsel at the hearing, but legal counsel shall not be provided at public expense;

D. A statement that if the applicant desires to participate in the hearing, the manager must receive notice in writing, no later than five working days prior to the hearing; and
E. A statement that if participation is requested by the applicant, that a copy of this chapter may be obtained at the city manager's office.
(Ord. 10-84 § 1 (part), 1984.)

2.70.080 Public notice.
In the event that a public hearing is scheduled, the city, in addition to any regular city council notice provisions, shall cause to be published in a newspaper of general circulation in the city a notice specifying a time, date and location of the hearing and business name and address of the applicant. The notice shall inform the public that testimony may be given for or against the application. (Ord. 10-84 § 1 (part), 1984.)

2.70.090 Standards and criteria.
The city council shall make its recommendation for approval, denial or modification of the liquor license application based on the city council's evaluation of the relevant standards and criteria. The applicant shall be held strictly accountable for the conditions of the premises. The city council may recommend against the applicant if:

A. The application is incomplete;

B. The applicant neglects or refuses to provide in a timely manner any information reasonably requested by the city manager or city council:

C. The applicant provides false or misleading information to the city manager, city council or any city employee;

D. Public opinion weighs against the application. Public opinion may be received by written or oral comment. Persons who comment on a pending application must provide their names in order to have the opinion considered. Public opinion will be evaluated in light of the reasons expressed and the extent to which the persons expressing it are likely to be affected by the issuance of the license. Greater weight will be given to opinions of persons residing, working or owning a business within a one-half mile radius of the premises. The number of persons expressing support or opposition will not, in and of itself, be controlling;

E. The applicant's premises and the area nearby are heavily frequented by persons under twenty-one years of age unaccompanied by adults;

F. The applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted of any felony or any misdemeanor involving moral turpitude;

G. The applicant uses controlled substances or alcoholic beverages to excess;

H. The applicant has maintained, or allowed to exist a noisy, lewd, or disorderly establishment, or an establishment which creates or is a public nuisance under the ordinances of the city or laws of the state;

I. The applicant's premises are not maintained in good repair, both interior and exterior, and kept clean and free of litter, rubbish or dirt;

J. The applicant's premises are unsanitary;

K. The applicant or applicant's premises fail to conform to, abide by, or comply with, city ordinances or regulations or state laws and regulations;

L. The applicant's premises place unreasonable, excessive demand on city services, including law enforcement.
(Ord. 10-84 § 1 (part), 1984.)

Chapter 2.80 - Emergency Planning

2.80.010 Title.
This chapter shall be known as the "emergency planning chapter" and may be so cited and pleaded and is referred to herein as "this chapter." (Ord. 1-89 § 1 (part), 1989.)

2.80.020 Purpose.
The purpose of this chapter is to define the authority and responsibility for emergency planning, to provide a procedure to minimize injury to persons and property and to preserve the established civil authority in the event a state of emergency exists within the city. (Ord. 1-89 § 1 (part), 1989.)

2.80.030 Definition of emergency.
For the purposes of this chapter, "emergency" means any manmade or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering, or financial loss to the extent that extraordinary measures must be taken to protect the public health, safety and welfare. Such events shall include, but not be limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other hazardous substances, disease, blight, infestation, utility or transportation service disruptions, civil disturbance, riot, sabotage and war. (Ord. 1-89 § 1 (part), 1989.)

2.80.040 Authority of city.
Under the provisions of ORS Chapter 401 and applicable municipal charter provisions. the authority and responsibility to organize for and respond to emergency situations is vested in each political subdivision of the state. ORS Chapter 401 further authorizes the governing body or executive officer of each city to establish an emergency management agency to perform emergency program development, fiscal management, coordination with nongovernmental agencies and organizations, public information, personnel training and development and implementation of exercises to test the system. (Ord. 1-89 § 1 (part), 1989.)

2.80.050 Declaration of emergency.
A.
When, in the judgment of the city council, a state of emergency exists, it shall declare in writing and publicize the existence of the emergency. If circumstances prohibit the timely action of the city council, the mayor may declare a state of emergency, provided that the approval of a majority of the city council is sought and obtained at the first available opportunity.

B. Upon that declaration, the mayor is empowered to assume centralized control of and have authority over all departments, divisions and offices of the city in order to implement the provisions of this chapter. The state of emergency declared pursuant to this section shall specify the area(s) which warrant the exercise of emergency controls. The mayor shall terminate the state of emergency when the emergency no longer exists or the threat of an emergency has passed.
(Ord. 1-89 § 1 (part), 1989.)

2.80.060 Succession of authority.
A. In the event the mayor is unavailable or unable to perform his/her duties under this chapter, the duties shall be performed by:

1. President of the council;

2. City manager;

3. Police chief.

B. All references to the mayor in this chapter shall be deemed to refer to the successor referred to in this section.
(Ord. 1-89 § 1 (part), 1989; 2013-06, 2013.)

2.80.070 Regulation and control.
Whenever a state of emergency has been declared to exist with the city, the city council is empowered to order and enforce the measures listed in this section. However, if circumstances prohibit the timely action of the city council, the mayor may order the following measures provided that approval from a majority of the city council is sought and obtained at the first available opportunity, or the mayor's order will become null and void.

A. Establish a curfew for the area designated as an emergency area which fixes the hours during which all persons other than officially authorized personnel may not be upon the public streets or other public places;

B. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place within the area designated as an emergency area;

C. Barricade streets and roads, as well as access points onto streets and roads, and prohibit vehicular or pedestrian traffic, or restrict as an emergency area for such distance or degree of regulation as may be deemed necessary under the circumstances;

D. Evacuate persons from the area designated as an emergency area;

E. Close taverns or bars and prohibit the sale of alcoholic beverages throughout the city or a portion thereof;

F. Commit to mutual aid agreements;

G. Suspend standard procurement procedures to obtain necessary services and/or equipment;

H. Redirect funds for emergency use;

I. Order such other measures as are found to be immediately necessary for the protection of life and/or property.
(Ord. 1-89 § 1 (part), 1989.)

2.80.080 Acquisition of resources.
Under this section, the city council is authorized to extend government authority to nongovernmental resources (i.e., personnel, equipment) which may support regular government forces during an emergency and may enter into agreements with other public and private agencies for use of resources. When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation. (Ord. 1-89 § 1 (part), 1989.)

2.80.090 Penalty.
A. Any person, firm, corporation, association or entity who violates any emergency measure taken by the city council under authority of this chapter shall be subject, upon conviction, to a fine of not more than five hundred dollars per offense.

B. Each day of violation shall be deemed a separate offense for purposes of imposition of penalty.

C. Where the Oregon Revised Statutes provide for a penalty for the act, commission or omission, the penalty prescribed herein shall be no greater than prescribed by said Oregon Revised Statutes.
(Ord. 1-89 § 1 (part), 1989.)

2.80.100 Responsibility for emergency program management.
For the purposes of this chapter, emergency planning and management will be done according to the city’s emergency management plan, developed in coordination with Clackamas County, Sandy Fire District and other emergency responders (Ord. 2013-06, 2013).

2.80.110 Separability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deeded a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter (Ord. 1-89 § 1 (part), 1989.)

Chapter 2.90 - Measure 37 Claims Procedure (Ordinance 2004-07, December 6, 2004)

2.90.010 Purpose
The purpose of this chapter is to accomplish the following regarding claims for compensation under ORS Chapter 197, as amended by Ballot Measure 37, adopted November 2, 2004:

Process claims for compensation quickly, openly, thoroughly, and consistently with the law; enable present real property owners making claims for compensation to have an adequate and fair opportunity to present their claims to the City; provide the City with the factual and analytical information necessary to adequately and fairly consider claims for compensation, and take appropriate action under the alternatives provided by law; preserve and protect limited public funds; preserve and protect the interests of the community by providing for public input into the process of reviewing claims; and establish a record of decisions capable of withstanding legal review.

2.90.020 Definitions
For purposes of this chapter the following definitions apply:

(1) Appraisal. Means a written statement prepared by an appraiser licensed by the Appraiser Certification and Licensure Board of the State of Oregon under ORS Chapter 674. For commercial or industrial property, the term “appraisal” also means a written statement prepared by an appraiser holding the MAI qualification and evidenced by written certificate.

(2) Ballot Measure 37. Means the provisions added to ORS Chapter 197 by Ballot Measure 37 as approved by Oregon voters on November 2, 2004.

(3) Claim. Means the written demand for compensation made by an owner of real property in accordance with Ballot Measure 37 and this chapter.

(4) Exceptions to land use regulation. The following land use regulations are excluded form the application of this chapter:

(a) A regulation restricting or prohibiting activities commonly and historically recognized as public nuisances under common law, including Title 8 of the Sandy Municipal Code, as amended from time to time, and the criminal laws of Oregon and the City.

(b) A regulation restricting or prohibiting activities for the protection of public health and safety such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;

(c) A regulation required for compliance with federal law;

(d) A regulation restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing; or

(e) A regulation enacted prior to the date of acquisition of the real property by the owner or a family member of the owner who owned the subject property prior to acquisition or inheritance by the owner, whichever occurred first.

(5) Family member. Means the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the real property, an estate of any of the foregoing family members, or a legal entity owned by any one or combination of these family members or the owner of the real property.

(6) Land use regulation. Means any City comprehensive plan, zoning ordinance, land division ordinance or transportation ordinance. A land use regulation does not include any land use regulation excepted from this chapter, any City system development charge, or any other City development fees or charges.

(7) City manager. Means the City Manager or designee.

(8) Owner. Means the present owner of real property that is the subject of the claim for compensation, or any interest therein. The owner must be a person who is the sole fee simple owner of the real property or all joint owners whose interests add up to a fee simple interest in property including all persons who represent all recorded interests in property, such as co-owners, holders of less than fee simple interests, leasehold owners, and security interest holders.

(9) Property. Means any private real property or interest therein. It includes only a single parcel or contiguous parcels in single ownership. It does not include any parcels that are under different ownerships, regardless of contiguity.

(10) Reduction in Value. Means the difference in the fair market value of the property before and after enactment, enforcement or application of a land use regulation as defined in this chapter.

2.90.030 Pre-filing Conference
1) Before submitting a claim for compensation, the owner must schedule and attend a pre-filing conference with the city manager to discuss the claim. The pre-filing conference will follow the procedure set forth by the city manager and may include a filing fee and notice to neighbors, other organizations and agencies. The filing fee will be set by city council resolution.

(2) To schedule a pre-filing conference, the owner must contact the city manager and pay the appropriate conference fee. The pre-filing conference is for the owner to provide a summary of the owner’s claim to the city manager, and for the city manager to provide information to the owner about regulations that may affect the claim. The city manager may provide the owner with a written summary of the pre-filing conference within 10 days after it is held.

(3) The city manager is not authorized to settle any claim at a pre-filing conference. Any omission or failure by staff to recite to an owner all relevant applicable regulations will not constitute a waiver or admission by the City.

(4) A pre-filing conference is valid for six months from the date it is held.  If no claim is filed within six months of the conference, the owner must schedule and attend another conference before the City will accept a claim for filing. The city manager may waive the pre-filing requirements if, in the city manager’s opinion, a pre-filing conference would serve no purpose.

2.90.040 Claim Requirements
1) Form, Completeness and Review.

(a) A claim must be submitted and accepted for filing only using the forms provided by the city manager. A claim must consist of all materials required by this Chapter. A claim will not be considered filed under Ballot Measure 37 until the City accepts the claim after the requirements of this chapter are fulfilled by the owner of real property.

(b) The city manager will conduct a completeness review within 15 days after submittal of the claim and will advise the owner in writing of any material remaining to be submitted. The owner must submit the material needed for completeness within 30 days of the written notice that additional material is required. If the owner fails to provide the additional materials within the 30 day period, the claim will not be accepted for filing.

(c) The 180-day period required before accrual of a cause of action for compensation in circuit court under Ballot Measure 37 begins on the date the city manager deems the claim complete, and accepts it for filing. The city manager will mark the date of completeness and filing on the claim form and provide a copy to the claimant.

(d) The owner may request an extension for filing a complete claim. A request for an extension or continuance will be deemed a waiver of the beginning of the 180-day period required before accrual of a cause of action for compensation.

(2) Claim Requirements. A claim will not be accepted for filing without all of the following information:

(a) Fee. An application fee must be paid in advance of acceptance for filing to cover the costs of completeness review and claim processing. This fee will be established by city council resolution.

(b) Claim Form. A completed claim on a form provided by the city manager.

(c) Identification of Owner and Other Interest Holders. The name(s), address(es) and telephone number(s) of all owners, and anyone with any interest in the property, including lien holders, trustees, renters, lessees, and a description of the ownership interest of each.

(d) Property Description. The address, tax lot number, and legal description of the real property that is the subject of the claim.

(e) Nearby Property Owner Information. The names and addresses of all owners of property within 300 feet of the property, as listed on the most recent property tax assessment roll where such property is located.

(f) Listing of Nearby Owned Property. Identification of any other property owned by the owner within 300 feet of the boundary of the claim property.

(g) Title Report. A title report demonstrating the title history, the date the owner acquired ownership of the property, and the ownership interests of all owners. The title report must also specify any restrictions on use of the property unrelated to the land use regulation including, but not limited to, any restrictions established by covenants, conditions and restrictions (CC&Rs), other private restrictions, or other regulations, easements or contracts.

(h) Copy of Existing Regulation. A copy of the land use regulation that the owner making the claim believes restricts the use of the property, or interest therein, and that the owner believes has had the effect of reducing the fair market value of the property, including the date the owner claims the land use regulation was first enacted, enforced or applied to the property.

(i) Copy of Prior Regulations. A copy of the land use regulation in existence, and applicable to the property, when the owner became the owner of the property, and a copy of the land use regulation in existence immediately before the regulation that was enacted or enforced or applied to the property, that the owner claims restricts the use of the property and, the owner claims, caused a reduction in fair market value due to the regulation described in item (h) above being more restrictive.

(j) Appraisals. A written appraisal by an appraiser, qualified as such in the State of Oregon, stating the amount of the alleged reduction in the fair market value of the property by showing the difference in the fair market value of the property before and after enactment, enforcement or application of the land use regulation described in item (h) above, and explaining the rationale and factors leading to that conclusion. If the claim is for more than $10,000, copies of two appraisals by different appraisers must be included.

(k) Narrative. The owner must provide a narrative describing the history of the owner and any family member’s ownership of the property, the history of land use regulations applicable to the claim, and how the enactment, enforcement or application of the land use regulation restricts the use of the property, or any interest therein, and has the effect of reducing the fair market value of the property, or any interest therein.

(l) Statement Regarding Exceptions. A statement by the owner making the claim of why the following Ballot Measure 37 exceptions do not apply:

1. Commonly and historically recognized public nuisances under common law;

2. Protection of public health and safety;

3. Regulations required under federal law;

4. Use of property for the purpose of selling pornography or performing nude dancing; or

5. The subject land use regulation was enacted prior to the date of the acquisition of the property by the owner, or prior to acquisition by a family member of the owner who owned the subject property prior to the acquisition or inheritance by the owner [if “family member” status is claimed it must also be addressed in the title report required by item (h) above].
 
(m) Owner Statement. A statement by the owner explaining the effect a modification, removal or non-application of the land use regulation would have on the potential development of the property, and stating the most extensive development the owner believes would be permitted on the property if the identified land use regulation were modified, removed or not applied.

(n) Copies of Documents. Copies of any land use actions, development applications or other applications for permits previously filed in connection with the property and the action taken. City “enforcement” or “application” of the land use regulation is a prerequisite to making a Measure 37 claim must be described and identified by the claimant.

(o) Site Plan and Drawings. A copy of the site plan and drawings in a legible 8 ½ by 11-inch format that relate to the proposed use of the property if the land use regulation is modified, removed or not applied.

(p) Statement of Relief Sought. A statement of the relief sought by the owner.

2.90.050 Claim Review Process
(1) The city manager will assess any claim for compensation and make a recommendation to the city council on the disposition of the claim. The recommendation will state that the claim be:

(a) Denied,

(b) Investigated further,
 
(c) Declared valid, in which case the recommendation will further state whether the land use regulation at issue should be removed, waived or modified, or that the claimant should be compensated, or

(d) Evaluated in another manner not inconsistent with this chapter or Ballot Measure 37, including possible City condemnation of the property.

(2) The city council will conduct a public hearing before taking final action on a recommendation from the city manager.

(3) Notice of the public hearing will be provided to the claimant and to all record owners of the subject property, and to all owners of property within 300 feet of the subject property. Additional notice may be sent to the Oregon Department of Land Conservation and Development, Metro and such others as the City may designate.

(4) The notice will state the date, time and location of the hearing and will be sent no later than 10 days before the hearing. The notice will describe the hearing process, and will state how evidence may be submitted.

(5) After the conclusion of the public hearing, and no later than 180 days from the date the claim was filed, the city council will:

(a) Determine that the claim does not meet the requirements of this chapter and Ballot Measure 37, and deny the claim; or

(b) Adopt an order with appropriate findings that supports a determination that the claim is valid and directs that the claimant be compensated in an amount set forth in the order, or remove, waive or modify the challenged land use regulation as applied to the subject property.

(6) The city council’s decision to remove, waive or modify a land use regulation or to compensate the claimant will be based on whether the public interest would be better served by compensating the owner, or by removing, waiving or modifying a land use regulation with respect to the subject property; or any other factors deemed relevant by the city council.

(7) If the city council removes, waives or modifies a land use regulation, it may apply the land use regulations in effect at the time the claimant acquired the property.

(8) The owner will bear the burden of proof relating to the claim, the devaluation of the owner’s property and the owner’s entitlement to just compensation. The standard of proof will be by a preponderance of the evidence.

(9) A copy of the city council order will be sent by mail to the owner and to each individual or entity that participated in the city council review process if the City was provided with a mailing address.

(10) The city council may establish by resolution additional procedures related to the processing of Ballot Measure 37 claims.
 
2.90.060 Conditions, Revocation and Transfer
(1) The city council may establish any relevant conditions of approval for compensation, should compensation be granted, or for any other action taken under this chapter.

(2) Failure to comply with any condition of approval is grounds for revocation of the approval of the compensation for the claim, grounds for recovering any compensation paid and grounds for revocation of any other action taken under this chapter.

(3) If the owner, or the owner’s successor in interest, fails to fully comply with all conditions of approval, the City may institute a revocation or modification proceeding before the city council under the same process for city council review of a claim under this chapter.

(4) Unless otherwise stated in the City’s decision, any action taken under this chapter runs with the property and is transferred with ownership of the property. All conditions, time limits or other restrictions imposed with approval of a claim will bind all subsequent owners of the subject property.

(5) A land use regulation waived under this chapter will create a Measure 37 nonconforming use, or a Measure 37 nonconforming structure, as appropriate, on the property benefiting from the waiver.

2.90.070 Waiver of Claims
All potential claims that an owner knew or should have known exist as of the date a claim is submitted must be included in that claim if they are to be preserved. Any potential claim not included is waived by the property owner.

2.90.080  Costs and Attorney Fees
If an owner commences an action to collect compensation and the City prevails, the City is entitled to all fees and costs it incurred, as well as any sum that a court, including any appellate court, may deem reasonable as attorney’s fees.

2.90.090  Availability of Funds to Pay Claims
Compensation can only be paid based on the availability and appropriation of funds for this purpose.

2.90.100  Review of a Decision
A writ of review under ORS 34.010 to 34.102 is the exclusive means to contest a final decision of the city council under 2.90.050, and must be filed within 60 days of the notice provided under 2.90.050.  The owner of the real property that is the subject of the claim under this chapter is a necessary party in such a proceeding.

2.90.110 Private Cause of Action
If the city council’s removal, modification, or waiver of a land use regulation reduces the value of other property adjacent to a property that is the subject of a claim under this chapter, the adjacent property owner(s) are granted a cause of action in a court of competent jurisdiction to recover from the claimant the amount of the reduction. In any such action, the adjacent property owner(s) are entitled to all fees and costs incurred, as well as any sum that a court, including any appellate court, may deem reasonable as attorney fees. This section does not create a cause of action against the City.

2.90.120 Compensation by Other
An individual or entity other than the City may compensate the claimant for any diminution in value established under this chapter, in lieu of the City removing, modifying or waiving the land use regulation causing the diminution. A contract between the City, the claimant and the individual or entity providing the compensation is a condition precedent to compensating a claimant under this subsection, and must be approved by the city attorney.

2.90.130 Severability
If any phrase, clause, or other part or parts of this chapter are found invalid by a court of competent jurisdiction, the remaining phrases, clauses and other part or parts will remain in full force and effect.

2.90.140 Applicable State Law, No Independent Rights
For all claims filed the applicable state law is those portions of ORS Chapter 197 added by Ballot Measure 37, or as amended, modified or clarified by subsequent amendments or rules adopted by the Oregon Legislature or Oregon administrative agencies. Any claim that has not been processed completely under this chapter will be subject to any such amendments, modifications, clarifications or other state actions. This chapter is adopted solely to address claims filed under the ORS Chapter 197 provisions added by Ballot Measure 37. This chapter does not create any rights independent of those provisions.