3.24.060 City council action on claim.
A. Upon conclusion of the public hearing, and prior to the expiration of 180 days from the date the claim was filed, the City Council shall adopt a resolution that:
1. Determines that the claim does not meet the requirements of Measure 37 and this chapter, and denies the claim; or
2. Determines that the claim is valid and either directs that the claimant be compensated in an amount set forth in the Resolution for the reduction in value of the property, or remove, modify or direct that the challenged land use regulation not be applied to the property (waive); or determines that the city should acquire the property.
B. The City Council’s decision to remove, waive or modify a land use regulation or to compensate the owner shall be based on whether the public interest would be better served by compensating the owner or by removing, waiving or modifying the challenged land use regulation with respect to the subject property.
C. If the City Council removes, waives, or modifies the challenged land use regulation, it may, at its discretion, put back into effect with respect to the subject property, all of the land use regulations in effect at the time the claimant acquired the property.
D. A decision by the Council to remove or modify a land use regulation shall be personal to the claimant(s) and shall automatically become invalid and void upon the transfer of any ownership interest in the subject property by the claimant(s) to any person. Following voiding of the decision because of transfer, any use of the property must be consistent with all regulations in effect at the time of transfer, or as thereafter amended. Should a development or use not be consistent with such regulations, then the use may be declared a public nuisance and abated as provided in Chapter 8.08 of this code.
E. The City Council may establish any relevant conditions of approval for compensation, should compensation be granted, or for any other action taken under this section.
F. A copy of the City Council’s resolution adopted under this section shall be recorded on the property in the deed records of Hood River County.
G. The Planning Department shall be responsible for keeping track of City Council decisions removing, waiving or modifying land use regulations on the City zoning map. Alterations to the City zoning map under this provision are not be land use decisions.