2.50.060 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:
1. Determine that the claim does not meet the requirements of Measure 37 and this article, and adopt a resolution with findings for denial of the claim; or
2. Adopt a resolution with findings therein that support a determination that the claim is valid and either direct 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.
B. The city council’s decision to 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 or modifying the challenged land use regulation with respect to the subject property.
C. If the city council removes 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, and which may have been subsequently removed.
D. A decision by the city council to remove or modify a land use regulation shall, notwithstanding the provisions of Chapter 18.195 TMC, Nonconforming Uses, Lots and Structures, 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 to anyone.
1. The resolution described in subsection (A)(2) of this section shall provide that upon any interest in subject property being conveyed to another person or persons, the removed or modified land use regulation is automatically reinstated.
2. The resolution shall be drafted in such a manner that it is recordable in the office of the Jackson County recorder, and the city manager shall cause the resolution, or a memorandum of said resolution, including the reinstatement provision, to be recorded in said office.
3. The adopted resolution shall become effective upon full payment of all fees. [Ord. 774 § 6.]