WALDPORT MUNICIPAL CODE

TITLE 1 - GENERAL PROVISIONS

Chapters:

Chapter 1.01

CODE ADOPTION

Sections:
1.01.010 Adoption.
1.01.020 Title-Citation-Reference.
1.01.030 Reference applies to all amendments.
1.01.040 Title, chapter and section headings.
1.01.050 Reference to specific ordinances.
1.01.060 Ordinances passed prior to adoption of the code.
1.01.070 Effect of code on past actions and obligations.
1.01.080 Constitutionality.

1.01.010 Adoption.
There is hereby adopted the "Waldport Municipal Code", as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 664 § 1, 2000)

1.01.020 Title-Citation-Reference.
This Code shall be known as the "Waldport Municipal Code" and it shall be sufficient to refer to said Code as the "Municipal Code" or "Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Municipal Code" or "Code". References may be made to the titles, chapters, sections and subsections of the "Municipal Code" or "Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 664 § 2, 2000)

1.01.030 Reference applies to all amendments.
Whenever a reference is made to this Code as the "Waldport Municipal Code", "Municipal Code", or "Code" or to any portion thereof, or to any ordinance of the City of Waldport, Oregon, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 664 § 3, 2000)

1.01.040 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 664 § 4, 2000)

1.01.050 Reference to specific ordinances.
The provisions of this Code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code. (Ord. 664 § 5, 2000)

1.01.060 Ordinances passed prior to adoption of the code.
The last ordinance included in this code was Ordinance No. 661, passed on August 5, 1999. The following ordinances, passed subsequent to Ordinance No. 661, but prior to the adoption of this Code, are hereby referred to and made part of the Ordinance List and Disposition Table of this Code: Ordinance 662 which grants a franchise to Falcon Cable TV (Special); and Ordinance 663, an annexation by consent (Special). (Ord. 664 § 6, 2000)

1.01.070 Effect of code on past actions and obligations.
The adoption of this Code does not affect prosecutions for ordinance violations committed prior to the effective date of this Code, does not waive any fee or penalty due and unpaid on the effective date of this Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 664 § 7, 2000)

1.01.080 Constitutionality.
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. (Ord. 664 § 8, 2000)

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Sections:
1.04.010 Official City newspaper.

1.04.010 Official City newspaper.
The South Lincoln County News is designated as the official City newspaper of the City of Waldport. (Ord. 643 § 1, 1997)

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Sections:
1.08.010 Applicability.
1.08.020 Purpose.
1.08.030 Definitions.
1.08.040 Enforcement authority - Issuance of citations.
1.08.050 Arrest or detention prohibited.
1.08.060 Citation and complaint.
1.08.070 Forfeiture amounts.
1.08.080 Response by defendant.
1.08.090 Discretionary powers of court.
1.08.100 Hearings.
1.08.110 City Attorney involvement.
1.08.120 Exclusive procedure for imposing forfeiture.
1.08.130 Additional remedies.
1.08.140 Delinquent forfeitures - Lien.
1.08.150 Continuing violations.
1.08.160 Escalating Fine for Chronic Infractions

1.08.010 Applicability.
The procedures set forth in this chapter shall be applicable to all civil infractions so designated by existing ordinances of the City and all future ordinances designating a violation as a civil infraction. (Ord. 655 § 1, 1999)

1.08.020 Purpose.
The purpose of this chapter is to provide a convenient and practical forum for a civil hearing and determination of cases arising out of violations of City ordinances denominated as civil infractions. (Ord. 655 § 2, 1999)

1.08.030 Definitions.
As used in this chapter, unless context requires otherwise:
    "Civil infraction" means a violation of a City ordinance designated as civil infraction.
    "Forfeiture" means the penalty imposed for a civil infraction if a violation is found to have been committed.
    "Person" means any person, firm, partnership, corporation or association of persons. (Ord. 655 § 3, 1999)

1.08.040 Enforcement authority - Issuance of citations.
    A. The City Attorney, City Recorder, code/law enforcement officer, City Planner, or Public Works Director are authorized to enforce violations of City ordinances designated as infractions.
    B. The City Recorder, code/law enforcement officer, City Planner, or Public Works Director, in enforcing ordinances designated as infractions pursuant to this ordinance, may issue citations to any violator. If the person to be issued a citation is a firm, corporation or any other organization, issuance of a citation to any employee, agent or representative thereof shall be sufficient to confer jurisdiction upon the municipal court. (Ordinance. 655 § 4, 1999)

1.08.050 Arrest or detention prohibited.
No person may be arrested or detained for violation of a City ordinance denominated as a civil infraction. (Ordinance. 655 § 5, 1999)

1.08.060 Citation and complaint.
    A. The citation and complaint issued for civil infractions should be in a form as approved by the City Attorney and should contain:
    1. The name of the City municipal court, the name of the City or City department in whose name the action is brought and the name of the defendant;
    2. A statement or designation of the offense in such manner as can be understood by a person making a reasonable effort to do so and the date, time and place of which the offense is alleged to have occurred;
    3. The signature of the complainant and a statement that the complainant has reasonable grounds to believe that the person cited committed the offense contrary to law.
    B. The citation and complaint shall be signed by the City Recorder, code/law enforcement officer, City Planner or Public Works Director.
    C. Nothing prohibits the municipal court from amending the citation in its discretion, at any time. (Ordinance. 655 § 6, 1999)

1.08.070 Forfeiture amounts.
Civil infractions designated by ordinances of the City are classified and the maximum forfeitures for commission of a civil infraction are as follows:
    A. Class A infraction, one thousand dollars ($1000.00);
    B. Class B infraction, five hundred dollars ($500.00);
    C. Class C infraction, two hundred fifty dollars ($250.00);
    D. Class D infraction, one hundred dollars ($100.00). (Ordinance. 655 § 7, 1999)

1.08.080 Response by defendant.
    A. When a defendant is served with a civil infraction citation the defendant shall either appear in court at the time indicated in the summons or, prior to such time, deliver to the court the summons, together with a check or money order in the amount of the forfeiture set forth in the summons, and enclose therewith:
    1. A request for hearing;
    2. A statement of matters in explanation or mitigation of the events resulting in the charge of a violation; or
    3. The executed appearance, waiver of hearing, and admission appearing on the summons. A statement in explanation or mitigation may also be enclosed with the admission of a civil infraction.
    B. In any case in which the defendant personally appears in court at the time indicated in the summons, if the defendant desires to admit the civil infraction and the judge desires to accept the plea, the judge shall hear any statement in explanation or mitigation that the defendant desires to make.
    C. If the defendant has submitted to the court any written statement in explanation or mitigation, the statement constitutes a waiver of hearing and consent to judgment . The court may declare a forfeiture on the basis of the statement and any testimony or written statement of an authorized City enforcement officer or any other person which may be presented to the court. (Ordinance. 655 § 8, 1999)

1.08.090 Discretionary powers of court.
The court, on its own motion, may direct that a hearing be held for any civil infraction and may enter the appropriate judgment, declare a forfeiture, and remit to the defendant any amount by which the forfeiture assessed is less than the amount posted by the defendant pursuant to Section 1.08.080 of this chapter. (Ordinance. 655 § 9, 1999)

1.08.100 Hearings.
    A. Hearing Notice. If the defendant requests a hearing under Section 1.08.080 of this chapter, or the court directs that a hearing be held, the court shall fix a date and time for the hearing and, unless notice is waived, shall, at least five days in advance of the hearing, mail to the defendant a notice of the date and time so fixed.
    B. Requirements and Procedures.
    1. Trial of a civil infraction shall be by the court without a jury.
    2. Trial of a civil infraction shall not commence until the expiration of not less than seven days from the date of the citation or the infraction unless the defendant waives the seven-day period.
    3. The City shall have the burden of proving the alleged civil infraction by a preponderance of the evidence.
    4. The pretrial discovery rules of ORS Chapter 135 shall apply to civil infractions prescribed pursuant to this chapter.
    5. The defendant may not be required to be a witness at a hearing of any infraction pursuant to this chapter.
    6. Proof of a culpable mental state is not an element of a civil infraction. (Ordinance. 655 § 10, 1999)

1.08.110 City Attorney involvement.
    A. The City Attorney shall have the authority to prosecute any violation of a City ordinance denominated as a civil infraction.
    B. At any hearing involving a City infraction, the City Attorney may aid in preparing evidence and obtaining witnesses but shall not appear unless counsel for the defendant appears. (Ordinance. 655 § 11, 1999)

1.08.120 Exclusive procedure for imposing forfeiture.
The procedure prescribed by this chapter shall be the exclusive procedure for imposing forfeiture; however, this chapter shall not prohibit any other alternative remedies set forth in this code or the laws of the State, including but not limited to the abatement of nuisances. (Ord. 655 § 12, 1999)

1.08.130 Additional remedies.
In addition to any other remedy provided in this chapter, the City Recorder may deny or revoke any City license or permit held or applied for by a person owing a forfeiture to the City assessed pursuant to this chapter. (Ord. 655 § 13, 1999)

1.08.140 Delinquent forfeitures - Lien.
In any case where a forfeiture assessed by the court is not paid, or where there is a default judgment, the City Recorder shall enter into the lien docket of the City and may enter it into the lien docket of Lincoln County, Oregon, the amount of the forfeiture against any real or personal property of the defendant within the City, and the forfeiture, after being filed as a lien, shall be collected in the same manner as other liens owing to the City or in any other manner allowed by law for the collection of a debt. (Ord. 655 § 14, 1999)

1.08.150 Continuing violations.
When a civil infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day that the civil infraction continues, and a separate citation may be issued for each such civil infraction. (Ord. 655 § 15, 1999)

1.08.160 Escalating Fine for Chronic Infractions.
When a civil infraction is deemed to be chronic (occurring more than once in a ninety (90) day period or other reasonable timeframe as determined by the Council), the fine shall be doubled for each recurring violation. Mitigation of the infraction may not necessarily result in a reduction of fines. (Ord. 686 § 1, 2002)

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Sections:
1.16.010 Purpose
1.16.020 Definitions
1.16.030 Claim for Compensation for Claims regarding Land Use Regulations Adopted after January 1, 2007
1.16.040 Reviews and Recommendation
1.16.050 Council Review and Decision
1.16.060 Burden of Proof and Record
1.16.070 Effect of Waiver
1.16.080 Procedural Error
1.16.090 Recordation of Waiver
1.16.100 Reconsideration of Waiver
1.16.110 Appeals
1.16.120 Ex Parte Contacts, Conflict of Interest and Bias
1.16.130 Availability of Funds to Pay Demands
1.16.140 Applicable State Law

1.16.010 Purpose.
The purpose of this section is to adopt a procedure for filing, receiving, and evaluating claims that are provided for under Ballot Measure 49.

1.16.020 Definitions.
For purposes of this Section, the following definitions shall apply:
    "Appraisal" means a written statement prepared by a person certified under ORS Chapter 674 or a person registered under ORD Chapter 308.
    "City Manager" means the Chief Administrative Officer of the City of Waldport , or his or her designee.
    "City Recorder" means the City Recorder of the City of Waldport or his or her designee.
    "Claim" means a written demand for compensation filed under Sections 12 to 14 of Measure 49 and ORS 197.25, as in effect on and after the effective date of Measure 49.
    "Claimant" means the person who has filed a claim. The claimant must be a current owner of the property that is the subject of the claim.
    "Council" means the Waldport City Council.
    "Fair Market Value" as defined in Section 21(b) of Measure 49 "the amount of money, in cash, that the property would bring if the property was offered for sale by a person who desires to sell the property but is not obligated to sell the property, and if the property was bought by a person who was willing to buy the property but not obligated to buy the property. The fair market value is the actual value of the property, with all of the property’s adaptations to general and special purposes. The fair market value of property does not include any prospective value, speculative value or possible value based upon future expenditures and improvements.
    "Interest" means the average interest rate for a one-year United States Government Treasury Bill on December 31 of each year of the period between the date the land use regulation was enacted and the date the claim was filed, compounded annually on January 1 of each year of the period.
    "Land Use Regulation" means a provision of a city comprehensive plan, or zoning and land use code that restricts the residential use of private real property.
    "Measure 49" means the measure enacted by the voters on November 6, 2007, which amended Oregon Revised Statutes Chapter 197.
    "Person" This term includes a public or private entity.
    "Property" means the private real property described in a claim and contiguous private real property that is owned by the same owner, whether or not the contiguous property is described in another claim, and that is not property owned by the Federal government, an Indian tribe or a public body, as defined in ORS 192.410.
    "Reduction in Fair Market Value" means the difference, if any, in the fair market value of the property from the date that is one year before the enactment of the land use regulation to the date that is one year after the enactment, plus interest.
    "Urban Growth Boundary" has the meaning given that term in ORS 195.060.
    "Waive or Waiver" means an action or decision authorizing the claimant to use the property without application of the land use regulation(s) to the extent necessary to offset the reduction in fair market value of the property.

1.16.030 Claim For Compensation for Claims regarding Land Use Regulations adopted after January 1, 2007.
    A. Filing. All claims shall be filed with the City Recorder in person or by U.S. mail. The filing date is the date the claim is received by the City.
    B. Submittal requirements.
    1. Claimant shall file a complete Measure 49 claim form provided by the City Recorder including:
    a. The name and address of each owner and the date when the property was acquired;
    b. The address, if any, and the assessor’s map and tax lot number of the property that is the subject of the claim;
    c. A statement of the person’s desired use of the property for residential use;
    d. A specific reference to each land use regulation enacted after January 1, 2007 that is alleged to restrict the person’s desired use of the property and when the land use regulations were enacted;
    e. The amount of reduction in fair market value alleged for each regulation at issue plus interest;
    f. Whether a previous permit was issued for development of the property including a description of the use and the case file number;
    g. Whether a claim was filed for the subject property with the State or any other government;
    h. Any other information reasonably related to the review and processing of the claim as required by the City or as provided on the Measure 49 claim form; and
    i. All information required to be submitted by Ballot Measure 49 and subsequent amendments to Measure 49.
    2. Claimant shall also provide:
    a. Evidence of the acquisition date of the claimant, including the instrument conveying the property to the claimant and a report from a title company identifying the person in which title is vested and the claimant’s acquisition date and describing exceptions and encumbrances to title that are of record;
    b. The written consent of all of the owners if there is more than one owner.
    c. An appraisal showing the fair market value of the property one year before the enactment of each land use regulation and the fair market value of the property one year after the enactment. The actual and reasonable cost of preparing the claim, including the cost of the appraisal, not to exceed $5,000, may be added to the calculation of the reduction in fair market value under this subsection. The appraisal must: 1) be prepared by a person certified under ORS Chapter 674 or a person registered under ORS Chapter 308; 2) comply with the Uniform Standards of Professional Appraisal Practice, as authorized by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and 3) expressly determine the highest and best use of the property at the time the land use regulation was enacted; and
    d. The applicable claim(s) review fee which shall be established by the Waldport City Council.
    3. Only one claim for each property may be filed for each land use regulation.
    C. Claim review process. The City shall:
    1. Deny a claim if:
    a. It is not filed within five (5) years from the date the land use regulation was enacted;
    b. An application for a comprehensive plan or zoning amendment is approved for the subject property; or
    c. The highest and best use of the property was not residential at the time the land use regulation was enacted.
    2. Determine whether a claim is complete within sixty (60) days after receiving the claim;
    3. Notify the claimant of any missing information within sixty (60) days after receiving the claim;
    4. After providing notice of the missing information, deem the application complete if:
    a. The claimant provides the missing information and the required fee; or
    b. The claimant provides a written statement that some or all of the missing information will not be provided and the required fee.
    5. Deem the application complete when filed if the city fails to notify the claimant of missing information within sixty (60) days after receiving the claim;
    6. Deem the application withdrawn if the claimant fails to provide the missing information or fee or a written statement that some or all of the missing information will not be provided within the time specified in the notice of missing information; and
    7. Issue a final determination on a claim within 180 days from the date the claim is deemed complete.

1.16.040 Reviews and Recommendation
    A. Claims review process. Upon receipt of filing, the City shall follow the claims review process under Section 1.60.030.
    B. Review the criteria. The City Manager shall determine whether to recommend approval or denial of the claim based on a demonstration by the owner that:
    1. A City enacted land use regulation enacted after January 1, 2007 and after the property was acquired restricts the person’s desired residential use of the property;
    2. The land use regulation has the effect of reducing the fair market value of the property;
    3. The highest and best use of the property at the time the property was acquired is the person’s desired use of the property;
    4. The land use regulation is not an exempt land use regulation under the terms of Measure 49;
    5. The time limitations for filing a claim; as specified in Measure 49, have not been exceeded; and
    6. All other requirements of law have been met.
    C. Acquisition date. The date the property was acquired is:
    1. The date the claimant became the owner of the property as shown in the deed records of the county in which the property is located;
    2. If there is more than one claimant for the same property under the same claim and the claimants have different acquisition dates, the acquisition date is the earliest of those dates.
    3. If the claimant is the surviving spouse of a person who was an owner of the property in fee title, the claimant’s acquisition date is the date the claimant was married to the deceased spouse or the date the spouse acquired the property, whichever is later. A claimant or a surviving spouse may disclaim relief by using the procedure provided in ORS 105.623 to 105.649; and
    4. If a claimant conveyed the property to another person and reacquired the property, whether by foreclosure or otherwise, the claimant’s acquisition date is the date the claimant reacquired ownership of the property.
    5. A default judgment entered after December 2, 2004 does not alter a claimant’s acquisition date unless the claimant’s acquisition date is after December 2, 2004.
    D. Notice of public hearing and opportunity to comment on claim. A notice of public hearing and an opportunity to submit written comments on the claim shall be sent to:
    1. All property owners of record with one hundred (100) feet of the subject property;
    2. The Department of Land Conservation and Development
    3. The Board of County Commissioners
The notice shall contain:
    1. The address, if any, and the assessor’s map and tax lot number of the property that is the subject of the claim;
    2. A statement of Claimant’s desired use of the property for residential use;
    3. The number of dwellings, lots or parcels sought by the Claimant as well as the specific regulations alleged to restrict the use of the property;
    4. A statement that the Claim and any information submitted by the Claimant is available at the City for inspection or copying at cost and the phone number of the City Recorder;
    5. A statement that all persons may submit written comments at or prior to the close of the final public hearing on the claim;
    6. A statement that judicial review of the final determination on the claim is limited to the written evidence and arguments submitted to the City;
    7. A statement that prior to the close of the testimony, the claimant may request an additional seven (7) days to respond to new evidence or to submit written evidence and arguments in response to testimony or submittals;
    8. A statement that judicial review is available only for issues that are raised with sufficient specificity to afford the public entity an opportunity to respond; and
    9. Any other information as deemed necessary by the City.
    E. If a claim is deemed complete and not rejected, the City Manager shall draft a staff report. The staff report will be available at least seven (7) calendar days prior to the hearing addressing:
    1. Whether the claim filed is complete; and
    2. A recommendation as to whether and how much to pay in compensation, or, in lieu thereof, a recommendation regarding the number of dwellings and lots that may be approved and the land use regulations that should be waived.
The staff report shall consider such factors as: the amount of compensation at issue; the nature of the proposed use or development, if any; and the impact of the proposed use or development.

1.16.050 Council Review and Decision
    A. Claim processing. All claims shall be reviewed by the Council consistent with the claims review provided under the Code Chapter. The Council shall issue a final decision after providing notice and a hearing within 180 days from the date the claim is deemed complete.
    B. Notice and hearing. The decision of the Council shall be made after a public hearing conducted in accordance with such procedures as the Council may adopt. At least thirty (30) days written notice shall be provided and the notice shall include such information as set forth in Section 1.16.040(D). The Council shall consider all comments received by the conclusion of the hearing and such other information in the record as the City deems relevant and material. The claimant may request an additional seven (7) days to respond to new evidence or to submit final arguments. This request must be made before the close of testimony.
    C. Final decision. The Council may reject the claim, pay compensation, issue a waiver or approve any combination of such remedies. The decision shall otherwise be decided based on the review criteria in Section 1.16.040(B). The Council may waive some regulations specified in the claim and deny waiver of others. The Council is not limited to those regulations listed in the claim and may impose any conditions of approval that it deems reasonable and appropriate to protect the public interest. 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 Code Chapter.
    D. Notice of final decision or rejection of claim. The City shall send a copy of the Council’s decision to the claimant. Notice of the Council’s final decision shall also be mailed to any person who submitted written evidence or arguments during the comment period, any person entitled to notice of the hearing, and any person who appeared orally or in writing at the public hearing. The notice shall contain a brief description of the waiver, including a listing of all regulations that the Council has decided to not apply and the specific number of dwellings, lot or parcels authorized by the waiver. The notice shall also state that a claim had been, or may need to be, filed with the State, if the Council thinks that a State regulation is implicated.

1.16.060 Burden of Proof and Record
The claimant shall have the burden of proof on all matters under this Code Chapter. The claimant bears sole responsibility for ensuring that the record before the City contains all information and evidence necessary to support the claim. The claimant shall be precluded from submitting information or raising new issues in any subsequent proceeding unless the claimant demonstrates that the information or issue could not reasonably have been entered into the record or raised before the City.

1.16.070 Effect of Waiver
    A. A decision to waive a land use regulation shall in no way impact any obligation to demonstrate compliance with any regulations not expressly provided for in the decision or to obtain any required approvals to permits.
    B. A use authorized by a waiver has the legal status of a lawful nonconforming use in the same manner as provided under ORS 215.130.

1.16.080 Procedural Error
No procedural defect in processing a claim shall invalidate any proceeding or decision unless the party alleging the error demonstrates prejudice to a substantial right. Inadvertent failure to provide notice or complete notice shall not be grounds for invalidating a decision.

1.16.090 Recordation of Waiver
The City must record a memorandum of the final waiver in the deed records for the County.

1.16.100 Reconsideration of Waiver
The Council may, at its sole discretion, reconsider a decision on a claim if it appears that the decision is inconsistent with a subsequent court ruling, administrative rule or other change in the law relating to Measure 49. The decision to reconsider may be made without notice or hearing; but the decision on reconsideration shall be made only after notice and opportunity to be heard consistent with the requirements for claim and review provided under this Code Chapter have been given. At the conclusion of the process, the Council may affirm, modify, or revoke the earlier decision. If the Council modifies or revokes a decision that resulted in payment of compensation, the Council may institute an action for recovery. If the Council modifies or revokes a decision to modify, remove, or not apply a land use regulation, it shall issue an order setting forth such remedy as it deems appropriate to protect the public interest.

1.16.110 Appeals
    A. A person that is adversely affected by a final determination under this Code Chapter may obtain judicial review of that determination under ORS 34.010 to 43.100. A person is adversely affected if the person is:
    1. an owner of the property that is the subject of the final determination or;
    2. a person who timely submitted written evidence, arguments or comments.
    B. Judicial review of a decision under this Code Chapter is:
    1. limited to evidence in the record at the time of the final determination; and
    2. available only for issues raised with sufficient specificity to afford an opportunity to respond.

1.16.120 Ex Parte Contacts, Conflict of Interest and Bias
    A. The following rules govern any challenges to any member of the City Council’s participation in the review of claims:
    1. Any factual information obtained by a member of the City Council outside the information provided by city staff, or outside of the formal written comments process or hearing will be deemed an ex parte contact. Any member of the City Council that has obtained any material factual information through an ex parte contact must declare the content of that contact, and allow any interested party to rebut the substance of that contact. This rule does not apply to contacts between City staff and any member of the City Council.
    2. Whenever a member of the City Council, or any member of their immediate family or household, has a direct financial interest in the outcome of a particular Claim or lives within the area entitled to notice of the claim, that member of the City Council shall not participate in the deliberation or decision on that application.
    3. All decisions on claims must be fair, impartial and based on the applicable review standards and the evidence in the record. Any member of the City Council who is unable to render a decision on this basis must refrain from participating in the deliberation of decision on that matter.

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

1.16.140 Applicable State Law
For all claims filed with the City of Waldport, the applicable State law is Measure 49 as amended, modified or clarified by subsequent amendments or regulations adopted by the Oregon State Legislature of Oregon State Administrative Agencies. Any claim that has not been processed completely under this Code Chapter shall be subject to any such amendments, modifications, clarifications or other actions taken at the State level and this Code Chapter shall be read in a manner so as to not conflict with such amendments, modifications, clarifications or other actions taken at the State level. This Code Chapter is adopted solely to address claims filed under the authority of those provisions of Measure 49. (Ord. 726, 2009)