4.04.060 Appraisal of property being considered for acquisition by city.

(A) City's Right to Conduct Appraisal/Timing for Appraisal. After the city has identified a municipal project for which the acquisition of privately owned land may be necessary, the city shall conduct an appraisal of any property which is being considered for this purpose. The appraisal must be conducted before negotiations between the city and the owner regarding the purchase of the property are begun. The city may waive its right to appraise property which has an extremely low fair market value and will be acquired from the owner by sale or donation, or as otherwise permitted by law.

(B) Notice to Property Owner of Decision to Appraise. The city shall provide the owner with written notice of its decision to appraise the property as soon as possible after the decision is made. At a minimum, the notice shall state:

(1) A specific geographic area is being considered by the city for a particular municipal project;

(2) The owner's property is located within that area;

(3) The owner's property, which shall be generally described may be acquired by the city for use in connection with the municipal project.

The city shall give reasonable advance notice of the date and time of the appraisal in writing. In the absence of unusual circumstances, notice given to the owner at least ten business days before the inspection shall be considered reasonable advance notice.

(C) City's Provision of Written Explanation of Its Land Acquisition Procedures and Property Owner's Principal Rights at Tune of Notice of Decision to Appraise the Property. At the time of notifying the owner of the decision to appraise the property, the city shall provide the property owner with a written explanation in nontechnical, understandable terms of its land acquisition procedures, and the principal rights and options available to the owner. This notice shall include at a minimum:

(1) A description of the basic purpose of the city's land acquisition procedures and a reference to the availability of the city's policy regarding relocation benefits for which an owner or lawful occupant may be eligible;

(2) A statement that the owner or his representative designated in writing shall be given an opportunity be present and to accompany the appraiser during the appraisal;

(3) A statement that if the city decides to acquire the property, it shall notify the owner in writing as soon as possible after the decision is made. The city shall then give the owner a written offer to pay a fair and reasonable compensation ("just compensation") for the property. If the owner is not satisfied with the city's offer, he or she shall be given a reasonable opportunity to present relevant material to the city for consideration in determining the amount to be paid to the owner for the property;

(4) A statement that the city will make reasonable efforts to reach agreement with the owner regarding the compensation to be paid for the property through negotiations., If an agreement cannot be reached, the city may either file an eminent domain action in court to acquire the property, or may abandon its decision to acquire the property. If an eminent domain action is filed, the owner shall have the right to contest the city's acquisition of the property in court;

(5) A statement to the owner that if the city's acquisition of any part of the property would leave the owner with an uneconomic remnant of land as defined by Section 4.04.140 and state law, the city will offer to acquire the uneconomic remnant, if the owner so desires;

(6) A statement that construction or development of the municipal project on the property shall be scheduled so that no person lawfully occupying the property shall be required to move his or her home, business, or farm operation without at least ninety days advance written notice from the city of the date on which the move is required;

(7) A statement that if arrangements are made to rent the property to the owner or a tenant after the city has acquired the property for a short term or for a period subject to termination by the city on short notice, the rent will not exceed the lesser of the fair rental value of the property to the short-term occupant or the pro rata portion of the fair rental value for a typical rental period. If the owner or a tenant is the lawful occupant of a dwelling on the property, the rental for the dwelling shall be within his or her financial means;

(8) A statement that the city will comply with applicable legal requirements regarding relocation assistance and that additional information on relocation assistance shall be available at the city offices;

(9) If the owner is also the owner of a business conducted on the property or the remainder of the property, a statement that the owner may have a right to compensation for loss of goodwill if the city acquires the property. A copy of the pertinent provisions of the state Eminent Domain Law (Code of Civil Procedure Sections 1230.010 et seq.) shall be enclosed with the notice;

(10) The name, title, and phone number of a contact person at the city to whom the owner may address questions;

(11) Any other information required by state or federal law.

(D) Property Owner's Consent to City's Entry on Property for Appraisal/Indemnity Agreement. The city shall attempt to obtain written consent from the property owner to enter the property to conduct the appraisal, and shall indemnify, hold harmless, and defend the property owner from and against any damage or injury to persons or property, including death, arising out of or resulting from, and to the extent caused by, the sole negligence or wilful misconduct of the city and/or its agents in the performance of the appraisal and related activities on the property.

(E) Manner of Conducting Appraisal. The city shall make reasonable efforts to conduct the appraisal in a manner which avoids or minimizes any interference with the use of the property by the owner or other persons who have a lawful interest in the property, or any damage to the property.