Resolution 5823 - Laserfiche WebLink

4. Because I-933's definition of"damaging the use or value"of private property includes no minimum threshold for the reduction of use or value, virtually any limitation on the use of private property creates a cause for a compensation claim for"damages"within the meaning of I-933, regardless of the importance of the public protection achieved by such limitation; 5. The provisions of I-933 are to be"liberally construed" (Section 6) and its exceptions"shall be construed narrowly" (Section (2)(c); 6. The exceptions listed in Section(2)(c) do not list nuisance uses that typically would be precluded from residential neighborhoods, and thus I-933 would authorize claims for payment or waiver for city regulations that prohibit a wide variety of incompatible and detrimental land uses and activities that would negatively impact property values in affected residential neighborhoods; 7. I-933 would deprive local jurisdictions, including the City of Everett, of the ability to adopt and enforce reasonable land use development standards to mitigate traffic impacts, assure appropriate building height and lot coverage standards, provide for the preservation of open spaces and protection of environmentally sensitive areas; and other general development regulations necessary to promote the public health, safety and welfare; 8. The provisions of I-933 could require the City to waive or pay compensation to private property owners who claim that specific land use regulations affect their ability to use or build upon their property as they see fit regardless of nuisance concerns or adverse impacts to neighbors; 9. I-933 erroneously assumes that local jurisdictions have authority to "decide"not to enforce or apply their duly adopted ordinances, regulations and rules, without granting express authority to pay compensation or waive the enforcement or application thereof; 10. I-933 could lead to incompatible growth and development, which could negatively affect the value and use of adjacent properties,thereby reducing the City's tax base and detrimentally affecting the City's ability to provide needed infrastructure,public services and public safety; 11. An analysis by the Association of Washington Cities has estimated that there would be significant administrative costs borne by cities to process claims for damages and significantly greater additional costs to compensate property owners; 12. I-933 could have further negative impact on the financial resources of the City because the term"compensation"as used and defined by the initiative includes attorneys' fees incurred by property owners seeking to benefit from the initiative;