A group of real estate agents and vacation rental dwelling (VRD) owners have struck out again in trying to get their VRD rule changes to a vote of the people of Lincoln City. And like the first batch of petitions, City Recorder Cathy Steere, with consultation with City Attorney Richard Appicello, have found them legally flawed and thereby rejected for the ballot.
The petitions, in part or in whole, constitute sweeping changes in VRD and Bed and Breakfast regulations, city land use zoning, the city charter, state law and the state constitution, according to Steere. They also violate state law in that citizen petitions must address only one issue at a time. They cannot, by law, be too sweeping. In part or in whole, the petitions demand that previous land use decisions and the application of city ordinances be negated, changing decisions of previous city council and the enforcement of “then legal” regulations. Literally, changing history. Such a move is unconstitutional, according the Steere’s rejection notice to the group.
Steere informed the group that they can file an appeal in Circuit Court if they disagree with her findings.