Attachment 5 <br />i <br />1 <br />ng <br />decision or limited land use decision was mailed as shown on the govern <br />.2 <br />body's records."' However, after the NITA was filed, the city discovered that <br />3 <br />it had failed to mail notice of the decision to all persons who participated orally <br />4 <br />or in writing during the proceedings before the city, and on February 4, 2014, <br />5 <br />after the 21-day deadline for-intervention had expired, the city subsequently <br />6 <br />provided a second mailed notice of the decision to the remaining persons <br />.7 <br />entitled to notice, of the decision. The city then presumably provided an <br />8 <br />updated list of "[a]ny * * * person to whom written notice of the land use <br />9 <br />decision or limited land use decision was mailed as shown on the governing <br />10 <br />body's records" to Neighbors. Thereafter, on February 20, 2014, Neighbors <br />11 <br />provided a certificate of service to LUBA certifying that Neighbors served a <br />'12 <br />copy of their NITA on additional persons whom the city identified as being <br />13 <br />mailed written notice of the decision on February 4, 2014, and who were thus <br />.14 <br />entitled to be served with a copy of the NITA under OAR 661-010-0015(2) and <br />o <br />15 <br />(3)(f)(D). One of those additional persons was Trautman. On March 11, 2014, <br />16 <br />68 days after the notice of intent to appeal was filed, and 20 days after being <br />17 <br />served with a copy of the NITA, Trautman moved to intervene on the side of <br />18 <br />Neighbors in the.appeal. <br />19 <br />Trautman's late filing of his motion to intervene undoubtedly occurred <br />20 <br />because the city failed to initially mail notice of the decision to all persons who <br />1 ORS 197.830(9) requires the petitioner to serve copies of the NITA on the <br />"the applicant of record, if any, in the * * * proceeding." The requirement to <br />serve copies of the NITA on "[a]ny * * * person to whom. written notice of the <br />land use decision or limited land use decision was mailed as shown on the <br />governing body's records" is entirely a requirement of LUBA's . rules of <br />procedure and has no counterpart in the statutes governing LUBA's review <br />procedures. <br />Page 4 <br />PC Agenda - Page 110 <br />594 <br />