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approval of an application, and the council shall grant the exemption upon determining satisfactory <br />compliance with or mitigation of the following criteria: <br />(a) If unoccupied, the property: <br />1. Is offered for rental solely as a residence for low income <br />persons; or <br />2. Is held for the purpose of developing low income rental <br />housing; <br />(b) If occupied, the property, or portion thereof subject to the property tax <br />exemption, is occupied solely as a residence for low-income persons; <br />(3) As an alternative to an application considered under subsection (2) of this <br />section, the city manager shall recommend approval of an application, and the council shall grant the <br />exemption upon determining the applicant meets the criteria set forth in subsections (2)(e), (f), (g), <br />(h) and (i) of this section and all the following criteria: <br />(a) If unoccupied, the property is offered for rental solely as a residence <br />for low-income persons, or is held for the purpose of developing low income rental <br />housing; <br />(b) If occupied, the property, or portion thereof subject to the property tax <br />exemption, is occupied solely as a residence for low-income persons; <br />(c) The applicant's application was filed prior to January 1, 2010; <br /> <br />Section 3. <br /> Section 2.940 of the Eugene Code, 1971, is amended to provide: <br />2.940 Low-Income Rental Housing Property Tax Exemption - Termination. <br />(1) If after a resolution approving an application for exemption hereunder has been <br />filed with the county assessor the city manager finds that: <br /> (a) Construction or development of the exempt property differs from the <br />construction or development described in the application for exemption, or was not <br />completed or on or before January 1, 2010, and no extensions or exceptions as <br />provided in subsection (4) hereof have been granted; or, <br />(b) The applicant has failed to comply with the provisions of ORS 307.515 <br />to 307.523, the provisions of this code, or any provisions of the standards and <br />guidelines adopted by council resolution; or, <br />(c) The applicant has failed to comply with any conditions imposed in the <br />resolution approving the application, <br />the city manager shall recommend to the council, and notify the owner of the property, at the owner's <br />last known address, and every known lender, at the last known address of each such lender, of the <br />manager's recommendation that the exemption be terminated. The notice shall clearly state the <br />reasons for the proposed termination, and shall require the owner to appear before the council, at a <br />time specified in the notice, which shall be 20 days or more from the date the notice was mailed, to <br />show cause, if any exists, why the exemption should not be terminated. <br />(2) If the owner fails to appear before the council at the time specified in the <br />notice, or if the owner appears and fails to show cause why the exemption should not be terminated, <br />the city manager shall notify every known lender and shall allow each such lender not less than 30 <br /> <br />Ordinance - 2 <br /> <br /> <br />