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Ordinance No. 20556
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2015 No. 20548 -20559
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Ordinance No. 20556
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Last modified
7/20/2015 4:58:45 PM
Creation date
7/20/2015 4:58:43 PM
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Council Ordinances
CMO_Document_Number
20556
Document_Title
AN ORDINANCE CONCERNING MULTIPLE-UNIT PROPERTY TAX EXEMPTIONS AND SYSTEMS DEVELOPENT CHARGES; AMENDING SECTIONS 2.945, AND 2.947 OF THE EUGENE CODE, 1971; AND ADDING SECTIONS 2.946 AND 7.731 TO THAT CODE.
Adopted_Date
7/13/2015
Approved Date
7/20/2015
CMO_Effective_Date
7/20/2015
Signer
Piercy
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of this codeor administrative rules adopted thereunder, or <br />(c)The applicant, developer or other owner of the projecthas failed to <br />comply with any conditions imposed in the resolutionapproving the <br />application and the city manager has not determined in writing that <br />project design deviations provide the same or greater degree of <br />adherence to the design principles that council approved for the project, <br />or <br />(d)Construction of multiple-unit housing was not completed on or before <br />January 1, 2022,or <br />(e)In the event units within the development are sold individually, a unit <br />owner fails to comply with applicable requirements described in <br />paragraphs (b) or (c) of this section, <br />the city manager shall notify the council; the owner of the property, at the <br />owner's last known address;and any known lender, atthe lender’s last known <br />address,of the manager's intention to recommend to the council that the <br />exemption be terminated. The notice shall clearly state the reasons for the <br />proposed termination, and shall require the owner to appear before the <br />council, at a time specified in the notice, which shall not be less than 20 days <br />from the date the notice was mailed, to show cause, if any exists, why the <br />exemption should not be terminated. <br />(2) <br />If the owner fails to appear and show cause why the exemption should not be <br />terminated, the city shall further notify every known lender of the owner’s <br />failure to appear and shall allow the lender a period of not less than 30 days, <br />beginning with the date that the notice of failure to appear and show cause is <br />mailed to the lender, to cure any noncompliance or to provide adequate <br />assurance that the noncompliance will be remedied. <br />(3) <br />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 <br />should not be terminated, and a lender fails to cure or give adequate <br />assurance that any noncompliance will be cured, the councilshall adopt a <br />resolution terminating the exemption, which shall contain its findings in support <br />thereof. Copies of the resolution shall be filed with the county assessor and <br />mailed to the property owner, at the owner's last knownaddress, and to any <br />lender at the lender’s last-known address, within 10 days from the date <br />adopted. If a determination is made that the exemption should continue as <br />previously granted, the council shall enter written findings of record in support <br />of the continued exemption and forward a copy thereof to the property owner <br />and to any lender within 10 days from the date of the hearing. <br />(4) <br />All reviews of council action in denying, approving, or terminating an <br />application shall be governed by the procedures set forth in ORS 34.010 to <br />34.100, and correction of assessments and tax rolls and the evaluation of the <br />property shall be in conformity with ORS 307.687. The council's action on an <br />exemption shall not be a land use decision for purposes of administrative <br />review. <br />(5) <br />If construction, addition, or conversion of multiple-unit housing is not <br />completed by January 1, 2022, upon receipt of a request from the property <br />owner, the council may, by resolution, extend the deadline for completion of <br />construction of multiple-unit housing for a period not to exceed 12 consecutive <br />months, if it finds the failure to complete construction by the time specified in <br />the resolution was due to circumstances beyond the control of the owner, and <br />Ordinance -Page 8of 11 <br /> <br />
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