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<br />(a) Construction of multiple-unit housing was not completed within the time <br />specified in the resolution, and no extensions as provided in subsection <br />(5) hereof have been granted, or <br />(b) The applicant has failed to comply with the provisions of ORS 307.600 to <br />307.[691]637, the provisions of this code, any provisions of the standards <br />and guidelines adopted by the city manager, or <br />(c) The applicant has failed to comply with any conditions imposed in the <br />resolution approving the application, or <br />(d) Construction of multiple-unit housing was not completed on or before <br />January 1, 2012, or <br />(e) In the event units within the development are sold individually, a unit owner <br />fails to comply with applicable requirements described in paragraphs (b) or <br />(c) of this section, the city manager shall notify the council and the owner <br />of the property, at the owner's last known address, and to any known <br />lender, mailed to the lender’s last-known address of the manager's <br />intention to recommend to the council that the exemption be terminated. <br />The notice shall clearly state the reasons for the proposed termination, <br />and shall require the owner to appear before the council, at a time <br />specified in the notice, which shall not be less than 20 days from the date <br />the notice was mailed, to show cause, if any exists, why the exemption <br />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 and shall allow the <br />lender a period of not less than 30 days, beginning with the date that the notice <br />of failure to appear and show cause is mailed to the lender, to cure any <br />noncompliance or to provide adequate assurance that the noncompliance will be <br />remedied. <br />(3) <br /> If the owner fails to appear before the council at the time specified in the notice, or <br />if the owner appears and fails to show cause why the exemption should not be <br />terminated, and a lender fails to cure or give adequate assurance that any <br />noncompliance will be cured, the council shall adopt a resolution terminating the <br />exemption, which shall contain its findings in support thereof. Copies of the <br />resolution shall be filed with the county assessor and mailed to the property <br />owner, at the owner's last address, and to any lender at the lender’s last-known <br />address, within 10 days from the date adopted. If a determination is made that <br />the exemption should continue as previously granted, the council shall enter <br />written findings of record in support of the continued exemption and forward a <br />copy thereof to the property owner and to any lender within 10 days from the <br />date of the hearing. <br />(4) <br /> All reviews of council action in denying, approving, or terminating an application <br />shall be governed by the procedures set forth in ORS 34.010 to 34.100, and <br />correction of assessments and tax rolls and the evaluation of the property shall <br />be in conformity with subsection (2) of ORS 307.680. The council's action on an <br />exemption shall not be a land use decision for purposes of administrative review. <br />(5) <br /> If construction, addition, or conversion of multiple-unit housing is not completed by <br />January 1, 2012, upon receipt of a request from the property owner, the council <br />may, by resolution, extend the deadline for completion of construction of <br /> <br /> <br />