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(2) 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 lender a period of not <br />Less than 30 days, 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 assurance that the <br />noncompliance Mll be remedied. <br /> (3) 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 />arid a lender fails to cure or give adequate assurance that any noncompliance w~ll be cured, the <br />council shall adopt a resolution terminating the exemption, which shall contain its findings in <br />support thereof. Copies of the resolution shall be filed with the county assessor and mailed to the <br />property owner~ at the owner's last address, and to any lender at the lender's last-known address, <br />witl:fin 10 days from the date adopted. Ifa determination is made that the exemption should continue <br />as previously granted, the council shall enter written findings of record in support of/he continued <br />exemption and forward a copy' thereof to the property owner and to any lender within 10 days from <br />the date of the hearing. <br /> (4) 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 34.100, and correction <br />of assessments and tax rolls and the evaluation of the property shall be in conformity' with subsection <br />(2) of ORS 307.680~ The council's action on an exemption shall not be a land use decision for <br />purposes of administrative review. <br /> (5) [f construcfion, addkion, or conversion of multiple-unit housing is not <br />completed by January 1, 2006, upon receipt of a request from the property owner, the council may, <br />by resolution~ extend the deadline for completion of construction of multiple-unit housing for a <br />period not to exceed 12 consecutive months~, if it finds the failure to complete construction by the <br />time specified in the resolution was due to ckcumstances beyond the control of the owner~ and that <br />the owner had been and could reasonably be expected to act in good faith and w4th due diligence. <br /> (6) In an5' event, no multiple-unit housing granted an exemption by the council <br />shall be exempt from ad valorem taxation fbr more than 10 successive years. The first year of <br />exemption shallbe the assessment year beginning January I immediately following the calendar year <br />in which construction, addkion or conversion is completed, determined by that stage in the <br />construction process when, pursuant to ORS 307.330 the improvement would have gone on the tax <br />rolls in the absence of the exernption. The exemption shall not include the land~ nor any <br />improvements located thereon that are not a part of the multiple-unit housing but may include <br />parking constructed as part of the multiple-unit housing construction, addition or conversion, and <br />shall be in addition to any- other exemption provided by law. However, no property shall be exempt <br />beyond 100 percent of its real market value. <br /> (7) Any exemption g~anted by the council shall terminate immediately, withom <br />fight of notice or appeal, in the event the county assessor determines that a change of use to other <br />than residential or housing has occurred for the multiple-use housing, or portion thereof, or if a low <br />income housing assistance contract wSth an agency or subdivision of this state or the United States <br />is breached or terminated prematurely, or a declaration as defined in ORS 100~005 (12) is presented <br />to the county assessor or tax collector for approval in connection therewith. Termination shall be <br />in accordance with the provisions of ORS 307.675. <br /> <br />Ordinance - 4 <br /> <br /> <br />