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Ordinance No. 19965
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Ordinance No. 19965
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Last modified
6/10/2010 3:48:03 PM
Creation date
10/29/2008 12:24:50 PM
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Council Ordinances
CMO_Document_Number
19965
Document_Title
Ordinance establishing a downtown services district occupancy fee; adding sections 3.650, 3.655, 3.660, 3.665, 3.670, 3.675, and 3.680 to the Eugene Code, 1971; and providing an effective date.
Adopted_Date
5/18/1994
Approved Date
5/18/1994
CMO_Effective_Date
7/1/1994
Signer
Ruth F. Bascom
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3.675 Downtown Services District Occupancy Fee -Extension of Time. .Prior <br />to the delinquency of a fee due under section 3.650, the city manager or <br />designee may, for good cause, extend the time for filing an occupancy fee return and making <br />payment of the fee due thereunder, for a specific period of time not to exceed 30 days. A <br />person to whom such an extension is granted shall pay interest at the rate. ~of one and one- <br />half percent per month on the amount of fee due, without proration for a fraction of a <br />month. If the report is not filed, or the fee and interest due is not paid by the end of the <br />extended time, the interest shall become a part of the fee for computation of any penalty <br />under section 3.665. <br />3.680 Downtown Services District Occupancy Fee -Exemptions. <br />(1) No occupancy fee shall be imposed or levied where a certificate of <br />exemption has been issued pursuant to subsection (2) of this section. The following qualify <br />for a certificate of exemption: <br />(a) Publicly owned property occupied by any public agency; or <br />(b) -That portion of property occupied by an organization exempt <br />from the payment of taxes pursuant to 26 USC 501(c)(3); or <br />(c) That portion of property occupied for residential purposes; or <br />(d) The basement portion of property not otherwise exempt <br />hereunder. For purposes of this subsection, "basement" means that portion <br />of a building that is both below ground level and below the main entryway to <br />the building, <br />(2) In order to qualify for an exemption under subsection (1} of this section, <br />the owner of the property for which the exemption is sought shall file with the city manager <br />or designee a statement listing the property, or portion thereof, claimed to be exempt, and <br />the basis for the exemption. Upon finding that the property qualifies for the exemption, the <br />city manager or designee shall issue a certificate of exemption from the occupancy fee for <br />that portion of the property that qualifies for the exemption. <br />(3) During the period of exemption, the owner of any property for which <br />a certificate of exemption is issued shall notify the city manager or designee of any change <br />in ownership, occupancy, or use of the premises within 30 days of the date of such change. <br />If the change results in the property no longer being qualified for exemption, within ten days <br />from the date notice is provided to the city, the owner or person responsible for payment <br />must file an occupancy fee report form, and pay the occupancy fee due from the date of the <br />change to the end of that quarter. <br />(4) In addition to any penalties or interest imposed pursuant to section <br />3.665, an administrative civil penalty may be imposed pursuant to section 2.018 of this code <br />for failure of an owner to comply with the provisions of subsection (3) of this section. <br />(5) A decision of the city manager or designee denying a request for <br />exemption maybe appealed to a hearings official pursuant to the provisions of section 2.021 <br />of this code. The appeal must be filed within ten days from the date of the decision and <br />must be accompanied by any required appeal fee. <br />(6) Publicly owned property occupied by a commercial tenant shall not be <br />Ordinance - 5 <br />
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