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Item 3: Ordinance of MUPTE
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Item 3: Ordinance of MUPTE
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11/21/2008 10:45:15 AM
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11/24/2008
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exemption should not be terminated, and a lender fails to cure or give <br />adequate assurance that any noncompliance will be cured, the council <br />shall adopt a resolution terminating the exemption, which shall contain <br />its findings in support thereof. Copies of the resolution shall be filed with <br />the county assessor and mailed to the property owner, at the owner's <br />last known address, and to any lender at the lender’s last[-]known <br />address, within 10 days from the date adopted. If a determination is <br />made that the exemption should continue as previously granted, the <br />council shall enter written findings of record in support of the continued <br />exemption and forward a copy thereof to the property owner and to any <br />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 <br />to 34.100, and correction of assessments and tax rolls and the <br />evaluation of the property shall be in conformity with [subsection (2) of] <br />ORS 307.[680]687. The council's action on an exemption shall not be a <br />land use decision for purposes of administrative review. <br />(5) <br /> If construction, addition, or conversion of multiple-unit housing is not <br />completed by January 1, 2012, upon receipt of a request from the <br />property owner, the council may, by resolution, extend the deadline for <br />completion of construction of multiple-unit housing for a period not to <br />exceed 12 consecutive months, if it finds the failure to complete <br />construction by the time specified in the resolution was due to <br />circumstances beyond the control of the owner, and that the owner had <br />been and could reasonably be expected to act in good faith and with due <br />diligence. <br />(6) <br /> In any event, no multiple-unit housing granted an exemption by the <br />council shall be exempt from ad valorem taxation for more than 10 <br />successive years. The first year of exemption shall be the assessment <br />year beginning January 1 immediately following the calendar year in <br />which construction, addition or conversion is completed, determined by <br />that stage in the construction process when, pursuant to ORS 307.330 <br />the improvement would have gone on the tax rolls in the absence of the <br />exemption. The exemption shall not include the land, nor any <br />improvements located thereon that are not a part of the multiple-unit <br />housing but may include parking constructed as part of the multiple-unit <br />housing construction, addition or conversion, and shall be in addition to <br />any other exemption provided by law. However, no property shall be <br />exempt beyond 100 percent of its real market value. <br />(7) <br /> Any exemption granted by the council shall terminate immediately, <br />without right of notice or appeal, in the event the county assessor <br />determines that a change of use to other than residential or housing has <br />occurred for the multiple-use housing, or portion thereof, or if a low <br />income housing assistance contract with an agency or subdivision of this <br />state or the United States is breached or terminated prematurely, or a <br />declaration as defined in ORS 100.005(12) is presented to the county <br />Ordinance - Page 7 of 8 Marked with Post-Work Session Amds. <br /> <br />
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