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~a} Construction of multiple-unit rental housing was not completed <br />on or before July 1,1998, and no extensions as provided in subsection ~4} <br />hereof have been granted, or <br />fib} The applicant has failed to comply with the provisions of SRS <br />307.600 to 301.690, the provisions of this code, any provisions of the <br />standards and guidelines adopted by the city manager, or <br />~c} The applicant has failed to comply with any conditions imposed <br />in the resolution approving the application, <br />the city manager shall notify the council and the owner of the property, at the owner's last <br />known address, of the manager's intention to recommend to the council thatthe exemption <br />be terminated. The notice shall clearly state the reasons for the proposed termination, and <br />shall require the owner to appear before the council, at a time specified in the notice, which <br />shall not be less than ~0 days from the date the notice was mailed, to show cause, if any <br />exists, why the exemptian should not be terminated. <br />~2} Ifthe ownerfails to appear before the council at the time specified in <br />the notice, or ifthe owner appears and fails to show cause why the exemptian should not <br />be terminated, the council shall adopt a resolution terminating the exemption, which shat[ <br />contain its findings in support thereof. Copies of the resolution shall be filed with the <br />county assessor and marled to the property owner, at the owner's last address, within 10 <br />days from the date adopted. if a determination is made that the exemption should continue <br />as previously granted, the council shall enter written findings of record in support of the <br />continued exemption and forward a copy thereof to the property owner within 10 days from <br />the, date of the hearing. <br />~3} All reviews of council action in denying, approving, or terminating an <br />application shall be governed by the procedures set forth in SRS 34.010 to 34.100, and <br />correction of assessments and tax rolls and the evaluation of the property shall be in <br />conformity with subsection ~2} of SRS 307.680. The council's action on an exemption shall <br />not be a land use decision for purposes of administrative review. <br />~4} Upon receipt of a request from the property owner, the council may, <br />by resolution, extend the. deadline far completion of construction of multiple-unit rental <br />housing for a period not to exceed 12 consecutive months, i.e., to July 1,1999, if it finds <br />the failure to complete construction by July 1,1998, was due to circumstances beyond the <br />control of the owner, and that the owner had been and could reasonably be expected to <br />actin good faith and with due diligence. <br />~5} 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 successive years <br />beginning the tax year commencing during the calendar year immediately following the <br />calendar year in which construction is completed, determined by that stage in the <br />construction process when, pursuant to SRS 347.330 the improvement would have gone <br />on the tax rolls in the absence of the exemption, The exemption shall not include the land, <br />nor any improvements located thereon that are not a part of the multiple-unit housing and <br />shall be in addition to any other exemptian provided by law. <br />~6} Any exemption granted by the council shall terminate immediately, <br />Ordinance - 3 <br />