Ordinance No. 20192 - Laserfiche WebLink

Home Browse Search

days after the date the notice of the failure to appear and show cause is mailed to cure any noncompliance or to provide assure adequate to the council that all noncompliance shall be remedied. If the owner fails to appear and show cause why the exemption should not be terminated, and the lender fails to cure or give adequate assurance that any noncompliance will be cured, the council shall adopt a resolution terminating the exemption, which shall contain its findings in support thereof. Copies of the resolution shall be filed with the county assessor and mailed to the property owner, at the owner's last address, and to the lender, at the lender's last known address, within 10 days from the date adopted. If a determination is made that the exemption should continue as previously granted, the council shall adopt a motion rejecting the manager's recommendation, and notify the property owner of that action within 10 days from the date of the hearing. (3) All reviews of council action in denying an application or terminating an exemption shall be governed by the procedures set forth in ORS 34.010 to 34.100 and correction of assessments and tax rolls and the evaluation of the property shall be in conformity with subsection (2) of ORS 307.533. The council's action on an exemption shall not be a land use decision for purposes of administrative review. (4) Upon receipt of a request from the property owner, the council may, by resolution, extend the deadline beyond January 1, 2010 for completion of construction of the low- income rental housing for a period not to exceed 12 consecutive months, i.e., January 1, 2011, if it finds the failure to complete construction by January 1, 2010 was due to circumstances beyond the control of the owner, and that the owner had been and could reasonably be expected to act in good faith and with due diligence. If property granted an exemption hereunder is subsequently destroyed by fire or act of God, or is no longer capable of owner-occupancy due to circumstances beyond the control of the owner, the exemption shall cease, but no additional taxes shall be imposed upon the property under ORS 307.531 or 307.533. (5) In no event shall the low-income housing granted an exemption by the council be exempt from ad valorem taxation for more than 20 successive years beginning with the tax year commencing immediately following the calendar year in which the application was approved. The exemption shall apply only to the land and improvements located thereon that are a part of the low- income rental housing unit, or land that is being held for future development of low income rental housing. The exemption shall be in addition to any other exemption provided by law. (6) Any exemption granted by the council shall terminate immediately, without right of notice or appeal, in the event: (a) The exempt property is being held for future development of low income rental housing and it is used for any purpose other than the provision of low income rental housing; or (b) The county assessor determines that a change of use to other than that allowed has occurred for the housing unit, or portion thereof, or a declaration as defined in ORS 100.005 is presented to the county assessor or tax collector for approval under ORS 100.110. Termination shall be in accordance with the provisions of ORS 307.531. Section 4. The City Recorder, at the request of, or with the concurrence of the City Ordinance - 3