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Ordinance No. 19469
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Ordinance No. 19469
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Last modified
6/10/2010 3:44:58 PM
Creation date
2/24/2009 12:50:42 PM
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Council Ordinances
CMO_Document_Number
19469
Document_Title
Concerning condominium conversion; amending 2.1060, 2.1062, 2.1064, 2.1066, 2.1070, 2.1074, 2.1076, 2.1078, 2.1080, 2.1082, 2.1084 & 2.1990 of the Eugene Code, 1971; and repealing Sections 2.1068 and 2.1072 of that Code.
Adopted_Date
4/27/1987
Approved Date
4/27/1987
CMO_Effective_Date
5/28/1987
Signer
Brian B. Obie
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shall update the engineer's certificate required under section 2.1070~b} of <br />this cade every three ~3} years until control of the condominium is transfer- <br />red from a developer to an association of unit owners. Such update shall <br />include mere current informatian on repair or replacement costs and any new <br />or supplementary informatian on the condition and expected useful life of the <br />common elements . <br />~6} Revocation of conversion ermit, a permit may be revoked <br />after notice and a contested case hearing before a hearings officer upon a <br />written finding of fact that the developer has: <br />~a} Failed to comply with the terms of a cease and desist <br />order; <br />fib} Been convicted in any court subsequent to the filing of <br />the permit application for a crime involving fraud, deception, <br />false pretenses, misrepresentation, false advertising, or <br />dishonest dealing ~n real estate transactions; <br />~c} Disposed of, concealed, or diverted any funds or assets <br />of any person sa as to defeat the rights of unit purchasers; <br />~d} Intentionally or'repeatedly failed to perform any stipu- <br />lat~an or agreement made with the city as an inducement to grant <br />or reinstate any permit; <br />fie} Made intentional misrepresentations or concealed material <br />facts in an application for a permit; or, <br />,~f} Intentionally ar repeatedly violated any provision of <br />sections 2.1060 to 2.1084 of this cade. <br />Findings of fact shall be accompanied by a concise and explicit statement of <br />the underlying facts supporting the findings. A determination of a hearings <br />officer on a revocation of a permit shall be final. <br />2.1076 Condominium Conversion - Dis ute Resolution; Tenant Eli ibilit <br />far Benefits. <br />~1} Eli ibilit of tenant ass ecial cote or tenant. In the event <br />of controversy over whether a tenant is elderly, disabled, or low income and <br />qual~f~es as a special category tenant, the city manager shall make a deter- <br />mination, which shall be final and non-appealable to a hearings officer. The <br />developer and tenant shall have notice of such requests for determination <br />and opportunity to submit written arguments, comments and affidavits prior <br />to the determination of eligibility by the city manager. <br />~2} Status of alternative rental unit as com arable. In the <br />event of a disagreement between the tenant and the developer as to whether <br />an offered alternative dwelling unit is comparable or is an outstanding offer <br />to another special category tenant, such dispute shall initially be mediated <br />by the housing counselor. The tenant or developer may seek a review of the <br />decision of the housing counselor by requesting a hearing with the city. <br />Such hearing shall be requested on an application farm to be supplied by the <br />city, the contents of which may be governed by administrative rules issued <br />hereunder. The hearing shall be before the hearings officer and shall be <br />conducted within 1o days from the request for a hearing. The determination <br />of the hearings officer shall be final. <br />2.1018 Condominium Conversion - Enforcement. <br />~1} Cease and desist orders. If the city determines that a person <br />Ordinance - 12 <br />
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