HomeMy WebLinkAboutOrdinance No. 19967ORDINANCE NO, 19961
AN ORDINANCE CONCERNING PROPERTY TAX EXEMPTIONS;
AMENDING SECTIONS 2,910, 2,912, 2.91fi, 2.9202.931,
2.939, 2.940, 2.945, AND 2.9410E THE EUGENE CODE, 1911;
AND DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions for "E1 i g i bl a property" and "Low income" set
forth i n Section 2 , 910 of the Eugene Code, 1971, are amended to provide
2.910 Low Income Housin Tax Exem t i on -Definitions, For purposes of
sections 2.912 to 2.922 of th i s code, the following words and phrases
mean :
E1 i i b1 a r0 ert . Property within the 1 imi is of the city of
Eugene which i s : owned or being purchased by an el i g i bl e
cOrporat~ on; actually and exclusively used for the purposes
described i n 2fi U, S. C, 501 ~c} ~3} or ~4} ; and, occupied by 1 aw income
persons. For the purposes of this section property will be deemed
to be occupied by 1 ow income persons i f i t i s made avai 1 abl a and
reserved exclusively for low income persons and has been occupied by
a 1 ow ~ ncome tenant w~ th i n the 1 ast six months . On1 y that portion
of the real property and improvements located thereon that is
occupied by low income persons shall be eligible property.
low income. Income at or below fi0 percent of the area median
income as determined by the State Housing Caunc i 1 based on
information from the United States Department of Housing and Urban
Deve1 opment.
Section 2. Subsection ~ 1 } ~f } and subsection ~4} of Section 2.912 of the
Eugene Code, 1911, are amended to provide:
2.912 Low Income Housin Tax Exem ti on - A l i cati on for Exem ti on,
~ 1 } An eligible corporation seeking tax exemption for e1 i g i bl e
property shall subm~ t an app1 i cati on on a form provided by the city manager and
pay the fee set by the city manager pursuant to section 2.020 of this code, The
application shal 1 cantoi n the fo11 awi ng information:
€ f } A certi f i cat i an of income 1 evel s of 1 ow income occupants
and a decl arati on that the income levels of all occupants of the
property far which the exemption i s being applied, at the time of
the application or within 30 days of the filing of the application
are at or below fi0 percent of the area median income as determined
by the State Housing Council based on information from the United
States Department of Housing and Urban Development;
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~4} An appl i cati an must be f i 1 ed on or before the March 1 of the
assessment year for which the exemption i s applied, except that when the property
designated i n the application i s acquired after March 1 and before July ~ 1, the
cl aim for that year shall be f i 1 ed within 3o days after the date of acquisition.
Section 3 . Section 2.916 of the Eugene Cade, 1911, i s amended to provide :
2.91fi Low Income Housin Pro ert Tax Exem tion - Annual A l ication
Renewal .
~ 1 } Applicants who have recei ved a property tax exemption under
section 2.912 of this code must reapply each year, following the procedures set
forth i n section 2, 912, no 1 ater than March 1 i n order to be qualified for
property tax exemption for the following tax year.
~ 2 } Applicants far property tax exemption under section 2.912 of
this code shall apply for, and may be eligible for property tax exemptions for
tax years beg~nn~ng on or after July 1, 1994, and before July 1, 2004.
Section 4. Subsectian ~2} of Section 2.920 of the Eugene Code, 1911, is
amended to provide :
2.920 low Income Housin Pro ert Tax Exem tion -Assessment Exem tion.
~ 2 } Applications for property. tax exempt i an under section 2.912
shall apply to and may be approved for tax years beginning before July 1, 2004,
Section 5. The definition for "Low-income" set forth in Section 2.937 of
the Eugene Code, 1911 is amended, and a definition for "lender" added in
alphabetical order therein, to provide:
2.931 Low- Income Rental Housin Pro ert Tax Exern ti on -Definitions .
for purposes of sections 2.938 to 2.940, the following words and
phrases mean:
Ci t mans er. The city manager of the city of Eugene, or his or her
designee .
Len,~der.. The provider of a 1 oan secured by the recorded deed of
trust or recorded' mortgage made to finance the purchase, construction or
rehabilitation of a property used for 1 ow income housing under the
criteria listed in section 2,939 of this code.
low-income. Income at or below 60 percent of the area median income
as determined by the State Housing Counci 1 based on information from the
United States Department of Housing and Urban Development. -
Section 6 , Subsectian ~ 3 } of Section 2.939 of the Eugene Code, 1911, i s
amended to provide:
2.939 Low-Income Rental HaUSin Pro ert Tax Exem tion -Review A roval
.4~n,~ a ~ ~.~~~~~~~of Ap p„~ c a~~~~t., ~ a n .
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. ~3} , As an alternative to an application considered under subsection
~ 2 } of th ~ s sect ~ on, the c ~ ty manager shall recommend approval of an application,
and the council shall grant the exemption upon determining the applicant meets
the criteria set forth in subsections ~2}fie}, ~f}, ~g}, ~h} and ~i} of this
section and all the following criteria:
~ a } I f unaccup i ed, the property i s offered for rental sol el y
as a res ~ dence for 1 ow-income persons;
~ b} I f occupi ed, the property i s occupied solely as a
res ~ dence for law- ~ ncome persons;
~ c } The app] i cant's application was filed prior to July 1,
2000;
~d} The property i s owned or being purchased by a nonprof i t
corporation organized i n a manner that meets the criteria far a
public benefit corporation, as described under ORS 65.001 X31 } or for
a religious corporation, as described under ORS 65.00133}; and
fie} The property i s owned or being purchased by a nonprof i t
corporat ~ on that expends no more than ten percent of its annual
income from residential rental s for purposes other than acquisition,
maintenance or repair of residential rental property for low-income
persons, or for the provision of on-site child care services for the
residents ~f the rental property.
For purposes of this subsecti on, a nonprof i t corporation that has only a
1 easehol d interest i n property i s cans i dared to be a purchaser of that pro art
P y
i f the nonprofit corporation i s obligated under the terms of the lease to pay the
ad valorem taxes on the real and personal property used i n the rental activity
on that property, or the rent payable has been established to reflect the savings
resulting from the exemption from taxation.
Section 1. Subsections ~1}, ~2}, and ~5} of Section 2.940 of the Eugene
Code, 1971, are amended to provide:
2.940 low- Income Rental Housi n Pro art Tax Exem ti an -Termination.
~ 1 } I f , after, a resolution approving an application for exemption
hereunder has been f ~ 1 ed w~ th the county assessor the city manager finds that
~ a} Construction of the hauling unit was not completed
w~ th ~ n two years after the date the application was approved, or on
ar before July 1, 2000, and no extensions or exceptions as provided
in subsection ~4} hereof have been granted; or,
fib} The applicant has failed to comply with the provisions
of ORS 301.515 to 301.523, the provisions of this code, or any
provisions of the standards and guidelines adapted by council
resolution; or,
~c} The applicant has fai 1 ed to comply with any condi ti ans
~ mposed ~ n the resol ut i an appravi ng the application,
the city manager shall recommend to the count i l , and notify the owner of the
property, at the owner's last known address, and every known lender, at the last
known address of each such lender, of the manager's recommendation that the
exemption be terminated. The notice shall clearly state the reasons for the
proposed terms nat~ on, and shall require the owner to appear before the council ,
at a t i me specified i n the notice, which shall be 20 days ar more from the date
the notice was mai 1 ed, to show cause, i f any exists, why the exam ti an should not
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be terminated,
. f ~ 2 } I f, the owner fai 1 s to appear before the counc i 1 at the time
sped f ~ ed ~ n the note ce, or ~ f the owner appears and fai 1 s to show cause why the
exemption should not be terminated, the city manager shall notify every known
lender and shall al 1 vw each such lender not less than 30 days after the date the
notice of the failure to appear and show cause i s mai 1 ed to cure any
nancompl i ance 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 fai 1 s to cure or give adequate assurance
that any noncompliance wi 11 be cured, the council shat 1 adopt a resol uti on
terminating the exemption, which shall contain its findings i n support thereof .
Copy es of the resol ut ~ on shall be f i 1 ed with the county assessor and mai 1 ed to
the property owner, at the owner's 1 ast address, and to the 1 ender, at the
lender's last known address, within to days from the date adopted. If a
determination is made that the exemption should continue as previously granted,
the counci 1 shall adapt a moti on rejecting the manager's recommendation, and
notify the property owner of that action within 10 days from the date of the
hears ng,
~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 i mmed i atel y~ fo11 owi ng the calendar
year ~ n wh ~ ch the appl ~ cat ~ on was approved. The exemption shall apply only to
the 1 and and improvements located thereon that are a part of the 1 ow-income
housing unit , The exemption s h all be i n addition to any other exempt i an provided
by law .
Section 8. Sectian 2.945 of the Eugene Cade, 1911, is amended by adding
a new Subsection ~8} thereto, to pravide:
2.945 Multi l e-Unit Rental Housi n -Pro ert Tax Exem ti an,
~8} . In the case of a structure converted i n whale or i n part from
other use to mu1 t~ pl e f amp ly use, only the increase i n value attributable to the
conveys i an shall be exempt from taxati an .
Section 9. Subsection { 5} of Section 2.941 of the Eugene Code, 1911, i s
amended to provide:
2.941 Multi l e-Unit Rental Hvusi n -Termination of A royal , Review,
~5} In any event, no multiple-unit hausi ng granted an exemption by
the counci 1 shal 1 be exempt from ad val arem taxation for more than to successive
years beginning the tax year commencing during the calendar year immediately
following the calendar year in which construction is completed, determined by
that stage in the construction process when, pursuant to ORS 301.330 the
improvement waul d have gone on the tax roll s i n the absence of the exemption .
The exemption shall not include the 1 and, nay any improvements 1 orated thereon
that are not a part of the multiple-unit housing and shal 1 be i n addition to any
other exempt ~ on prov ~ ded by law.
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Section 10. The City Recorder, at the request of, or with the concurrence
of the City Attorney may administratively correct any reference errors cantai ned
herein or i n other provisions of the Eugene Code, 1911 to the provisions added,
amended or repealed herein.
Section 11. That the matters contained herein concern the publ i c wel f are,
and i n order to ensure conformity with the state statutes authari zi ng the
programs regulated herein, and emergency i s hereby declared to exist, and thi s
Ordinance shall become effective July 1, 1994.
Passed by the City Council thi s
13th day of June, 1994
~~"'~ ,;
City Recorder
Approved by the Mayor th i s
13th day of June, 1994
Mayor
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