HomeMy WebLinkAboutOrdinance No. 19604ORDINANCE NO. .19604
AN ORDINANCE CONCERNING THE CITY'S LIMITED ASSESSMENT
PROGRAM AND MULTIPLE UNIT RENTAL HOUSING PROGRAM; AMENDING
SECTIONS 2.945 2.947 OF THE EUGENE CODE, 1971; AND
REPEALING SECTION 2.940 OF THAT CODE.
The City Council of the City of Eugene finds that multiple-unit rental
housing would not be built near or in the downtown care area of the City
without the incentive of a property tax exemption. This finding is based
on the staff report, the City's experience with the property tax exemption
program in the past, and the testimony at the February 13, 1959 hearing.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. Section 2.940 of the Eugene Code, 1971, is repealed.
Section 2. Sections 2.945 and 2.947 of the Eugene Code, 1971, are
amended to provide:
2.945 Multi le-Unit Rental Housin -Pro ert Tax Exem tion.
~1} Based upon the findings contained in Resolution No. 2711
adapted by the council on July 11, 1917, and the provisions of Resolution
No. 4109 adopted by the council on February 13, 1959, the provisions of ORS
307.600 to 307.690 are hereby readopted as the city's multiple-unit rental
housing property tax exemption program within the area generally bounded by
the Willamette River and Skinner's Butte Park on the north, Jefferson Street
on the west, 13th to 19th Avenues on the South, and on the east by Hilyard
Street between Broadway and 11th Avenue and Patterson Street between 11th and
and 13th Avenues and High Street between 13th and 19th Avenues, more or less,
all of which is more particularly described in Attachment 1 to Exhibit "A"
to Resolution No. 4109 referred to above.
~ 2 } Applications for property tax exemption hereunder shall be
f i 1 ed with the city manager and processed i n accordance with the amended
and restated standards and guidelines attached as Exhibit "A" to Resolution
No. 4109. As used in sections 2.945 and 2.941 of this code and the amended
and restated standards and guidelines referred to above, "city manager" inw
cludes the manager's designee.
.~3} Upon receipt of the city manager's written recommendation,
the caunc~l shall consider the application at its next scheduled meeting.
If the council fails to act on an application which has been timely referred
to it as provided in the guidelines, within 150 days from the date it was
filed, the application shall be deemed approved and processed thereafter in
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accordance with subsection ~1} of this section.
~4} At the meeting at which the city manager's recommendation is
considered the council shall adopt a resolution approving the application
and granting the property tax exemption, ar adapt a resolution disapproving
the application and denying the property tax exemption.
~5} In approving an application, the council must find that:
~a} The owner has agreed to include in the construction,
as apart of the multiple-unit housing, one or more design
elements of benefit to the general public, including but not
limited to open spaces, parks and recreational facilities, common
meeting rooms and day care facilities, or as otherwise specified
in the standards and guidelines referred to above;
fib} That the proposed construction project is, or will be
at the time of completion, in conformance with all local plans
and planning regulations, including special ar district-wide
plans developed and adopted pursuant to ORS chapters 191 and
221, which are applicable at the time the application is approved;
~c} The owner has complied with all the provisions of the
city's standards and guidelines referred to above.
In addition to the owner's name and address, and a legal description or the
assessor's property account number for the subject multiple-unit housing,
the resolution approving the application shall contain the above findings
and set forth the specific conditions of approval or exclusions therefrom
and specify the duration of the exemption. A resolution denying an applica-
tion shall set forth the specific reasons far denial.
~6} The city manager shall forward to the applicant a copy of the
resolution adopted by the council within 10 days from the date a determina-
tion is made under subsection ~5} above, and on or before April 1 following
approval shall file with the county assessor a copy of the resolution
approving an application.
~1} With respect to an application deemed approved under subsec-
tion ~3} hereof, on or before April 1 fallowing the expiration of the 180-day
perTOd, the city manager shall file with the county assessor an administra-
tive order containing the same findings and information as required to be
set forth ~n a resolut~an approving an application and forward a copy thereof
to the applicant,
2.941 Multi le-Unit Rental Housin -Termination of A raval, Review.
~1} After a resolution approving an application has been filed,
~ f the city manager f ~ nds that:
~a} Construction of multiple-unit rental housing was not
completed on or before January 1, 1995, and no extensions as
provided in subsection ~4} hereof have been granted, or
fib} The applicant has failed to comply with the provisions of
ORS 307.600 to 301.690, the provisions of this code, any provisions
of the amended and restated standards and guidelines attached as
Exhibit A to Resolution Na. 4109, or
~c} The applicant has failed to comply with any conditions
imposed in the resolution approving the application,
the city manager shall notify the council and the owner of the property, at
the owner's last known address, of the manager's intention to recommend to
the council that the exemption be terminated. The notice shall clearly
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state the reasons far the proposed termination, and shall require the owner
to appear before the council, at a time specified in the notice, which shall
not be less than 20 days from the date the notice was mailed, to show cause,
if any exists, why the exemption should not be terminated.
~2} If the owner fails to appear before the council at the time
specified in the notice, or if the owner appears and fails to Shaw cause why
the exemption should not be terminated, the council shall adopt a resolution
terminating the exemption, which shall contain its findings in support there-
of. Copies of the resolution shall be filed with the county assessor and
mailed to the property owner, at the owner's last address, within 10 days
from the date adopted. If a determination is made that the exemption should
continue as previously granted, the council shall enter written findings of
record in support of the continued exemption and forward a cagy thereof to
the property owner within 10 days from the date of the hearing.
~3} All reviews of council action in denying, approving, or termi-
nating an application shall be governed by the procedures set forth in ORS
34.010 to 34.100 and correction of assessments and tax rolls and the evalu-
ation of the property shall be in conformity with subsection ~~} of ORS
301.680. The council's action on an exemption shall not be a land use deci-
sion for purposes of administrative review.
~4} Upon receipt of a request from the property owner, the council
may, by resolution, extend the deadline for completion of construction Of
multiple-unit rental housing fora period not to exceed 12 consecutive months,
i.e., January 1, 1996, if it finds the failure to complete construction by
January 1, 1995, 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.
~5} In any event, no multiple-unit housing granted an exemption
by the council shall be exempt from ad valorem taxation for more than 10
successive years beginning the assessment year commencing during the calendar
year immediately fallowing the calendar year in which construction is com-
pleted, determined by that stage in the construction process when, pursuant
to OR5 307.334 the improvement would have gone on the tax rolls in the ab-
sence of the exemption. The exemption shall not include the land or any
improvements thereon not apart of the multiple-unit hauling and shall be
in addition to any other exemption provided by law.
~6} Any exemption granted by the council shall terminate immedi-
ately, without right of notice or appeal, in the event the county assessor
determines that a change of use to other than residential or housing has
occurred for the multiple-use housing, or portion thereof, or a declaration
as defined in ORS 94.00411} is presented t0 the county assessor or tax col-
lector for approval in connection therewith. Termination shall be in accord-
ance with the provisions of ORS 307.615.
Section 3. The City Retarder, at the request of, or with the concur-
rence of the City Attorney, i s authorized to administratively correct any
reference errors contained herein, or in other provisions of the Eugene Code,
1911, to the provisions added, amended or repealed herein.
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Section 4. Other jurisdictions levying ad valorem property taxes within
the City of Eugene are requested to agree by resolution to the policy of pro-
viding a property tax exemption to multiple-unit rental housing near or in
the downtown core area of the City.
Passed by the City Council this
13th day of February, 1989
City Rec rder
Approved by the Mayor this
13th day of February, 1989
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9
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Mayor
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