HomeMy WebLinkAboutOrdinance No. 20494COUNCIL ORDINANCE NUMBER 20494
COUNCIL BILL NUMBER 5073
AN ORDINANCE CONCERNING THE RENTAL HOUSING
CODE; AMENDING SECTION 8.440 OF THE EUGENE
CODE, 1971; AND EXTENDING THE RENTAL HOUSING
CODE SUNSET DATE.
ADOPTED: Jun 11, 2012
SIGNED: June 13, 2012
PASSED: 6:2
REJECTED:
OPPOSED: Brown; Taylor
ABSENT:
EFFECTIVE: July 14, 2012
ORDINANCE NO. 20494
AN ORDINANCE CONCERNING THE RENTAL HOUSING CODE; AMENDING
SECTION 8.440 OF THE EUGENE CODE, 1971; AND EXTENDING THE
RENTAL HOUSING CODE SUNSET DATE.
The City Council of the City of Eugene finds as follows:
A. Sections 8.400 through 8.440, and 8.995 of the Eugene Code, 1971, ( "the Rental
Housing Code ") were adopted by Ordinance No. 20329 on November 22, 2004. Ordinance No.
20329 also provided that the Ordinance and the Rental Housing Code be repealed effective
December 31, 2008.
B. On May 27, 2008, Ordinance No. 20408 extended the sunset date to December
31, 2011. On November 28, 2011, Ordinance No. 20480 extended the sunset date to
September 30, 2012.
C. The Council has determined that the September 30, 2012 repeal date of the
rental housing code should be extended for four years, and that revisions be made to the
Eugene Code to allow for flexibility of the billing process.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . Section 8.440 of the Eugene Code, 1971, is amended to provide as follows:
8.440 Rental Housing — Registration and Fees
(1)
All rental housing not excluded under 8.410(2) shall be registered with the city
on a form and in a manner to be determined by the city manager.
(2)
For the purpose of offsetting the costs to the city associated with the
enforcement of this code, the city manager, using the process contained in
section 2.020 of this code, shall set a fee for each dwelling unit covered by a
rental agreement.
(3)
The following unit types, while subject to the standards, enforcement
procedures, and other requirements established in sections 8.400 through
8.440 of this code, shall be exempt from the fee payment requirements:
(a) Rentals with a recorded deed restriction requiring the units to be rented
affordably to households at or below 60 percent of the Area Median
Income; and
(b) Rentals that have been approved by the city for an exemption from
property taxes pursuant to sections 2.910 to 2.922 and 2.937 to 2.940 of
this code or that are recognized by the city as exempt from property
taxes pursuant to ORS 307.092.
(4)
The owner or the owner's agent shall be responsible for paying the fee. The
total fee shall be paid for any dwelling unit which is covered by this Rental
Housing Code for any portion of a billing period, and no refunds will be
provided after fees are paid if a dwelling unit:
(a) Ceases to be a rental; or
(b) Changes ownership.
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(5) For each month in which the fee is not paid by the date specified in the written
notice of payment, a penalty shall be assessed to the owner or the owner's
agent. The amount of the penalty shall be set pursuant to section 2.020 of this
code.
(6) The city manager may initiate appropriate action to collect the fees due. All
costs associated with these actions, including attorney fees, may be assessed
to the owner or the owner's agent.
Section 2 . The sunset date and repeal of Ordinance Nos. 20329, 20408, 20480, and
this Ordinance is September 30, 2016.
Section 3 . Copies of this Ordinance shall be appended to Ordinance No. 20329, 20408
and 20480.
Section 4 . Notwithstanding Section 2 of this Ordinance, any enforcement actions
commenced to enforce the rental housing code provisions prior to September 30, 2016, may
continue to be pursued, and the provisions related to such enforcement actions shall remain in
effect with respect to those actions. In addition, any fees owed to the City under the provisions
of the rental housing code remain due and owing, and all provisions related to those fees and
their collection shall remain in effect with respect to those fees.
Passed by the City Council this
11 day of June, 2012.
ity Recorder
Approved by the Mayor this
t
i day of June, 2012.
r.
ayor
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