(1) Submission of information reports. After issuance of the permit, the developer shall submit to the city manager informational reports on forms provided by the city, pertaining to the tenants of the conversion relocated since the granting of the permit application. The informational reports shall be submitted at the end of any month in which a special category tenant has relocated. The informational reports shall continue to be submitted until all special category tenants have been successfully relocated or offered lifetime leases. The developer shall deliver to the city completed purchaser information forms for each purchaser of a condominium unit. These forms shall be provided to the developer by the city and shall request information on the previous tenure (owner or renter) of each occupant of the condominium unit, and the present tenure status of that occupant’s previous dwelling.
(2) Limitation on eviction of or rent discrimination against remaining special category tenants. No developer shall evict, except for good cause, any special category tenant prior to the refusal of any such tenant to accept either of two offers of comparable housing by the developer. To be valid, any such offer of comparable housing shall be made to the tenant by the housing counselor. No comparable housing offer shall constitute one of the two required offers unless it is an independent offer. Failure of any such tenant to accept a comparable housing offer within 5 days of the initial offer shall constitute a rejection. In the event that such special category tenant is temporarily immobile because of sickness or injury, such tenant shall have an additional period of 25 days to accept a comparable housing offer.
(a) No special category tenant residing in the building after issuance of a final condominium conversion permit and prior to the offer to that tenant of two comparable housing units shall be required to pay more rent than the rent charged for comparable housing in the same building or project.
(3) Termination of housing counselor’s services. The services of the housing counselor shall no longer be required upon either the complete relocation of all special category tenants or relocation of some but not all special category tenants and the execution of lifetime leases with the remaining special category tenants.
(4) Disclosure to purchasers. The developer shall make available to any prospective purchaser a summary of purchaser protection requirements imposed by the city, together with any disclosures required by state law. The developer shall make available to a purchaser of a condominium, copies of issued condominium instruments within ten days of execution of an earnest money contract or offer to purchase the condominium, or no later than five days before the conveyance. The developer shall keep a receipt signed by each purchaser acknowledging that the person entering into a contract to purchase has received or has had the opportunity to review the condominium instruments, and has completed the purchaser information form. Such receipts are to be kept on file in this city by the developer or the developer’s agent or affiliate subject to inspection by the city manager at any reasonable time for a period of three years from the date the receipt is taken. Prior to disclosure, the following paragraph must be conspicuously displayed on the first page of each copy of the condominium instrument package:
THE CITY OF EUGENE HAS RECEIVED THE CONDOMINIUM INSTRUMENTS FOR FILING ON _______________. THE CITY HAS REVIEWED THE CONDOMINIUM INSTRUMENTS FOR COMPLIANCE WITH THE RESIDENTIAL CONDOMINIUM CODE PROVISIONS OF THE EUGENE CODE, 1971, BUT ASSUMES NO LIABILITY FOR THE PROJECT OR THE DECLARANT’S ACTIONS OR FAILURE TO ACT.
(5) Update of common elements report. The developer shall update the report required under section 2.1070(a) of this code every three (3) years until control of the condominium is transferred from a developer to an association of unit owners. Such update shall include more current information on repair or replacement costs and any new or supplementary information on the condition and expected useful life of the common elements.
(6) Revocation of conversion permit. A permit may be revoked after notice and a contested case hearing before a hearings officer upon a written finding of fact that the developer has:
(a) Failed to comply with the terms of a cease and desist order;
(b) Been convicted in any court subsequent to the filing of the permit application for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of unit purchasers;
(d) Intentionally or repeatedly failed to perform any stipulation or agreement made with the city as an inducement to grant or reinstate any permit;
(e) Made intentional misrepresentations or concealed material facts in an application for a permit; or,
Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A determination of a hearings officer on a revocation of a permit shall be final.