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(1) Except as provided in subsection (8) of this section, after a resolution approving an application has been filed, if the city manager finds that:

(a) Construction of multiple-unit housing was not completed within the time specified in the resolution, and no extensions as provided in subsection (5) hereof have been granted, or

(b) The applicant, developer or other owner of the project has failed to comply with the provisions of ORS 307.600 to 307.637 or the provisions of this code or administrative rules adopted thereunder, or

(c) The applicant, developer or other owner of the project has failed to comply with any conditions imposed in the resolution approving the application and the city manager has not determined in writing that project design deviations provide the same or greater degree of adherence to the design principles that council approved for the project, or

(d) Construction of multiple-unit housing was not completed on or before January 1, 2022, or

(e) In the event units within the development are sold individually, a unit owner fails to comply with applicable requirements described in paragraphs (b) or (c) of this section, the city manager shall notify the council; the owner of the property, at the owner’s last known address; and any known lender, at the lender’s last known address, of the manager’s intention to recommend to the council that the exemption be terminated. The notice shall clearly state the reasons for 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 and show cause why the exemption should not be terminated, the city shall further notify every known lender of the owner’s failure to appear and shall allow the lender a period of not less than 30 days, beginning with the date that the notice of failure to appear and show cause is mailed to the lender, to cure any noncompliance or to provide adequate assurance that the noncompliance will be remedied.

(3) If the owner fails to appear before the council at the time specified in the notice, or if the owner appears and fails to show cause why the exemption should not be terminated, and a lender fails to cure or give adequate assurance that any noncompliance will be cured, the council shall adopt a resolution terminating the exemption, which shall contain its findings in support thereof. Copies of the resolution shall be filed with the county assessor and mailed to the property owner, at the owner’s last known address, and to any lender at the lender’s last-known 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 copy thereof to the property owner and to any lender within 10 days from the date of the hearing.

(4) All reviews of council action in denying, approving, or terminating 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 evaluation of the property shall be in conformity with ORS 307.687. The council’s action on an exemption shall not be a land use decision for purposes of administrative review.

(5) If construction, addition, or conversion of multiple-unit housing is not completed by January 1, 2022, upon receipt of a request from the property owner, the council may, by resolution, extend the deadline for completion of construction of multiple-unit housing for a period not to exceed 12 consecutive months, if it finds the failure to complete construction by the time specified in the resolution 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.

(6) In any event, no multiple-unit housing granted an exemption by the council may be exempt from ad valorem taxation for more than 10 successive years. The first year of exemption is the assessment year beginning January 1 immediately following the calendar year in which construction, addition or conversion is completed, determined by that stage in the construction process when, pursuant to ORS 307.330 the improvement would have gone on the tax rolls in the absence of the exemption. The exemption may not include the land, nor any improvements located thereon that are not a part of the multiple-unit housing but may include commercial use of a portion of the structure and parking constructed as part of the multiple-unit housing construction, addition or conversion, and is in addition to any other exemption provided by law. However, no property may be exempt beyond 100 percent of its real market value.

(7) Any exemption granted by the council shall terminate immediately, without right of notice or appeal, in the event the county assessor determines that a change of use to other than residential or residential with commercial uses of a portion of the structure, or housing has occurred for the multiple-use housing, or portion thereof, or if a low income housing assistance contract with an agency or subdivision of this state or the United States is breached or terminated prematurely, or a declaration as defined in ORS 100.005(12) is presented to the county assessor or tax collector for approval in connection therewith. Termination shall be in accordance with the provisions of ORS 307.627.

(8) Notwithstanding subsections (1) through (7) of this section, if applicant, developer or other owner of the project has failed to comply with the requirements of ORS 307.600 through 307.637, sections 2.945 through 2.947 of this code or the administrative rules adopted thereunder, or a resolution adopted pursuant subsection (7) of section 2.945 of this code, in lieu of subsections (1) through (7) of this section, the city manager may impose penalties as set forth in section 2.1995 of this code. Each day in which a violation is caused or permitted to exist constitutes a separate violation. Failure to pay an administrative penalty authorized by this subsection shall be grounds for terminating the exemption under subsections (1) through (3) of this section.

(Section 2.947 added by Ordinance No. 18021, enacted July 11, 1977, amended by Ordinance No. 18809, enacted May 27, 1981; Ordinance No. 19604, enacted February 13, 1989, effective March 15, 1999; Ordinance No. 19854, enacted May 26, 1992; Ordinance 19967, enacted June 13, 1994; Ordinance No. 20073, enacted December 2, 1996, effective January 2, 1997; Ordinance No. 20103, enacted December 8, 1997, effective January 7, 1988; Ordinance No. 20246, enacted January 28, 2002, effective March 1, 2002; Ordinance No. 20350, enacted October 28, 2005, effective November 27, 2005; and Ordinance No. 20424, enacted November 24, 2008, effective December 27, 2008; Administratively corrected January 19, 2010; amended by Ordinance No. 20479, enacted September 26, 2011, effective October 29, 2011; Ordinance No. 20556, enacted July 13, 2015, effective August 20, 2015.)