A. If, after an application has been approved, the City finds that construction of the housing was not completed on or before the deadline specified in this chapter, or that any provision of this chapter is not being complied with, or any provision of the resolution granting the exemption is not being or has not been complied with, the City shall send a notice of the proposed termination of the exemption to the owner’s last known address.

B. The notice of termination shall state the reasons for the proposed termination, and shall require the owner to appear before the Council at a specific time, not less than 20 days after mailing the notice, to show cause, if any, why the exemption should not be terminated.

C. If the owner fails to appear and show cause why the exemption should not be terminated, the City shall further notify every known lender 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 assurance that is adequate, as determined by the City, to ensure that the noncompliance will be remedied.

D. If the owner fails to appear and 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 stating its findings and terminating the exemption. A copy of the resolution shall be filed with the County Assessor and a copy sent to the owner at the owner’s last known address, and to any lender at the lender’s last known address, within 10 days after its adoption.

E. Review of a termination shall be as provided by ORS 34.010 to 34.100. [Ord. NS-2447, 2022]