2013 ORS § 307.529¹
Notice of proposed termination of exemption
  • grounds
  • ordinance terminating exemption

(1) Except as provided in ORS 307.531 (Termination of exemption without notice), if, after an application for exemption under ORS 307.517 (Criteria for exemption) has been approved under ORS 307.527 (Ordinance approving or disapproving application), the governing body finds that construction or development of the exempt property differs from the construction or development described in the application for exemption, or is not completed on or before January 1, 2020, or that any provision of ORS 307.515 (Definitions for ORS 307.515 to 307.523) to 307.523 (Time for filing application) is not being complied with, or any provision required by the governing body pursuant to ORS 307.515 (Definitions for ORS 307.515 to 307.523) to 307.523 (Time for filing application) is not being complied with, the governing body shall give notice of the proposed termination of the exemption to the owner, by mailing the notice to the last-known address of the owner, and to every known lender, by mailing the notice to the last-known address of every known lender. The notice shall state the reasons for the proposed termination and shall require the owner to appear at a specified time, not less than 20 days after mailing the notice, to show cause, if any, 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 governing body shall notify every known lender, and shall allow any lender not less than 30 days after the date the notice of the failure to appear and show cause is mailed to cure any noncompliance or to provide assurance adequate to the governing body that all noncompliance shall be remedied.

(3) If the owner fails to appear and show cause why the exemption should not be terminated, and the lender fails to cure or give adequate assurance of the cure of any noncompliance, the governing body shall adopt an ordinance or resolution stating its findings terminating the exemption. A copy of the ordinance or resolution shall be filed with the county assessor, and a copy shall be sent to the owner at the owners last-known address and to the lender at the last-known address of the lender within 10 days after its adoption. [1989 c.803 §8; 1991 c.459 §65; 1991 c.930 §7; 1993 c.168 §5; 1997 c.541 §129; 1997 c.752 §8; 1999 c.487 §2; 2010 c.29 §7]