HomeMy WebLinkAboutOrdinance 6234 01/20/2009
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ORDINANCE
No. 6234 (Special)
AN ORDINANCE REGARDING THE SPRINGFIELD MUNICIPAL CODE SECTION 3.412 AND
"COLLECTION OF CHARGE" SYSTEMS DEVELOPMENT CHARGES, SECTION 8.332 "FEES" AND
GRADING, AND SECTION 304(a) "PERMIT ISSUANCE" AND (b) "PLAN REVIEW PROCESS" OF
THE SPRINGFIELD BUILDING SAFETY CODES, ADMINISTRATIVE CODE TO TEMPORARILY
DEFER CHARGE AND FEE COLLECTION AT THE REQUEST OF THE PROPERTY OWNER UNTIL
TIME OF FINAL OCCUPANCY REQUEST IN ORDER TO STIMULATE AND ENCOURAGE THE
DEVELOPMENT AND REDEVELOPMENT OF APPROPRIATELY SERVICED LAND FOR SINGLE
FAMILY OR DUPLEX RESIDENTIAL HOUSING STARTS WITHIN SPRINGFIELD'S PLANNING AND
BUILDING JURISDICTION DURING THE PERIOD OF TIME FROM THE EFFECTIVE DATE OF THIS
ORDINANCE THROUGH OCTOBER 15, 2009, PROVIDING DEFERRAL LIMITATIONS, PROVIDING
FOR THE PAYMENT OF DEFERRED FEES AND CHARGES UPON THE TRANSFER OF OWNERSHIP
OF SUCH PROPERTIES, PROVIDING AN ASSESSMENT FOR A DEFERRED CHARGE OR FEE AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Springfield has authority pursuant to Section 4 of the 2001 Springfield
Charter and Oregon Revised Statutes to establish fees and charges based on costs for specific
services rendered; and
WHEREAS, many of these services require the payment of such fees at the time of issuance of a
building permit; and
WHEREAS, in order to stimulate and encourage the development and redevelopment of
appropriately serviced single family or duplex residential housing starts within Springfield's
planning and building jurisdiction payment to the city of certain specified fees specified in this
Ordinance may be deferred until time of final occupancy request.
NOW THEREFORE, be it resolved by the Common Council of the City of Springfield as follows:
Section 1. SMC 3.412 Deferred. The charge required to be paid to City pursuant to the
SMC, Section 3.412 "Collection of Charge" and "Systems Development Charges" may be
deferred at the request of the property owner until final building occupancy is requested.
Section 2. SMC 8.332 Deferred. The charge required to be paid to City pursuant to SMC,
Section 8.332 "Fees" and "Grading" may be deferred at the request of the property owner until
final building occupancy is requested.
Section 3. SMC 303(a) Deferred. The fees required by Section 303(a) "Permit Issuance"
and 304(a) "Permit Fees" and (b) "Plan Review Fees" of the Springfield Building Safety Codes,
Administrative Code, may be deferred at the request of the property owner until final building
occupancy is requested.
Section 4. Deferral Limitations. No person or legal entity shall own or have any interest in,
in whole or in part, in excess of six properties on which deferrals are pending at the same time.
The decision of the Development Services Director on the applicability of this limitation shall be
final.
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Section 5. Payment Upon Conveyance. In the event that the real property on which the
fees have been deferred pursuant to this Ordinance is sold or conveyed, the fees or charges
deferred shall become immediately due and payable to the City of Springfield. Sale or
conveyance includes either actually selling, conveying or assigning any or all of the property or
any or all of the owner's interest in property.
Section 6. Assessments. The owner shall be required to execute a request for and a
consent to assessment of the amount of the fees or charges deferred on each real property for
which a deferral is requested. The request and consent shall be made on a form prepared by
the City Finance Officer who, upon receipt, shall enter the assessment in the docket of City
Liens and record it in Lane County Deeds and Records. Upon the entry and recordation being
made, the assessments shall constitute a lien upon the property which received the deferred
charge or fee.
Section 7. Beginning/End Date. The deferral set forth herein shall be in full force and effect
from the effective date of this Ordinance through October 15, 2009, and unless extended by
Resolution of the Council, on October 16, 2009 shall lapse and be of no further force and effect.
Section 8. Future Amendment. Future ordinances of the Common Council may be adopted
to amend, add, or delete any rate, permit, license or other fee or charge or to defer such fee or
charge.
Section 9. Severability. In the event any deferral as specified in this Ordinance shall be
held invalid by operation of law or any court of competent jurisdiction or the enforcement of
any fee restrained by such court pending a final determination as to its validity, the remainder
of the rates, permits and licenses fees and other fees and charges of the City of Springfield shall
not be affected thereby and shall remain in full force and effect.
Section 10. It is hereby found and determined that matters regarding the deferral of fees
and charges referenced in Sections 1, 2, 3 and 4 hereinabove are necessary for the immediate
economic stimulation and encouragement of single family or duplex residential housing within
Springfield's planning and building jurisdiction and, therefore, an emergency exists and this
Ordinance shall take effect upon adoption by the Council and approval by the Mayor.
Adopted by the City Council of the City of Springfield this 20th day of January, 2009 by a vote
of ~ in favor and ~ against. (1 Absent)
Approved by the Mayor of the City of Springfield this 20thday of January, 2009.
ATTEST:
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OFFICE OF CITY AnORI\J~V
ORDINANCE NO. 6234