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Ordinance No. 19-16 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19-/( AN ORDINANCE ENACTING A CITYWIDE CONSTRUCTION EXCISE TAX ) 44: f y WHEREAS,there is an identified need for affordable housing in the City of Tigard; and WHEREAS, in 2016, the Oregon Legislative Assembly passed Senate Bill 1533, which allows cities and counties to collect construction excise taxes to fund affordable housing;and WHEREAS,the City Council adopted an Affordable Housing Plan in June of 2019;and WHEREAS,a key recommendation of that plan is the adoption of a construction excise tax to fund affordable housing programs within the city;and WHEREAS, Goal 10 of the City of Tigard's Comprehensive Plan is to "provide opportunities to develop a variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and future residents";and WHEREAS,the Council desires to continue to develop a sustainable affordable housing program to ensure an adequate supply of housing for all of Tigard's residents;and WHEREAS, in 2018, Council adopted an exemption from city systems development charges (SDCs) for affordable housing developments;and WHEREAS,a construction excise tax provides a means to offset lost revenue from SDC exemptions;and WHEREAS,the 2019-2021 Council Goals prioritized adoption of a citywide construction excise tax. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 3.90 of the Tigard Municipal Code is hereby adopted, as shown on the attached Exhibit A. SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3: This ordinance shall be effective January 1,2020. ORDINANCE No. 19-/a Page 1 PASSED: By ZZ.c.Iotzm6ZG.y vote of all council members present after being read by number and title only,this day of/ /07/r°1'yZl ,2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 5-1-A-day of /V6 iti-e4-. ,2019. Jaseii B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- 1 Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 3.90 CONSTRUCTION EXCISE "Commercial" means any structure designed TAX. or intended to be used, or actually used, for occupancy for other than residential purposes and Sections: includes structures otherwise categorized or described as industrial. 3.90.010 Purpose. 3.90.020 Definitions. "Construct" or "construction" means 3.90.030 Tax Imposed. erecting, constructing, enlarging, altering, 3.90.040 Administration and repairing, improving, or converting any building Enforcement. or structure for which the issuance of a building 3.90.050 Exemptions. permit is required pursuant to the provisions of 3.90.060 Failure to Pay. Oregon law. 3.90.070 Failure to Maintain Units as Affordable. "Improvement" means any improvements to 3.90.080 Expenditure of Funds. real property resulting in a new structure, 3.90.090 Statement of Entire Value of additional square footage added to an existing Improvement Required. structure, or additional living space to an existing 3.90.100 Penalties and Interest. structure. 3.90.110 Enforcement by Civil Action. 3.90.120 Refunds. "Median family income" means median 3.90.130 Appeals. family income by household size as defined annually by the Housing and Urban Development 3.90.010 Purpose. (HUD) for the Portland-Vancouver Metropolitan Statistical Area(MSA). This chapter establishes a construction excise tax ("CET") on commercial and residential "Net revenue" means revenues remaining improvements to provide funding for affordable after refunds and the administrative fees described housing in the City of Tigard. in Section 3.90.080.A are deducted from the total construction excise tax collected. 3.90.020 Definitions. "Residential" means any structure designed As used in this chapter, unless the context or intended to be used, or actually used, for requires otherwise: occupancy for residential purposes including any residential structure, dwelling,or dwelling unit. "Building official" means the building official for the City of Tigard, or his or her "Value of improvement" means the total designee. value of the improvement as determined by the construction permit(s) or building permit(s) for "City"means the City of Tigard, Oregon. the improvement, regardless of the number of separate permits issued. The city building official "City manager" means the city manager for will calculate the total value in accordance with the City of Tigard, or his or her designee. OAR 918-050-0100, Statewide Fee Methodologies for Residential and Commercial Permits, or as otherwise provided by law. 3-90-1 Exhibit A TIGARD MUNICIPAL CODE the date of issuance of the building permit on which the improvement value is based and that 3.90.030 Tax Imposed. remain affordable. For purposes of the initial determination of eligibility for this exemption,the A. Each person who obtains a permit to city will use the median family income for the construct a commercial improvement in the city year prior to the date of issuance of the permit on must pay a commercial CET in the amount of one which the improvement value is based. percent(1%)of the value of the improvement. Continuing affordability will be determined based on the median family income for the prior B. Each person who obtains a permit to calendar year. construct a residential improvement in the city must pay a residential CET in the amount of one 2. Accessory dwelling units. This percent(1%)of the value of the improvement. exemption is repealed automatically on July 31, 2023, after which date the full CET value will be C. The CET is due and must be paid at the assessed. time of issuance of a building permit. The CET amount is assessed at the time of submittal of a 3. Construction or improvements building permit application. having a total improvement value of less than fifty thousand dollars($50,000.00). 3.90.040 Administration and Enforcement. 4. Construction or improvements to a residential structure that was partially or The city manager is responsible for the completely destroyed by unintentional means, implementation, administration, and enforcement such as fire or act of nature, where such of this chapter. The city manager may adopt such construction or improvement results in a net policies and procedures as are necessary to increase of living area of ten percent(10%)or less efficiently and effectively carry out that over the living area of the destroyed structure. responsibility, consistent with the provisions of this chapter. 5. Cottage clusters, courtyard units, and quads, as defined by Title 18.200 of the 3.90.050 Exemptions. Tigard Community Development Code (2019), from -frfty-pereent---€50%r of the CET. The A. Notwithstanding TMC 3.90.030, the emaining fifty percent is due and payable as following are exempt from payment of the CET: provided in Section 3.90.030.C. This exemption is repealed automatically on July 31, 2023. 1. Residential housing units,including detached housing, that are subject to a deed 6. Public and private school restriction or other mechanism acceptable to the improvements. city ensuring that the unit(s) are affordable under guidelines established by the United States 7. Public improvements as defined in Department of Housing and Urban Development, ORS 279A.010. to households that earn no more than eighty percent (80%) of the median household income 8. Public or private hospital for a period of at least twenty(20)years following improvements. 5�,��►a fh — t 1 v e (75 f ) amen/el 3-90-2 /42, Coe,nG< Exhibit A TIGARD MUNICIPAL CODE the CET will immediately be due and payable as 9. Improvements to religious facilities of the date the unit no longer qualifies as primarily used for worship or education associated affordable, together with interest and penalties as with worship. provided in Section 3.90.100. The amount of the CET will be calculated using the CET in effect at 10. Long-term care facilities, as the time the unit ceases to qualify. The owner of defined in ORS 442.015, operated by a not-for- record of the unit at the time the unit ceases to profit corporation. qualify will be obligated to pay. The seller and buyer, jointly and severally, will be obligated to 11. Residential care facilities, as pay if the unit ceases to qualify as the result of a defined in ORS 443.400, operated by a not-for- sale, including a sale to a person occupying or profit corporation. intending to occupy the unit whose income exceeds the median family income determination 12. Continuing care retirement for the prior year. communities, as defined in ORS 101.020, operated by a not-for-profit corporation. 3.90.080 Expenditure of Funds. 13. Any improvements required to be A. The city may retain up to four percent exempted from this CET by state law. (4%) of the tax collected for payment toward administrative expenses related to collection and B. The city may require any person seeking distribution of the tax. an exemption to demonstrate that the • improvement is eligible for an exemption and to B. After deducting the administrative fee establish all necessary facts to support the authorized by subsection A, the net revenue from exemption. the tax on residential improvements will be allocated by the city as follows: 3.90.060 Failure to Pay. 1. Fifteen percent (15%) of net The City may not issue a building permit to revenue will be remitted to the Oregon any person required to pay the CET unless the Department of Housing and Community Services person has paid the full amount of CET alleged by to fund home ownership programs. the city to be due. 2. Fifty percent (50%) of net revenue 3.90.070 Failure to Maintain Units as will fund incentives for the development and Affordable. construction of affordable housing authorized by the city as provided by state law. The exemption for affordable units provided in Section 3.90.050.A.1. automatically terminates 3. Thirty-five percent (35%) of net if the unit ceases to qualify as affordable at any revenue will fund programs and activities related time during the twenty (20) year period of to affordable housing. affordability. For purposes of this section, affordability is calculated using the median family C. After deducting the administrative fee income determination for the preceding calendar authorized by subsection A, fifty percent(50%)of year. At any time, if the exemption terminates, the net revenue from the tax on commercial 3-90-3 Exhibit A TIGARD MUNICIPAL CODE improvements will fund programs of the city within thirty (30) days of notice from the city that related to housing. the tax is due. C. Penalties and Interest Merged with Tax. Any accrued interest and imposed penalties under 3.90.090 Statement of Entire Value of this section will be merged with and become a Improvement Required. part of the CET required to be paid under this chapter. This amount becomes the new base for A. It is a violation of this chapter for any calculating new interest amounts. person to fail to state or to misstate the full value of any improvement. 3.90.110 Enforcement by Civil Action. B. Additional CET will be due on any The CET, and any assessed interest and increase in the value of the improvement arising penalties, due and owing under this chapter from the value having been understated or arising constitutes a debt owing to the city by the person from construction changes that result in increased liable for the tax as set forth in Section 3.90.040. building permit fees. The city has all remedies available at law and equity. 3.90.100 Penalties and Interest. 3.90.120 Refunds. A. Interest. Interest will be due on the entire amount that the city manager determines A. The city will issue a refund to any has not been paid and assessed at the rate of ten person who has paid a CET if: percent (10%) per annum from the due date. Interest will be assessed to the 15th day of the 1. The person establishes that the tax month following the due date. Interest amounts was paid for improvements that were otherwise properly assessed in accordance with this section eligible for an exemption under Section 3.90.050 may not be waived or reduced by the city at the time of permit issuance; manager. 2. The person establishes that B. Penalties. In addition to assessing construction of the improvements had not begun interest, a penalty of five percent (5%) of the and the associated building permit was cancelled otherwise applicable CET liability will be by the city;or imposed upon: 3. The city manager determines that 1. Any person who removes one or the amount of any CET, penalty, or interest was more units from the affordability exemption in erroneously collected or paid to the city. Section 3.90.050.A.1. B. The city will either refund all amounts 2. Any person who intentionally fails due within thirty (30) days of a complete request to state the full value of an improvement. for the refund or give written notice of the reasons why the request has been denied. Claims for 3. Any person who fails to pay the refunds must be made upon forms provided by the full amount of the tax, interest, and any penalty city. The request for the refund must be submitted 3-90-4 Exhibit A TIGARD MUNICIPAL CODE within three(3)years from the date of payment of the CET. C. Denial of a request for refund may be appealed as provided for in Section 3.90.130. 3.90.130 Appeals. A. A person who objects to a determination issued by the city applying the provisions of this chapter may file for review of the determination by the city's finance director. The request for administrative review must be in writing,received within ten (10) days of the determination, and must include documentation supporting the request. The finance director's determination in the administrative review will be sent by regular mail. B. The administrative review determination of the finance director may be appealed to the city manager by filing a notice of appeal with the city manager within ten (10) days of issuance of the finance director's determination. The notice must describe the basis for the appeal and the relief sought. C. The filing of any notice of appeal does not stay the effectiveness of the written determination unless the city manager so directs. D. Notwithstanding Section 3.90.060, the city may issue a building permit while an appeal is pending provided that the applicant posts with the city the full amount alleged by the city to be due.No interest will accrue to the applicant on the deposit. E. The city manager will provide a written decision by regular mail to the person who filed the appeal. The city manager's decision on appeal is the city's final decision, subject to judicial review only as provided in ORS 34.010 et seq. 3-90-5