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I. <br /> • <br /> SECTION VII: WAIVER FOR LOW INCOME HOUSING: Notwithstanding any <br /> language in this Ordinance, the Director of Planning and Community <br /> Development Department is hereby provided the discretion to waive, either <br /> partially or in total, the fees established in this Ordinance for projects <br /> submitted for review to the City's Planning and Community Development <br /> Department which projects involve the construction of low income housing. <br /> The extent of the waiver is dependent on the proportion of the project <br /> dedicated to low income housing. (i.e. , the greater portion of the project <br /> dedicated exclusively to low income housing will result in a greater portion <br /> of the fees being waived.) For purposes of this Ordinance, "low income <br /> housing" includes only those housing units which are subsidized either <br /> privately or publicly for the purpose of making them more affordable for the <br /> low income. <br /> The amount of the fee waived shall be a percentage proportionate to the <br /> amount of the project that is low income; i.e. , if the project is 20% low <br /> income housing, 20% of the total fee would be waived. <br /> SECTION VIII: VIOLATION PENALTY: Any person failing to comply with <br /> the requirements of this Ordinance prior to commencing construction or any <br /> land use development activity for which fees are required by this Ordinance <br /> shall pay double the fee required. <br /> SECTION IX: ANNUAL PERMIT FEE REVIEW: Annually, the Mayor shall <br /> direct the review of all land use development permit application fees <br /> included in this ordinance to determine whether adjustments in fee schedules <br /> should be recommended to City Council for consideration. Proposed fee <br /> adjustments shall be made with the intent of meeting the purpose of <br /> Section II of this Ordinance. <br /> SECTION X: REPEALER: Ordinance No. 1452-88 and all other ordinances <br /> in conflict herewith are hereby repealed. <br /> SECTION XI: SEVERABILITY: If any provisions of this Ordinance <br /> shall be declared unconstitutional or invalid by any court of competent <br /> jurisdiction, it shall be conclusively presumed that this Ordinance would <br /> have been enacted without this provision so held unconstitutional or invalid <br /> and the remainder of this Ordinance shall not be affected as a result of <br /> said part being held unconstitutional or invalid. <br /> SECTION XII: EFFECTIVE DATE: This ordinance shall be effective <br /> fifteen (15) days after becoming var. . <br /> PETE KINGW, ayor <br /> ATTEST: <br /> 0 --le DODER, City Cl <br /> PASSED: 9/2.62,/19z2 <br /> VALID: 91/4/1/90 <br /> PUBLISHED: qfgO <br /> 149k <br /> -7- <br />