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HomeMy WebLinkAbout2015-02-8216184769ver2 AN ORDINANCE REPEALING ARTICLE II, PROPERTY ASSESSMENT AND REASSESSMENT MORATORIUM OF CHAPTER 106, TAXATION OF THE CODE OF ORDINANCES AND RE-CREATING CHAPTER 106, ARTICLE II. ESTABLISHING AND APPROVING THE DOWNTOWN AND MARKET HOUSE HISTORIC DISTRICT ASSESSMENT AND REASSESSMENT MORATORIUM FOR _. CITY OF PADUCAH TAXES, AND AUTHORIZING THE DIRECTOR OF PLANNING TO ADMINISTER THE PROGRAM WHEREAS, KRS, 99.595 through 99.605 and KRS 132.452 permit local governments to establish property assessment and reassessment moratoriums for qualifying properties; and WHEREAS, the City of Paducah wishes to take advantage of the provisions of these laws to encourage the repair, rehabilitation, restoration or stabilization of existing real property in the City of Paducah, Kentucky: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby repeals Article II, Property Assessment and Reassessment Moratorium of Chapter 106, Taxation of the Code of Ordinances of the City of Paducah, Kentucky in its entirety. SECTION 2. There is hereby established a program for the granting of property assessment or reassessment moratoriums for qualifying units of real property located in the Downtown & Market House Historic Districts (Map #1). To be eligible, an existing residential building must have been in existence for at least fifty years (50) in the Target Area and must be used to provide independent living facilities for one (1) or more persons. To be eligible, a commercial facility must have been in existence for at least fifty years (50) in the Target Area and must have as its primary purpose and use the operation of a commercial business enterprise. To be eligible, the costs of improvements to the commercial facility or the existing residential building, including materials and labor must exceed $75,000.00. To be eligible, the rehabilitated portion of the commercial facility or the existing residential building must comply with all applicable building codes. To be eligible, all required permits (i.e. zoning, building, etc.) must have been obtained, the real property upon which the commercial facility or the existing residential building sits must be free of any liens held by the City of Paducah, and all property taxes and any and all other governmental levies, assessments or taxes of every kind and nature whatsoever, which are assessed, levied, imposed upon, or would become due and payable out of or with respect to the real property upon which the commercial facility or the existing residential building sits must be paid, including without limitation business license fees. SECTION 3: The administering agency for this moratorium program shall be the City of Paducah Department of Planning. R �.. 1 i,. -.I 1 ..:-r,l'�,,p,'71-,-'�*m7 1T`1' riL it I L —. _,!! j 1 1� — _:— I i. _ i _s 1, a li II SECTION 4: All moratoriums shall be for a period of five (5) years, and each shall become effective on the assessment date next following the issuance of the moratorium certificate. SECTION 5. Any moratorium providing an economic benefit to the applicant above $20,000 shall require approval by the Commission of the City of Paducah. SECTION 6. Applications shall be made to the administering agency for a property assessment or reassessment moratorium certificate as follows: (1) The application shall be on a form prescribed by the Department of Revenue and shall be filed in the manner prescribed by the Department of Planning. (2) The application shall be filed with the administering agency thirty (30) days before commencing the restoration, repair, rehabilitation, or stabilization. (3) The application shall contain the following: (a) A general description of the property; (b) A general description of the proposed use of the property; (c) The general nature and extent of restoration, repair, rehabilitation or stabilization to be undertaken and cost estimates based on bids submitted to the applicant; (d) A time schedule for undertaking and completing the project; (e) If the property is a commercial facility, the application shall contain a descriptive list of the permanent building equipment which will be a part of the facility and a statement of the economic advantages expected from the moratorium, including expected construction employment. (f) Proof that the commercial facility or the existing residential building is at least fifty (50) years old. SECTION 7. The Property Valuation Administrator and the Department of Planning shall maintain a record of all applications for a property assessment or reassessment moratorium. The PVA shall assess or reassess the property within thirty (30) days of receipt of the application. This assessment shall be the value for which the City of Paducah taxes are to be levied for five (5) years after the moratorium certificate has been issued. SECTION 8: The applicant shall have two (2) years in which to complete the improvements unless granted an extension in writing by the Department of Planning and the Paducah City Commission. In no case shall the application be extended beyond two (2) additional years. This provision shall not preclude normal reassessment of the property. SECTION 9. Any application not acted upon by the applicant shall become void two (2) years from the date of application and shall be purged from the files of the PVA and the Department of Planning. SECTION 10. The applicant shall notify the Department of Planning when the project is complete, and the Department of Planning shall then conduct an on-site inspection of the property for purposes of verifying that the improvements described in the application have been completed. Only after the project is complete and the improvements verified shall the moratorium certificate be issued by Department of Planning. SECTION 11. An assessment or reassessment moratorium certificate may be transferred or assigned by the holder of the certificate to a new owner or lessee of the property. SECTION 12. At the end of the moratorium period, whether by expiration, cancellation or revocation, the Department of Planning shall send the applicant and the PVA a letter advising of the end of the moratorium and the reassess of the property. On the assessment date next following the expiration, cancellation or revocation of an assessment or reassessment moratorium, the property shall be assessed on the basis of its full fair cash value. SECTION 13. Any property granted an assessment or reassessment moratorium may be eligible for a subsequent moratorium certification provided that reapplication be made no sooner that three (3) years following the expiration of the original moratorium. SECTION 14. Definitions for interpreting this ordinance shall be those outlined in KRS Chapter 99 relating to property assessment and reassessment moratoriums. SECTION 15. Severability. If any section, paragraph or provision of this =°T Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 16. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 17. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 18. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. ATTEST: Tammara S. Sanderson, City Clerk Introduced by the Board of Commissioners, February 10, 2015 Adopted by the Board of Commissioners, February 24, 2015 Recorded by Tammara S. Sanderson, City Clerk, 24, 2015 Published by The Paducah Sun, March 12, 2015 \ord\plan\DOWNTOWN HISTORIC DISTRICT ASSESSMENT MORATORIUM 3 1 r 1 iga.:"r r 1, — -,_ r i ,-i i i r-[ rr.,7T — —r , i aj I!: IT r i 1 - - f ---�- I . F--' T r_F-7— - --1-=., _—r— 1R�qi - '-..i