[Adopted 4-11-2016 by L.L. No. 2-2016]
Residential buildings that are reconstructed, altered or improved,
pursuant to § 485-r of the New York State Real Property
Tax Law shall be exempt from taxation and special ad valorem levies
levied.
As used in this article, the following terms shall have the
meanings indicated:
The assessed value of the property on the day the City of
Batavia designates the property as redevelopment inhibited.
The gap financing costs divided by the incremental increase
in annual property taxes resulting from the redevelopment. The exemption
period is rounded up to the nearest whole number and may not exceed
25 years.
The total cost of the property's redevelopment as approved
by the local government minus the increase in the full valuation of
the property upon completion of the redevelopment.
The assessed value of the property as is determined by the
Assessor upon completion of the redevelopment.
The taxation based on the increased assessment minus the
taxation based on the base assessment.
A residential property that been neglected or abandoned because
of the local economic conditions and/or conditions on the property
that inhibit the property from being redeveloped by the private sector.
Land that is undeveloped may not be designated as redevelopment inhibited
property.
The City of Batavia shall designate any property within the
City boundaries as a redevelopment inhibited property if one or more
of the following are met:
A.
The City has acquired title to the property pursuant to Real Property
Actions and Proceedings Law Article 19-A; or
B.
The property has been continuously vacant for a period of at least
three years; or
C.
The City has acquired title to the property via foreclosure for unpaid
tax pursuant to Article 11 of the Real Property Tax Law; or
D.
The property has outstanding zoning, housing, or Uniform Code violations
and the cost of remedying the violations exceeds the property's value.
A.
Redevelopment-inhibited property is exempt from taxation and special
ad valorem levies to the extent of any increase in value attributable
to demolition, alteration, rehabilitation, or remediation pursuant
to the following procedure:
(1)
The demolition, alterations, rehabilitation, and/or remediation shall
be permitted by the City of Batavia Bureau of Inspection such that
building or plumbing permits issued, and said demolition, alterations,
rehabilitation, and/or remediation, shall have met all necessary approvals
per the applicable New York State Uniform Fire Prevention and Building
Code, Batavia Municipal Code and the City of Batavia Bureau of Inspection
upon completion; and
(2)
The property for which the exemption is sought must be an owner-occupied
one-family residence; and
(3)
The owner of such property must file an affidavit of residency with
the Assessor of the City of Batavia on or before the taxable status
date of March 1, confirming continued owner-occupancy of the property;
and
(4)
Redevelopment inhibited property is exempt from taxation and special
ad valorem levies attributable to the increased assessment minus the
taxes and special ad valorem levies imposed on the base assessment.
B.
In the event the property granted an exemption pursuant to this article
ceases to be owner-occupied and/or the affidavit of residency is not
filed annually for the approved exemption period, the exemption granted
pursuant to this article shall cease.
C.
In the event the property granted an exemption pursuant to this article
ceases to be a one-family dwelling, the exemption granted pursuant
to this article shall cease.
D.
In the event the owner of the property is convicted of a violation
or misdemeanor pursuant to the New York State Uniform Fire Prevention
and Building Code or the Batavia Municipal Code, the exemption granted
pursuant to this article shall cease.
A.
The exemption period will equal the gap financing costs divided by
the incremental increase in annual property taxes resulting from the
redevelopment. The exemption period is rounded up to the nearest whole
number and may not exceed 25 years.
B.
The extent of such exemption shall decrease the last eight years
of the exemption period by 12 1/2% of the increase in assessment
due to the redevelopment, equaling an exemption of 0% on the final
year of the exemption period.
A.
Such exemption shall be granted only upon application by the owner
of such building for the redevelopment inhibited property exemption,
on a form prescribed by the City. The application must be filed with
the Assessor of the City of Batavia on or before the taxable status
date of March 1. The application must be filed with the Assessor of
the City of Batavia within three years from the date of completing
the demolition, alterations, rehabilitation, and/or remediation.
B.
The owner filing such exemption does not have to be the owner responsible
for completing the demolition, alterations, rehabilitation, and/or
remediation.
C.
Once granted, the residential redevelopment inhibited property tax
exemption runs with the land for the exemption period pursuant to
this article.
This article shall take effect immediately.
