Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Wesleyville, PA
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Ord. No. 8/20/1987, 8/20/1987, § 1; as amended by Ord. No. 2009-002, 4/8/2009]
As used in this Part, the following terms shall have the meanings indicated:
DETERIORATED AREA and/or DETERIORATED NEIGHBORHOOD
The area or areas designated by Borough Council at a public hearing held for the purpose of so designating an area or areas.
DETERIORATED COMMERCIAL PROPERTY
Any industrial, commercial, or other business property owned by an individual, association or corporation and located in a deteriorating area, as hereinafter provided, or any such property which has been the subject of an order by a government agency requiring the unit to be vacated, condemned or demolished by reason of noncompliance with laws, ordinances or regulations.
DETERIORATED RESIDENTIAL PROPERTY
A dwelling unit located in a deteriorated neighborhood, as hereinafter provided, or any such dwelling unit which has been, or upon request is, certified by a health, housing or building inspection agency as unfit for human habitation for rent withholding, or other health or welfare purposes, or has been the subject of an order by such an agency requiring the unit to be vacated, condemned or demolished by reason of noncompliance with the laws, ordinances or regulations.
DOCUMENT
This Part 6 is a local economic revitalization tax assistance ordinance, and shall be known and cited as the "Wesleyville Borough LERTA Ordinance."
DWELLING UNIT
A house, double house or duplex, townhouse or row house, apartment, or any building intended for occupancy as living quarters by an individual, family or families or other groups of persons, which living quarters contain a kitchen or other cooking equipment for the exclusive use of the occupant or occupants.
IMPROVEMENT
Repair, construction or reconstruction, including alterations and additions, having the effect of rehabilitating a structure so that it becomes habitable or attains higher standards of housing safety, health or amenity or is brought into compliance with laws, ordinances or regulations governing housing standards; ordinary upkeep and maintenance shall not be deemed an improvement.
NEW RESIDENTIAL CONSTRUCTION
The building or erection of dwelling units, as defined above, upon vacant land or land specifically prepared to receive such structures after the effective date of this Part 6.
SPECIFIC PROPERTIES
Encompass the invest opportunity area of this Part 6. These properties are delineated by their Erie County Assessment Reference Numbers. Any subsequent changes to these properties by replotting of lot lines or subdivision into smaller lots shall also be included.
District
Map
Block
Parcel(s)
50
1
1 to 15
All parcels
2
16
1
2
17
1 to 3
2
18
1 to 4
2
19
1 to 3.01
2
20
1 to 7 and 15
3
21
1 to 6
3
22
1 to 9
3
23
10 and 11
3
24
1, 3 and 4
3
25
1 to 4
[Ord. No. 8/20/1987, 8/20/1987, § 2]
There is hereby exempted from all property taxation the assessed valuation of improvements to deteriorated commercial and residential properties and the assessed valuation of new residential construction, in accordance with the provisions and limitations as hereinafter provided.
[Ord. No. 8/20/1987, 8/20/1987, § 3]
1. 
The exemption from real property taxes shall be as follows:
A. 
Deteriorated Commercial Property: To that portion of the additional assessment attributed to the actual cost of improvements.
B. 
New Residential Construction: To that portion of the additional assessment attributed to the actual cost of construction, but not in excess of the maximum cost per dwelling unit as specified in Subsection 2 of this § 24-603.
C. 
Deteriorated Residential Property: To that portion of the additional assessment attributed to the actual cost of improvement, but not in excess of the maximum cost per dwelling unit as specified in Subsection 2 of this § 24-603.
2. 
The maximum cost per dwelling unit eligible for exemption shall be $50,000 per dwelling unit on the assessment attributable to the actual cost of new construction constructed after the effective date of this Part 6. Maximum cost for improvements constructed during each year thereafter shall be the maximum cost for the preceding year multiplied by the ratio of the United States Bureau of the Census new, one-family houses price index for the current year to such index for the preceding year. The date of the construction shall be the date of issuance of the building permit, improvement record or other required notification of construction. No tax exemption shall be granted under the provisions of this Part 6 for any improvements to any dwelling unit in excess of the maximum cost specified above. This limitation shall not apply to nonresidential, industrial, commercial or other business properties which are eligible for exemptions under this Part 6.
3. 
After the effective date of this Part 6, where deteriorated commercial or residential property is damaged, destroyed or demolished by any cause or for any reason and the assessed valuation of the property affected has been reduced as a result of the said damage, destruction or demolition, the exemption from real property taxation authorized by this Part 6 shall be abated in proportion to the percentage of the damage, destruction or demolition.
4. 
No tax exemption shall be granted if the property owner does not secure the necessary and proper permits prior to improving the property. No tax exemption shall be granted if the property as completed does not comply with the minimum standards of the Housing and Building Codes of Wesleyville Borough.
[Ord. No. 8/20/1987, 8/20/1987, § 4]
1. 
The schedules for real estate taxes to be exempted shall be as follows:
A. 
Deteriorated Commercial Property. For the first five years during which the improvement becomes assessable, 100% of the eligible assessment shall be exempted.
B. 
New Residential Construction. For the first three years during which the improvement becomes assessable, 100% of the eligible assessment shall be exempted.
C. 
Deteriorated Residential Property. For the five years during which the improvement becomes assessable, the following shall apply:
(1) 
First year: 100% exemption.
(2) 
Second year: 80% exemption.
(3) 
Third year: 60% exemption.
(4) 
Fourth year: 40% exemption.
(5) 
First year: 100% exemption.
(6) 
Fifth year: 20% exemption.
2. 
The exemption shall commence in the tax year immediately following the year in which the building permit is issued.
3. 
The exemption from taxes granted under this Part 6 shall be upon the property and shall not terminate upon the sale or exchange of the property.
4. 
If an eligible property is granted tax exemption pursuant to this Part 6, the improvement shall not, during the exemption period, be considered as a factor in assessing other properties.
[Ord. No. 8/20/1987, 8/20/1987, § 5]
The County Executive of Erie County shall develop the guidelines and procedures to implement this Part 6 within 60 days of its adoption.
[Ord. No. 8/20/1987, 8/20/1987, § 6]
This Part 6 and the exemptions granted herein shall not apply to properties which are, according to the municipality in which the properties are located, nonconforming uses.