[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 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.