[Ord. 6735, passed 10-22-1981]
As used in this article, certain terms are defined as follows:
(a) DETERIORATED PROPERTY — Any industrial, commercial or other
business property, excluding property used primarily for residential
purposes, owned by an individual, association or corporation, located
in the deteriorating area, as hereinafter defined, or any such property
which has been the subject of an order by any governmental agency
requiring such property to be vacated, condemned or demolished by
reason of noncompliance with laws, ordinances or regulations.
(b) IMPROVEMENT — The repair, construction or reconstruction, including
alterations and additions, having the effect of rehabilitating a deteriorated
property so that it becomes habitable or attains higher standards
of safety, health, economic use or amenity, or is brought into compliance
with the laws, ordinances or regulations governing such standards.
Ordinary upkeep and maintenance shall not be deemed an improvement.
(c) DETERIORATING AREA — Those areas in the City bounded and described
as follows: Council has determined as a fact that Wards 1 through
8, respectively, constitute "deteriorating areas" within the purview
of Act 76 of 1977.
[Ord. 6735, passed 10-22-1981; Ord. 7269, passed 6-27-1996]
(a) Exemption. There is exempted from real property taxation, the assessed
valuation of improvements to deteriorated properties in the amounts
and in accordance with the provisions and limitations as hereinafter
set forth.
(b) Limitation. Tax exemption as set forth herein shall be limited to
tax exemption on the actual increase in assessed valuation attributable
to the actual cost of such improvements, provided the improvement
is in accordance with all applicable laws, ordinances and regulations
during the entire period of exemption.
(c) Schedule. The schedule of taxes exempted shall apply to all property
satisfying the provisions and limitations hereinbefore and hereinafter
set forth and shall be in accordance with the following schedule:
for the first year for which improvements would otherwise be taxable,
100% of the eligible assessment shall be exempted; for the second
year, 100% of the eligible assessment shall be exempted; for the third
year, 100% shall be exempted; for the fourth year, 100% shall be exempted;
for the fifth year, 100% shall be exempted; after the fifth year,
the exemption shall terminate.
Eligible Tax Year
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Percentage of Tax Exemption on Eligible Assessment
|
---|
1
|
100%
|
2
|
100%
|
3
|
100%
|
4
|
100%
|
5
|
100%
|
6
|
0%
|
(d) Applicability.
(1)
The exemption hereinbefore authorized by this article shall
be upon the property exempted and shall not terminate upon the sale
or exchange of the property.
(2)
The cost of improvements to be exempted, and the schedule of
taxes exempted, existing at the time of the initial request for tax
exemption shall be applicable to that exemption request, and subsequent
amendment to this article, if any, shall not apply to a request initiated
prior to the adoption of such amendment.
(3)
The exemption shall be effective only as long as the dwelling
unit is built and maintained in conformity with all applicable laws
and regulations of and in the City.
(4)
If an eligible property is granted a tax exemption pursuant
to this article, the improvements shall not, during the exemption
period, be considered as a factor in assessing other properties.
[Ord. 6735, passed 10-22-1981]
(a) Any person desiring tax exemption pursuant to this article shall
notify the Code Enforcement Department in writing on a form provided
by the Department, at the time such person secures his building permit,
or if no building permit or other notification of improvement is required
in a particular instance, at the time of commencement of construction.
(b) A copy of the exemption request shall be forwarded by the Department
to the County Board of Assessment Appeals of Taxes. Thereafter, the
Board shall, after completion of the improvement, assess separately
the improvement and calculate the amounts of the assessment eligible
for tax exemption in accordance with the limits established by this
article, and notify both the taxpayer and the City of the reassessment
and the amounts eligible for the exemption may be taken by the taxpayer
or by the City as provided for by general law.
(c) There shall be placed on or attached to the form application for
building, zoning or other permits, the following:
NOTICE TO ALL TAXPAYERS
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Under the provisions of Ordinance No. 6735, you may be entitled
to a property tax exemption on your contemplated alteration or new
construction. An application for exemption may be secured from the
Department of Code Enforcement and must be filed with the City of
New Castle at the time a building permit is secured.
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(d) The form, hereinbefore prescribed, shall require the following verified
information:
(1)
The date the building permit was issued for such improvements,
if applicable;
(2)
The type and scope of improvement;
(3)
A summary of the plan of the improvement;
(4)
The estimated cost of the improvement;
(5)
The person or persons performing the work on the improvements;
(6)
The location of the property being improved;
(7)
Whether or not the property has been condemned by any governmental
body for noncompliance with any laws or ordinances, and if so, the
name of the governmental body and date of condemnation; and
(8)
Any or all such additional information as the County Assessment
Office, or the City Code Enforcement Department may require for the
application of the provisions of this article.
[Ord. 6735, passed 10-22-1981]
The provisions of this article are severable and if any of its
sections, clauses or sentences shall be held illegal, invalid or unconstitutional,
such provisions shall not affect or impair any of the remaining sections,
clauses or sentences. It is hereby declared to be the intent of Council
that this article would have been adopted if such illegal, invalid
or unconstitutional section, clause or sentence had not been included
therein.