A. 
All real property not exempt under the constitution or laws of the state or the ordinances of the municipality is subject to taxation. When any real property otherwise exempt from taxation pursuant to state or federal law or for any other reason is leased, loaned or otherwise made available to and used by a private person, such person's interest therein shall be taxed.
B. 
Certain mobile and manufactured homes, as provided by section 12.10.010A.2, shall be classified as real property.
(GAAB 10.05.020; AO 220-76, § 1, 11-16-1976; AO No. 2020-96, § 4, 9-1-2021[1])
[1]
Editor's note — This ordinance also provided that "This ordinance shall be effective, after passage and approval by the Assembly, on September 1, 2021 and shall be applicable to assessment and billing functions associated with tax year 2022. Any property tax accounts billed for tax year 2021 mailed on or after September 1, 2021 shall follow the 2021 tax year requirements which precede the effective date of this ordinance."
A. 
Applications for exemptions. The municipal assessor or designee shall grant or deny applications for exemptions.
B. 
Definitions. For purposes of this section 12.15.015 only, the following words are defined as:
"Agricultural accessory structure"
means any structure directly supporting agricultural production, including storage sheds, wash stations, compost bins, and tool lockers.
"Agricultural shelter (commercial public use)"
means a structure open to the public that supports commercial agricultural operations, including retail areas, display gardens, event spaces, or educational programming.
"Farm land" or "farm structure"
is defined as land or structures owned or leased by a person that is actively engaged in farming, growing, storage, or processing of grains, fruits, vegetables, and aquatic farm products.
"Farming activity"
means raising and harvesting crops; feeding, breeding, and managing livestock; dairying; propagating, farming, or cultivating an aquatic farm product as defined in AS 16.40.199; or any combination of those activities.
"Greenhouse (agricultural use)"
means a structure, either permanent or temporary, used for the cultivation of edible plants, herbs, or seedlings for personal, community, or commercial purposes.
"Organic farming practices"
means farming practices in accordance with USDA organic standards as articulated in 7 CFR Part 205.
"Permaculture"
means agriculture ecosystems that use patterns in nature to develop sustainable environments.
"Primary residence and permanent place of abode"
shall mean a dwelling in which the person resides at least 185 days in the year prior to the exemption year and when absent, the dwelling is not leased or rented to another.
"Resident"
shall mean a person who has a fixed habitation in the State of Alaska for at least 185 days per calendar year, and when absent, intends to return to the State of Alaska.
"Urban agriculture"
includes the cultivation, processing, and distribution of agricultural products (food or non-food) in urban and suburban areas.
C. 
Strict enforcement of deadlines to file an exemption application and annual certification.
1. 
Properties qualifying for an exemption under this section must be owned and in use on January 1 of the applicable tax year. There shall be no proration of taxes under this section.
2. 
A written application for real property exemption under this section, including required documentation, must be received by the assessor no later than March 15 of the tax year in which the exemption is requested.
3. 
If an exemption has been approved, and there is no change in ownership or use, the owner of record may qualify annually for the exemption in successive tax years by providing annual certification to the assessor that the exempt use of the property remains consistent with the use described in the approved application.
4. 
Annual certification shall be in the form prescribed by the assessor, and received by the assessor by no later than March 15 of the current tax year, or the exemption expires and a new application is required.
a. 
For a disabled veteran exemption, see section 12.15.015D.2, below.
b. 
Annual certification is not required for residential real property exemption if there is no change in ownership, residency or permanent place of abode.
c. 
For a nonprofit religious, charitable, cemetery, hospital or educational exemption, see section 12.15.015D.3 below.
d. 
For annual certification requirements of the charter school use exemption, see section 12.15.015E.4 below.
e. 
Annual certification is not required for the restoration or replacement of a building exemption in subsection E.5.
5. 
The deadline for filing an application for exemption, filing an annual certification, requesting an administrative review from the assessor, and filing an appeal to court, shall be strictly enforced and shall not be waived.
6. 
If the assessor determines a property is not eligible for an exemption, all taxes, penalty, and interest due for all tax years beginning the year the property should have been subject to taxation shall be due and owing.
7. 
No exemption shall be available under this section if the real property has been conveyed to the person or organization seeking the exemption for the primary purpose of obtaining the exemption.
D. 
State exemptions.
1. 
Senior exemption. The first $150,000.00 of assessed value of real property is exempt from taxation if it has been owned and occupied as the primary residence and permanent place of abode of an eligible applicant prior to January 1 of the exemption year. To qualify for exemption:
a. 
Upon initial application, the applicant must have been a resident of the State of Alaska for the entire year prior to the exemption year; and
b. 
In each subsequent year the property must be owned and occupied as the primary residence and permanent place of abode for at least 185 days prior to January 1 of the exemption year. The applicant must be:
i. 
A resident who has reached the age of 65 prior to January 1 of the year for which the exemption applies; or
ii. 
A resident who has reached the age of 60 prior to January 1 of the year for which the exemption applies and is also a widow or widower of a person who qualified to receive a senior tax exemption under this subsection in a previous assessment year.
c. 
Only one exemption under section D. may be granted for any residence in any assessment year.
i. 
If two or more persons are eligible for an exemption for the same residence, it is the responsibility of the parties to determine who is to receive the benefit of the exemption.
d. 
If the property is occupied by a person other than the eligible applicant and the applicant's spouse and minor children, this exemption applies only to the portion of the property occupied by the eligible applicant and the applicant's spouse and minor children as primary residence and permanent place of abode.
e. 
A qualified senior citizen need not file an application for successive tax years if there is no change in ownership, in residency or permanent place of abode, or other factor affecting qualification for the exemption.
i. 
The assessor may require written proof under this section at any time.
ii. 
It shall be the responsibility of every person who obtains an exemption under this section to notify the assessor of any change in ownership, property use, residency, permanent place of abode or other factor affecting qualification for the exemption.
f. 
The assessor may waive, up to and including May 15 of the current tax year, the claimant's failure to make timely application for exemption under this subsection for that year and accept the application as timely filed where a serious medical condition of the applicant, or a member of the applicant's immediate family, causes the applicant to miss the deadline.
i. 
For the purposes of waiver of claimant's failure to make timely application under this subsection, the chief financial officer is authorized to grant a waiver after denial by the assessor.
2. 
Disabled veteran exemption. The first $150,000.00 of assessed value of real property is exempt from taxation if it has been owned and occupied as the primary residence and permanent place of abode of an eligible applicant prior to January 1 of the exemption year. To qualify for exemption:
a. 
Upon initial application the applicant must have been a resident of the State of Alaska for the entire year prior to the exemption year; and
b. 
In each subsequent year the property must be owned and occupied as the primary residence and permanent place of abode for at least 185 days prior to January 1 of the exemption year; and
c. 
Prior to January 1 of the exemption year:
i. 
Separated from the Military Service of the United States under conditions which are not dishonorable and whose disability was incurred or aggravated in the line of duty in Military Service of the United States, and whose disability is rated as 50 percent or more by the branch of service in which that person served or by the U.S. Department of Veterans Affairs; or
ii. 
Served in the Alaska Territorial Guard, whose disability was incurred or aggravated in the line of duty while serving in the Alaska Territorial Guard, and whose disability is rated as 50 percent or more.
d. 
A widow or widower of a person qualified for a disabled veteran tax exemption in a previous assessment year shall be deemed eligible to apply if the widow or widower is a resident who timely meets the residency, ownership and occupancy requirements applicable to the exemption for a disabled veteran prior to January 1 of the year for which the exemption applies.
e. 
Only one exemption under section D. may be granted for any residence in any assessment year.
i. 
If two or more persons are eligible for an exemption for the same residence, it is the responsibility of the parties to determine who is to receive the benefit of the exemption.
f. 
If the property is occupied by a person other than the eligible applicant and their spouse and minor children, this exemption applies only to the portion of the property occupied by the eligible applicant and their spouse and minor children as primary residence and permanent place of abode.
g. 
After a disabled veteran exemption is granted, an application for successive tax years is not required if there is no change in ownership, in residency or permanent place of abode, status of disability, or other factor affecting qualification for the exemption.
i. 
A disabled veteran who has less than a permanent disability may submit an official disability percentage letter each year prior to March 15.
ii. 
The assessor may require written proof or an updated letter on the official disability percentage on a case-by-case basis under this section at any time.
iii. 
It shall be the responsibility of every person who obtains an exemption under this section to notify the assessor of any change in ownership, property use, residency, permanent place of abode, status of disability or other factor affecting qualification for the exemption.
iv. 
Failure to timely notify the assessor within 30 days of a change in the official disability percentage determination affecting qualification for the exemption is a violation of code and a violation of the public trust. Upon the assessor's determination that a disabled veteran who has less than a permanent disability did not timely report a change in the status of disability, the exemption shall be nullified and deemed denied retroactively for every year in which an annual official disability percentage letter was not submitted by the disabled veteran verifying eligibility for the exemption. This remedy is in addition to all penalty and enforcement provisions applicable under section 1.45.010.
h. 
If the final disability rating required for exemption under this subsection is not determined until after the period of timely filing for exemption has expired, the assessor may waive the claimant's failure to make timely application and accept the application as timely filed for a prior calendar year, only if the applicant files the application for exemption with the assessor within 30 days of applicant's receipt of the final disability rating.
i. 
For the purposes of waiver of claimant's failure to make timely application under this subsection, the chief financial officer is authorized to grant a waiver after denial by the assessor.
3. 
Nonprofit religious, charitable, cemetery, hospital or educational exemption.
a. 
Property used exclusively for nonprofit religious, charitable, cemetery, hospital or educational purposes is exempt from taxation under this chapter for the calendar year in which application is timely filed, if the assessor or designee determines the application demonstrates the property qualifies for exemption under Alaska Statutes.
b. 
The applicant organization shall provide the following information to the assessor or designee to support a determination of exempt status:
i. 
The articles of incorporation.
ii. 
Documentation to support the organization's not-for-profit status (e.g., 1RS § 501(c)(3) determination letter, or equivalent).
iii. 
Description of the use of the property and consistency with the requested exemption.
iv. 
Contracts of any type describing or memorializing use of the property by a person or entity other than the applicant organization.
v. 
Description of any remuneration received by the applicant organization including:
(A) 
Any property, or portion of property, from which rentals or income are derived.
(B) 
Actual operating expenses, excluding debt service or depreciation.
vi. 
Where property is leased by the organization to other entities, financial statements for the past tax year including income and expense reports, and description of any debt service or depreciation included in the financial statements for the property.
vii. 
For property used for an educational purpose, the detail of course curriculum and classroom space.
viii. 
For property used as a religious residence, the detail of the resident's ordination, commission or license (according to the standards of the religious organization), and proof of resident's employment by the religious organization as its minister.
c. 
The municipal assessor or designee may request additional information prior to its determination, as reasonably necessary to determine the exempt status of a property in accordance with municipal code and regulations and state law.
d. 
Annual certification and reporting requirements.
i. 
All change of ownership or use shall be reported to the assessor within 30 days of the change.
ii. 
Unless specifically requested in the discretion of the assessor for audit, cause, annual or routine review, annual certification is not required after an exemption has been approved under this subsection D.3 for property used exclusively for nonprofit religious, charitable, cemetery, or educational purposes, if there is no change in ownership or use.
iii. 
Hospital property approved for exemption requires annual certification.
E. 
Municipal exemptions.
1. 
Residential real property exemption. Forty percent of the assessed value of residential real property, up to a maximum of $75,000.00 of assessed value, shall be exempt from property taxation if:
a. 
Upon initial application, the eligible applicant must have been a resident of the State of Alaska for the entire year prior to the exemption year; and
b. 
The property has been owned and occupied as the primary residence and permanent place of abode of an eligible applicant for at least 185 days in the year prior to January 1 of the exemption year.
c. 
In each subsequent year, the property shall be owned and occupied as the primary residence and permanent place of abode of the eligible applicant for at least 185 days in the year prior to January 1 of the exemption year.
d. 
The residential real property exemption may be combined, in whole or in part, with an exemption provided in section 12.15.015D above.
e. 
An owner-occupied unit in a multi-family housing structure is eligible for the exemption as long as the structure is used as the eligible applicant's primary residence and permanent place of abode for at least 185 days in the year prior to January 1 of the exemption year.
f. 
Only the owner of record shall file the application for an exemption under this section.
g. 
An appeal of a decision by the assessor to deny a residential real property exemption is not subject to administrative review. An appeal from denial of a residential real property exemption shall be filed with the Superior Court, Third Judicial District, Alaska.
i. 
Only the owner of record may appeal an exemption denial under this subsection; and
ii. 
An appeal must be filed within 30 days of receipt of written notice from the assessor of such denial.
h. 
The deadline for filing an application for the residential real property exemption shall be strictly enforced and cannot be waived.
2. 
Community purpose exemption. In order to qualify for a community purpose exemption:
a. 
An applicant shall be duly organized for not-for-profit;
b. 
The organization's property is used exclusively for community purposes;
c. 
Any income derived from rental of property shall not exceed the actual cost to the owner of the use by the renter; and
d. 
Community purpose property is:
i. 
Property dedicated to use by the general public and provides a benefit to the community as a whole; or
ii. 
Vacant land owned by a single nonprofit organization exclusively for uses which qualify for exemption under AS 29.45.030.
(A) 
Vacant land qualifies for an exemption only if it is placed in use within two years from January 1 of the first tax year for which an application is filed.
(1) 
Any vacant land which initially qualifies for an exemption under this section, but which is not placed in use within two years from January 1 of the first tax year, for which an application is filed, shall be subject to taxation in each tax year, retroactive to the first tax year for which the exemption was granted.
(B) 
No single organization shall receive more than four (4) exempt parcels, and the exemption for any one (1) parcel shall not exceed the average assessed value of a single, similarly zoned property, as determined by the assessor on an annual basis.
(C) 
The assessed value of ail vacant land for which the taxpayer claims this exemption shall be aggregated with the assessed value of all other vacant land for which another claims this exemption and in which the taxpayer has any ownership or effective controlling interest of any kind, either direct or indirect, and regardless of whether such interest is legal, equitable, prospective, anticipatory, future, contingent or not in writing.
e. 
Actual costs are costs necessary for operating expenses, excluding only debt service or depreciation.
f. 
To determine the exempt status of property under this subsection, the applicant organization shall provide the following information to the assessor or designee:
i. 
The articles of incorporation.
ii. 
Documentation to support the organization's not-for-profit status (i.e., IRS § 501(c)(3) determination letter, or equivalent).
iii. 
Description of the use of the property and consistency with the requested exemption.
iv. 
Contracts of any type describing or memorializing use of the property by a person or entity other than the applicant organization.
v. 
Description of any remuneration received by the applicant organization including:
(A) 
Any property, or portion of property, from which rentals or income are derived.
(B) 
Actual operating expenses, excluding only debt service or depreciation.
vi. 
Financial statements for the past tax year including income and expense reports, and description of any debt service or depreciation included in the financial statements for the property.
vii. 
Under this subsection, there shall be no proration of taxes for exemptions. Properties qualifying for an exemption shall be in use under the exempt purpose as of January 1 of the year for which the exemption is granted.
viii. 
The municipal assessor or designee may request additional information prior to its determination, as reasonably necessary to determine the exempt status of a property in accordance with Municipal Code and regulations and state law.
3. 
Military service widow and widower exemption. The first $150,000.00 of assessed value of real property is exempt from taxation if it has been owned and occupied as the primary residence and permanent place of abode of an eligible widow or widower prior to January 1 of the exemption year.
a. 
The applicant must be the surviving spouse of a person whose death occurred prior to January 1 of the exemption year, during United States military service, under conditions which are not dishonorable;
b. 
Upon initial application the applicant must have been a resident of the State of Alaska for the entire year prior to the exemption year;
c. 
In each subsequent year the property must be owned and occupied as the primary residence and permanent place of abode for at least 185 days prior to January 1 of the exemption year; and
d. 
This exemption shall expire as of January 1 of the year following the date of subsequent marriage.
4. 
Charter school use exemption for schools under contract with the Anchorage School District. Privately owned real property used as a charter school established under AS 14.03.250 is exempt from taxation under this chapter for the calendar year in which application is timely filed by March 15 of the exemption year, if the assessor or designee determines qualifications for the exemption are met.
a. 
The application must demonstrate the charter school is established under AS 14.03.250 and each of these requirements is in place by January 1 of the exemption year:
i. 
The school is under contract with the Anchorage School District as a charter school;
ii. 
The privately owned real property is improved with building space under lease or rental agreement for charter school use as of January 1 of the exemption year;
iii. 
The lease or rental agreement, with any supplemental documentation, demonstrates the monetary benefit of the charter school tax exemption is fully realized by the charter school. By way of example, supporting supplemental documentation could include affidavit, addendum, or rebate documentation acknowledged by the charter school.
b. 
The charter school use exemption applies only to property in exclusive control and use by the charter school. The assessor or designee shall calculate the exemption based on the square footage rented or leased by the charter school.
c. 
A copy of the lease or rental agreement shall be filed with the application and the application submittals shall describe the premises with sufficient specificity to allow apportionment if the entire property is not designated for charter school use.
d. 
An exemption approved under this subsection E.4 for charter school use expires upon expiration of the lease or termination of rental agreement for charter school use.
e. 
It is the applicant's responsibility to notify the assessor of any change in ownership, charter school property use, or other factor affecting qualification for the charter school use exemption.
f. 
During the term of the lease or rental agreement on file with the approved application, an annual certification is not required if there is no change in ownership, qualified charter school use, or other factor affecting qualification of the privately owned real property for the charter school use exemption.
g. 
The assessor or designee may for audit, cause, annual or routine review require written proof at any time, or may require annual certification of qualification for the charter school use exemption.
5. 
Restoration or replacement of a building more than 15 years old. The assessed value of a real property is, subject to subsection E.5.d, exempt from taxation for the duration set out in subsection E.5.c, beginning in the year following approval by the assessor, or the assessor's designee, of an application demonstrating that the eligibility criteria set out in subsection E.5.a have been met. This exemption is only available when authorized by Alaska Statutes chapter 29.45.
a. 
Eligibility criteria. A property owner qualifying for the exemption set out in subsection E.5 shall:
i. 
Own real property at least partially comprised of an existing building at least 15-years old, with an assessed value that makes up a majority of the portion of the assessed value of the real property that is not attributable to land value,
ii. 
Have received all building and land use permits necessary to restore the building or to remove and replace the building with a new building,
iii. 
Use the valuation computations applicable in determining permit fees under section 23.10.104 to demonstrate the total cost to complete the project is at least 150 percent of the assessed value of the building being restored or replaced, and
iv. 
Submit a qualifying application to the assessor or the assessor's designee prior to beginning work to remove the existing building.
b. 
Exclusions. Restoration, replacement or construction of the following buildings does not create eligibility for this tax exemption:
i. 
Mobile homes,
ii. 
Temporary or seasonal use structures,
iii. 
Buildings within the Anchorage Building Safety Service Area exempt from obtaining a building permit,
iv. 
Buildings outside the Anchorage Building Safety Service Area exempt from obtaining a certificate of zoning compliance under AMC Section 21.03.060, and
v. 
Buildings of Group U use or occupancy, as defined by title 23.
c. 
Duration of exemption.
i. 
If the existing building to be restored or removed and replaced was built more than 45 years prior to the date of an approved application, the tax exemption granted by subsection E.5 shall be for three years.
ii. 
If the existing building to be restored or removed and replaced was built less than 45 years prior to the date of an approved application, but more than 30 years prior to the date of an approved application, the tax exemption granted by subsection E.5 shall be for two years.
iii. 
If the existing building to be restored or removed and replaced was built less than 30 years prior to the date of an approved application, but more than 15 years prior to the date of an approved application, the tax exemption granted by subsection E.5 shall be for one year.
d. 
Taxes due if restored or new building with an assessed value of at least 150 percent is not timely built. Taxes abated by operation of subsection E.5 shall become due and payable if,
i. 
By the sixth December 31 following application approval, a certificate of occupancy or conditional certificate of occupancy under section 23.10.107, or for projects outside the Anchorage Building Safety Service Area, a certificate of zoning compliance under section 21.03.060, has not been issued for a restored or new building on the real property, constructed in accordance with all applicable building and land use permits, and having a valuation determined in accordance with section 23.10.104 that is at least 150 percent of the assessed value of the building proposed for restoration or replacement in the approved application; or
ii. 
A building or land use permit submitted with the application expires or is revoked and no restoration or replacement permit is obtained and a copy submitted to the assessor or the assessor's designee within 360 days.
e. 
Application procedure. Applicants for the tax exemption authorized in subsection E.5 shall submit an application, on a form specified by the assessor or the assessor's designee, containing:
i. 
The legal description and parcel number designation of the real property for which the exemption is being sought,
ii. 
The assessed value and age of all buildings on the real property, and the estimated value of each separate building when there are multiple buildings,
iii. 
A copy of all building and land use permits obtained to restore or remove and replace an existing building on the real property,
iv. 
An agreement and acknowledgement that taxes exempted upon approval of the application will become due and payable if by the sixth December 31 following approval of the application, a certificate of occupancy or conditional certificate of occupancy under section 23.10.107, or for projects outside the Anchorage Building Safety Service Area, a certificate of zoning compliance under section 21.03.060, has not been issued for a restored or new building on the real property, constructed in accordance with all applicable building and land use permits, and having a valuation determined in accordance with section 23.10.104 that is at least 150 percent of the assessed value of the building proposed for restoration or replacement in the approved application, and
v. 
Such other information as the assessor may require.
6. 
Property tax exemption for certain subdivided property. The increase in assessed value directly attributable to the subdivision of a single parcel of property into three or more residentially zoned lots and any improvements made to the property necessitated by its subdivision shall be exempt from municipal property taxes, for a maximum of five years. This exemption is subject to the following conditions and restrictions:
a. 
Except where the assessor determines good cause exists to do otherwise, the assessed value exempted by operation of this subsection shall, for each lot or tract created by the subdivision, be calculated as follows:
Current assessed value of the lot or tract multiplied by a term equal to one minus a fraction whose numerator is:
The last assessed value of the original parcel before subdivision and whose denominator is the sum of the first assessed values of all tracts and lots created by the subdivision all as depicted below:
Current Assessed Value of Lot or Tract
*
(1 —
Last assessed value of original parcel before subdivision
)
Σ First assessed value of each lot and tract after subdivision
b. 
"Improvements made to the property necessitated by its subdivision" is limited to improvements required by title 21 of this Code.
c. 
The exemption shall only apply to property for which a subdivision plat was recorded after the adoption of this ordinance.
d. 
A signed application on a form approved by the Municipal Assessor must be submitted prior to March 15 of the year the exemption is requested. The applicant must provide all relevant information and documents requested by the Municipal Assessor's Office.
e. 
The exemption shall terminate for each lot when:
i. 
The lot's ownership is transferred;
ii. 
A residential or commercial structure has been completed on the lot, and a certificate of occupancy or a conditional certificate of occupancy has been issued; or
iii. 
Taxes have been exempted for the maximum five-year period.
7. 
Volunteer firefighters and providers of emergency medical services exemption. $10,000.00 of assessed value of residential real property owned and occupied by a person who is a volunteer firefighter, emergency medical technician, or paramedic shall be exempt from taxation. To qualify for this exemption the following conditions must be met:
a. 
Upon initial application prescribed by the assessor, the eligible applicant must have been a resident of the State of Alaska for the entire year prior to the exemption year;
b. 
In each subsequent year, the property must be owned and occupied as the primary residence and permanent place of abode for at least 185 days prior to January 1 of the exemption year; and
c. 
As of January 1 of the exemption year, the applicant must be certified as:
i. 
A current and active volunteer the Chugiak or Girdwood fire departments; and
ii. 
If providing volunteer firefighting services, be certified as a firefighter by the Alaska Department of Public Safety; or
iii. 
If providing volunteer emergency medical services, be certified or licensed under AS 18.08.082 as an EMT1 or higher.
d. 
The fire chief for each department shall be responsible for certifying that the volunteer has met the criteria established above.
e. 
If two or more individuals are eligible for an exemption for the same property, not more than two exemptions may be granted.
f. 
This exemption may be granted in conjunction with other exemptions.
8. 
Farm use land tax exemption. Privately owned farm structures as well as any real property used as farm land, for farming activity, or purposes directly related to farming activity is exempt from taxation under this chapter for the calendar year, if the assessor determines that the qualifications for the exemption are met.
a. 
The applicant must demonstrate each of these requirements is in place by January 1 of the exemption year:
i. 
The farm land or farm structure must be owned or leased by a person that is actively engaged in farming;
ii. 
The owner or lessee must sell at least $2,500.00 of agricultural products produced from the land during the tax year and file an Internal Revenue Service Schedule F (Form 1040) with the United States Internal Revenue Service; and
iii. 
The farm land or farm structure must be used for:
(A) 
The growing, storage, or processing of grains, fruits, vegetables aquatic farm products, or other crops;
(B) 
Sheltering, stabling, or milking the owner's or lessee's dairy animals, poultry, or livestock; or
(C) 
The storage or processing of:
(1) 
Feed for livestock;
(2) 
Livestock, poultry, or other animals used in the owner's or lessee's farming activity;
(3) 
Milk or milk products produced by the owner's or lessee's farming activity; or
b. 
In the event that an owner or lessee of farm use land does not sell $2,500.00 of agricultural products produced from the land during a tax year because of circumstances beyond the control of the owner or lessee, the owner may secure the exemption under this subsection if the farm use land qualified for the exemption on for the three preceding tax years. In this subsection, "circumstances beyond the control of the owner or lessee" includes crop failure or physical injury that prevents the owner or lessee from conducting farming activity.
F. 
Administrative review of denial of exemption.
1. 
If an application for exemption under this section 12.15.015 is denied, the assessor or designee shall state the reason for the denial in written notice to the owner of record.
2. 
A denial by the designee is subject to administrative review by the assessor if written request from the owner of record is received by the assessor no later than 30 days after the denial.
3. 
Only an owner of record may request administrative review of the denial of an exemption.
4. 
For purposes of computing time, the date of mailing the written notice shall be deemed the date of the denial and the government postmark date shall be deemed the date of receipt by the assessor of the request for administrative review.
G. 
Judicial appeal of denial of exemption.
1. 
Only the owner of record may appeal a decision by the assessor to deny an exemption under this section to the Superior Court, Third Judicial District, Alaska.
2. 
An appeal of the assessor's denial of an application for exemption under this section 12.15.015 must be filed with the Superior Court within 30 days of the assessor's denial.
3. 
For purposes of computing time, the date of mailing by the assessor, as shown by the U.S. Postal Service postmark, shall be deemed the date of the assessor's denial.
(AO No. 86-211(S-1); AO No. 88-158; AO No. 92-56; AO No. 94-228(S-2), § 1, 2-7-1995; AO No. 95-199, § 1, 1-1-1996; AO No. 97-146, § 1, 1-1-1998; AO No. 2003-149, § 1, 11-4-2003; AO No. 2008-18, § 1, 2-12-2008; AO No. 2009-133(S-1), § 2, 1-12-2010; AO No. 2011-16, § 2, 2-1-2011; AO No. 2011-37(S), § 1, 4-12-2011; AO No. 2011-108(S), § 1, 11-22-2011, retro eff. 1-1-2010; AO No. 2012-1, § 2, 4-3-2012; AO No. 2014-150(S), § 1, 2-3-2015; AO No. 2016-118(S), § 1, adopted 12-20-2016; AO No. 2017-154, § 2, 12-19-2017; AO No. 2019-102, § 1, 9-10-2019; AO No. 2020-96, § 4, 9-1-2021; AO No. 2022-75(S), § 2, 1-1-2023; AO No. 2024-38, § 1, 1-1-2025; AO No. 2025-62(S), § 1, 1-1-2026)
A. 
Purpose. The purpose of this section is to establish a process to provide for real property valuation reassessment following a disaster caused by a fire.
B. 
Definitions. The following words, when used in this section, shall have the meanings ascribed to them below:
"Disaster"
shall mean fire.
"Fire"
shall include natural as well as human-made events, except no relief shall be granted under this section for fire where the applicant, an employee, agent, or affiliate of the applicant, or a member of the applicant's household is at fault due to wanton misconduct or gross negligence.
"Real property"
shall mean improvements, impacted by the disaster, owned by the applicant.
"Reassessment"
shall mean true and full valuation conducted following disaster and application by the real property owner.
C. 
Criteria. In order to for an application for valuation reassessment to be eligible for consideration, the following criteria shall be met:
1. 
The property, improvements and/or additions thereto is on the municipal tax rolls in the year requested for valuation reassessment; and
2. 
The applicant is the owner of the property as shown on municipal tax records as of the date of the disaster; and
3. 
Neither the owner, nor an employee, agent, nor affiliate of the applicant, nor a member of the owner's household is at fault.
D. 
Application for valuation reassessment.
1. 
An application for valuation reassessment shall be submitted in writing on a form provided by the municipal assessor.
2. 
The application shall include:
a. 
The date of the disaster;
b. 
A description of the condition and value of the property immediately before and immediately after the disaster; and
c. 
A sworn statement from the applicant estimating loss, as the result of the disaster, to be 50 percent or more of the value of the improvements.
3. 
The application shall be submitted within 120 days of the date of the disaster.
a. 
Where an event impacts a single property owner, the application shall be processed in the normal course;
b. 
Where an event impacts multiple property owners, the applications shall be reviewed after the deadline for submission of applications.
i. 
The eligibility of each application shall be considered separately, on its own merits; and
ii. 
Eligibility determinations shall be reported annually by the assessor to the Assembly with an Assembly Informational Memorandum within 60 days of the end of each calendar year.
E. 
Determination of eligibility and assembly reporting.
1. 
Assessor's office. The municipal assessor's office shall verify:
a. 
Eligibility of the applicant under subsection C above;
b. 
Timeliness of the application under subsection D above.
c. 
In the event an applicant is determined to be eligible for relief under this section, the assessor's office complete the reassessment process in subsection F below.
d. 
In the event an applicant is determined by the assessor to be ineligible for relief under this section, the assessor's office shall notify the applicant in writing.
i. 
An applicant may challenge the eligibility determination by submitting a letter to the clerk's office within ten days of the assessor's written notification as described in detail below.
2. 
Assembly review of eligibility challenge.
a. 
The applicant's letter shall request assembly review of the eligibility determination, describing in detail the reasons the application meets the eligibility requirements.
b. 
The clerk's office shall prepare a resolution, attaching a copy of the assessor's eligibility determination and the applicant's letter. The applicant's request shall be promptly scheduled for assembly consideration.
c. 
Review by the assembly of an eligibility determination shall be limited solely to the criteria set forth in subsection C above.
d. 
In the event the applicant does not attend the assembly meeting scheduled to review the eligibility determination, or does not request a continuation of the meeting at least one working day prior to the meeting, the applicant shall be deemed ineligible for relief under this section.
e. 
In the event the assembly determines an applicant is eligible for the relief pursuant to this subsection, the application shall be referred back to the assessor's office for valuation reassessment.
3. 
The approval or denial of eligibility for tax relief under this section is a discretionary act of the assembly and shall not give rise to any claim against the municipality or its agents.
F. 
Valuation reassessment.
1. 
If the eligibility recommendation of the assessor's office is approved by the assembly, the assessor's office shall inspect the property to:
a. 
Verify the current year's full and true value prior to the disaster; and
b. 
Determine the full and true value subsequent to the disaster.
2. 
The applicant shall cooperate in the valuation reassessment determination by providing full access to property and records reasonably requested by the assessor's office.
3. 
If the applicant refuses or fails to provide records necessary to the determination, the applicant shall be precluded from relief or reduction under this section, and any valuation or issue affected by lack of records shall be decided in favor of the assessor.
G. 
Revised value determination.
1. 
The assessor shall calculate the sum of the full and true value of the improvements owned by the applicant before disaster and the sum of the full and true value of the improvements after disaster.
2. 
If the value of the improvements before disaster exceeds the value after disaster by at least 50 percent, the assessor shall determine the percentage reduction in value of improvements due to the disaster.
3. 
The amount of the reduction shall not exceed the actual loss.
4. 
The assessor shall reduce the value appearing on the assessment roll by the percentage computed under this subsection, and the real property tax due shall be adjusted as provided in this section.
5. 
Any reduction or refund shall only apply to the property damaged in the disaster. A reduction or refund shall not be eligible for transfer to another person or to a different property.
H. 
Notice and appeal.
1. 
The assessor shall send a written notice to the applicant indicating the amount of the proposed reassessment and the effective date. The notice shall state the applicant may appeal the proposed reassessment to the board of equalization within ten days of the date of mailing the notice.
2. 
Appeals of the reassessed value shall be heard by the board of equalization pursuant to section 12.15.050.
a. 
Notwithstanding section 12.05.055, hearing dates for valuation reassessment, as the result of an application under this section, shall be scheduled as needed.
3. 
A decision of the board regarding reassessment issued pursuant to this section shall create no presumption regarding the value of the affected property for tax years after the date of the disaster.
I. 
Tax roll adjustment and tax re-computation.
1. 
Any valuation reassessment to the full and true value determined under this section shall be forwarded to the treasurer.
2. 
The treasurer shall calculate and enter the reassessed tax values on the tax roll as a tax adjustment request.
3. 
All tax adjustments shall be approved by the chief fiscal officer.
4. 
Upon reassessment, the taxes shall be recomputed.
a. 
The tax benefit associated with the reassessed value shall be prorated based on the number of days remaining in the tax year. The recomputed tax for the year shall be due within 60 days of notice sent by the treasurer, or the regular due date for tax payment, whichever is later. If not paid within the 60 day period, the taxpayer's account shall become delinquent and penalty and interest shall be applied in accordance with section 12.15.060.
b. 
Any taxes paid in excess of the total tax due for the year shall be refunded to the taxpayer as an overpayment of tax, without interest, within 60 days of notice sent by the treasurer.
5. 
The reassessed value of the property, as determined pursuant to this section, shall be the taxable value of the property until December 31 of the year of the disaster, unless the value is otherwise adjusted as allowed by law.
(AO No. 2007-109(S-1), § 1, 1-1-2007; AO No. 2016-123, § 1, 10-18-2016; AO No. 2019-78, § 1, retro eff. 1-1-2019; AO No. 2020-96, § 4, 9-1-2021 [1])
[1]
Editor's note — This ordinance also provided that "This ordinance shall be effective, after passage and approval by the Assembly, on September 1, 2021 and shall be applicable to assessment and billing functions associated with tax year 2022. Any property tax accounts billed for tax year 2021 mailed on or after September 1, 2021 shall follow the 2021 tax year requirements which precede the effective date of this ordinance."
A. 
Full and true value to be used. The assessor shall assess real property at its full and true value as of the first day of the assessment year, except as provided by state law.
B. 
Proration of taxes. The assessor shall delete from the assessment roll the portion of the taxes otherwise due for the second half of the year which are attributable to improvements on real property, upon written application within the tax year and satisfactory evidence that the improvements were demolished or abated during the first half of the tax year pursuant to an agreement between the municipality and the taxpayer that the improvements constituted a public nuisance, or pursuant to a valid final determination by the assembly or an administrative body or court that the improvements constituted a public nuisance and should be demolished.
C. 
Private interest in public property. When any real property which would otherwise be exempt from taxation because of ownership or control by a federal, state or municipal government is leased, loaned or otherwise made available to and used by a private person, such person's interest therein shall be taxed in the same manner as taxes assessed to owners of real property, except that taxes assessed under this subsection shall be a lien only on the interest of such person in the property. Private leaseholds, contracts or other interest in land, or property owned or held by the United States, the state or other political subdivisions shall be taxable to the extent of the full and true value of any private interest.
(GAAB 10.05.020, 10.05.080; AO No. 2001-92, § 1, 5-22-2001)
A. 
Assessment notices for real property shall be sent to the owners, lessees or persons controlling such real property each year and shall contain the account number, the legal description of the real estate, the appraised value of the land, the appraised value of the improvements, if any, and the total valuation.
B. 
Assessment notices shall state that an appeal may be taken to the board of equalization only by filing written notice of appeal with the board in the form approved by the board, specifying the grounds for the appeal, within 30 days after notice of assessment is mailed.
(GAAB 10.05.060; AO No. 2019-23(S), § 1, 2-12-2019)
A. 
Installments. Any taxpayer may pay the property tax for the year in two installments of equal amounts except if the property tax installment amounts for the year total $20.00 or less.
1. 
Any installment shall become delinquent on the first business day following the tax installment due date.
2. 
Tax bills shall be mailed to owners of record, lessees or persons controlling real property at least 30 days prior to the date taxes owed become due.
B. 
Property subject to pending appeal. If a proper appeal had been filed with the board of equalization, and if the assessor's administrative review or the board has not decided the appeal on or before the date established as the due date for the first or second installment under the provisions of subsection A of this section, payment shall nevertheless be made on the basis of the amount billed, except where:
1. 
With respect to property zoned for residential use (as provided in sections 21.40.030 through 21.40.120) the assessed value has increased by $50,000.00 or more from the previous year; or
2. 
With respect to property zoned for commercial use (as provided in sections 21.40.130 through 21.40.250) the assessed value has increased by $250,000.00 or more from the previous year; and
3. 
Municipal assessment records do not reflect that new construction or remodeling has occurred on the property.
If the conditions set forth in subsection B.1 or B.2 and B.3 of this subsection are present, the property owner shall make a minimum payment for each installment based on the assessed value for the previous year and the mill rate for the current year. If, following resolution of an appeal, it is determined that additional tax is owed, the balance, including appropriate interest, shall be paid with the second half installment or, if the appeal has not been resolved by the due date of the second half installment, within ten days of notice of resolution of the appeal. Failure to make a timely minimum payment shall result in the application of both penalty and interest on the amount of the minimum payment due. Failure to make a timely payment for any balance due upon resolution of the appeal shall result in the application of both penalty and interest on the balance.
C. 
Delinquency.
1. 
If an installment is not paid in full before the due date, the unpaid balance of that installment becomes delinquent and penalty, interest and costs accrue as follows:
a. 
Penalty. A penalty of ten percent on the unpaid balance of a tax installment which was due shall be added to the delinquent tax.
b. 
Accrual of interest. In addition to the penalty set out in subsection C.1.a of this section, interest shall be charged on the unpaid balance of delinquent taxes. No interest shall be applied until the first day of the month following the due date of the original tax bill. When interest is to be applied, it shall be calculated on a monthly basis.
c. 
Interest rate. The interest rate shall be determined each year to be a rate equivalent to the prime rate as of April 15, plus two percentage points. If the prime rate is not published as of April 15 of any year, the interest rate shall be determined to be a rate equivalent to the prime rate as of the first business day following April 15 plus two percentage points. The interest rate, as determined pursuant to this subsection, shall be effective May 1 of each year and continue in force for one year. Notwithstanding the provisions of this subsection, the interest rate for any year shall not exceed the maximum allowed under AS 29.45.250.
d. 
Costs. In addition to the penalties and interest provided for this subsection, costs associated with collection of current or delinquent taxes, interest or penalties shall be charged.
2. 
Following each due date of taxes, seven calendar days shall elapse before any penalty is added to the tax. At the expiration of the seven-calendar-day grace period, the penalty will be added.
3. 
All interest charged on tax payments shall be applied only on the principal, not on penalties or costs, and shall run from the date when the installment was due to the time it is paid.
D. 
Tax under $20.00. No person shall be billed for payment of municipal property tax if that person's current annual property tax bill totals less than $20.00.
E. 
Application of payments. Any payment received shall be applied first to delinquent taxes in the order that the taxes became delinquent and in the following order for each delinquent tax:
1. 
Costs.
2. 
Penalty.
3. 
Interest.
4. 
Principal tax.
(GAAB 10.05.035, 10.05.070; AO No. 85-182, 1-1-1986; AO No. 86-107(S), 1-1-1986; AO No. 88-158; AO No. 98-165(S), § 1, 5-1-1999; AO No. 2020-96, § 4, 9-1-2021[1])
[1]
Editor's note — This ordinance also provided that "This ordinance shall be effective, after passage and approval by the Assembly, on September 1, 2021 and shall be applicable to assessment and billing functions associated with tax year 2022. Any property tax accounts billed for tax year 2021 mailed on or after September 1, 2021 shall follow the 2021 tax year requirements which precede the effective date of this ordinance."
A. 
Purpose. The purpose of this section is to authorize and establish a process to waive the late penalty if delinquency is due to catastrophic occurrence.
B. 
Definitions. The following words, when used in this section, shall have the meanings ascribed to them below:
"Immediate family"
shall mean any family member listed in AMC section 3.30.005.
"Mail carrier"
shall mean the U.S. postal service or a nationally recognized express mail carrier.
"Primary residence"
shall mean a dwelling that is owned and occupied as the taxpayer's primary residence and permanent place of abode for at least 185 days prior to January 1 of the current year. Residency determination shall be consistent with the State of Alaska's Permanent Fund Dividend standards under AS 43.23.005(a).
"Property tax due date"
shall mean the first or second real property tax installment payment due dates for the current tax year, whereby the first half due date shall, by default, occur on June 30 and the second half due date, by default, shall occur on August 31, unless otherwise modified by assembly resolution.
"Serious illness"
shall mean a medical emergency or significant medical condition that required hospitalization or other medical treatment causing the taxpayer to be incapacitated and not reasonably able to ensure timely and full payment of their property tax bill by the property tax due date or within the seven calendar day grace period.
"Taxpayer"
shall mean any person who is a legal owner of a residential parcel, which serves as their primary residence, or a person lawfully appointed to represent the taxpayer.
"Timely payment"
shall mean payment paid in full by the property tax due date and not subject to delinquent penalty, interest, and costs set out in AMC section 12.15.060C.
"Treasurer"
shall mean the Municipal Treasurer, or designee.
C. 
Criteria. For an application for waiver to be considered, a taxpayer acting in good faith, shall:
1. 
Have a five-year history of timely payment of property tax due on primary residence(s); and
2. 
Have been subject to one of the following documented catastrophic circumstances:
a. 
Death of taxpayer between real property tax billing date and property tax due date. Factors to consider shall include:
i. 
Date of death, evidenced by a death certificate.
b. 
Serious illness of taxpayer occurring within seven calendar days before or after the property tax due date. Factors to consider shall include:
i. 
Dates, duration, severity, and nature of serious illness; and
ii. 
Explanation of how the serious illness prevented compliance.
c. 
Death or serious illness of taxpayer's immediate family occurring within seven calendar days before or after the property tax due date. Factors to consider shall include:
i. 
Relationship of parties involved;
ii. 
Date of death or dates, duration, severity and nature of serious illness; and
iii. 
Explanation of how the event prevented compliance.
d. 
Destruction or unavailability of taxpayer records by a catastrophic event occurring within seven calendar days before or after the property tax due date. Factors to consider shall include:
i. 
Dates and description of the catastrophic event;
ii. 
Explanation of how the destruction or unavailability of records prevented compliance; and
iii. 
Explanation of all other means explored to secure needed tax information.
e. 
Delivery failure, loss or destruction by the mail carrier, or theft of mail associated with taxpayer's attempt to make full and timely payment of their real property taxes. Factors to consider shall include:
i. 
Dates and description of the delivery failure, loss, destruction or theft of mail;
ii. 
Formal written statement of acknowledgement or responsibility from mail carrier as to the circumstances stated by taxpayer; and
iii. 
Dates and description of timeframe during which taxpayer first became aware of an unusual delay in the processing of their tax payment which was explained by mail carrier error or mail theft.
3. 
Have not been approved for a waiver for any of the five preceding tax years.
D. 
Application for waiver.
1. 
An application for waiver shall be submitted in writing by the taxpayer on a form provided by the treasurer within 60 days of property tax due date.
2. 
The application shall consist of a form provided by the treasurer and shall include a signed affidavit and any supporting documentation necessary to explain and show how the taxpayer's circumstances prevented them from making timely payment.
E. 
Determination and appeal.
1. 
The treasurer shall send a written determination letter to the taxpayer indicating approval or denial within 30 days of receipt of the application.
2. 
The determination letter shall include information concerning the taxpayer's right to appeal the treasurer's decision to the chief fiscal officer.
3. 
An appeal shall be made in writing within 15 days of the date cited on the treasurer's determination letter.
4. 
The chief fiscal officer's decision shall be final and made within 30 days of the taxpayer's appeal filing date. The treasurer shall communicate to the taxpayer the final decision of the chief fiscal officer.
F. 
Payment due. A waiver is conditioned upon payment of the delinquent tax balance owed by the taxpayer within 30 days of the favorable determination date. If the taxpayer's application for waiver is approved, no additional interest shall accrue during this 30 day window. If taxpayer's property taxes are not paid within 30 days of the favorable determination date, the waiver is revoked and all penalties, interest, and fees are reapplied.
(AO No. 2017-106, § 1, 6-15-2017; AO No. 2020-96, § 4, 9-1-2021[1])
[1]
Editor's note — This ordinance also provided that "This ordinance shall be effective, after passage and approval by the Assembly, on September 1, 2021 and shall be applicable to assessment and billing functions associated with tax year 2022. Any property tax accounts billed for tax year 2021 mailed on or after September 1, 2021 shall follow the 2021 tax year requirements which precede the effective date of this ordinance."
A. 
Lien. Taxes levied on real property are a prior and paramount lien on the property upon which the taxes are levied. The lien includes any penalty or interest which may accrue from the delinquency date. The lien attaches on the first day of the tax year in which the taxes are levied.
B. 
Civil action. A civil action may be maintained in personam against owners of real property subject to taxation to collect delinquent taxes owing on this real property in accordance with AS 29.45.320.
C. 
Foreclosure proceedings. The chief fiscal officer shall initiate foreclosure to enforce delinquent real property tax obligations as provided by law. Subject to the assembly's approval, the mayor or chief fiscal officer may promulgate regulations for procedures to foreclose for real property taxes.
D. 
Redemption or repurchase of property. Properties transferred to the municipality by tax deed will be subject to redemption or repurchase by an owner as provided by AS 29.45.
(GAAB 10.05.090; AO No. 92-148; AO No. 93-127, § 1, 8-17-1993)
Upon deposit of taxes as required by section 21.15.120A.4.b, the municipality shall pay interest on such amount at a rate equal to the daily average percent of return on the municipality's investments in the first three months of the then-current year, for the period of time between payment of such taxes and the due date of the first half of the taxes. The interest payment shall be made available to the person making the deposit on or after the due date of the first half of the taxes.
(AO No. 80-81)