ORDINANCE NO. 180082
Amending Chapter 48, Nuisance,
and Chapter 56, Property Maintenance, Code of Ordinances, by repealing Sections
48-83 and 56-547 and enacting in lieu thereof new sections of like number and
subject matter modifying the provisions for the waiver of special tax bills.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That
Chapter 48, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 48-83, Waiver of special tax bills, and enacting
in lieu thereof a new section of like number and subject matter modifying the
provisions for the waiver of special tax bills, to read as follows:
Sec. 48-83. Waiver of special
tax bills.
Notwithstanding
section 818 of the City Charter, a special assessment represented by a special
tax bill against the real property affected may be discharged and the resulting
lien on the real property may be abated.
(1)
The city manager, without approval by the council, is hereby authorized
to discharge all or any portion of the special tax bills that exceed a combined
amount of $500.00 up to a total of $5,000.00 (including the costs of tax
collection, accrued interest and attorneys' fees) issued by the city for the
costs of removing any nuisance pursuant to the nuisance code (chapter 48)
against the real property affected and cause the abatement of the resulting
liens on the real property. The city manager may discharge all or any portion
of the special tax bills for an amount exceeding $5,000.00, including the costs
of tax collection, accrued interest and attorneys' fees, only after the council
has authorized such action by ordinance.
(2)
The amount of the special tax bills, including the costs of tax collection,
accrued interest and attorneys' fees, shall be determined as of the date of the
application for discharge.
(3)
The discharge of all or any portion of the special tax bills and the
waiver of the resulting lien, pursuant to this section, shall be made only upon
a determination that a public benefit will be gained by doing so. The
determination of public benefit shall be made according to procedures and
standards established by the city manager.
(4)
Each request for the discharge of all or any portion of the special tax
bills against real property and the waiver of the resulting lien shall first be
reviewed by the lien waiver review committee, that has been appointed pursuant
to chapter 56, in accordance with the procedures and standards established by the
city manager and its written recommendation will be reported to the city
manager or the council.
(5)
The city manager, without approval by the council or the lien waiver
review committee, is authorized to discharge all or any portion of the special
tax bills against real property that is acquired by the Kansas City, Missouri
Homesteading Authority, the Land Clearance for Redevelopment Authority of
Kansas City, Missouri, or the Land Bank of Kansas City, Missouri.
(6)
Discharge by the council or the city manager of all or any portion of
the special tax bills will not constitute a discharge of all or any portion of
the personal debt.
(7)
The city manager is further authorized to promulgate rules and
regulations for the administration of this section which may include the
delegation of this authority.
Section 2. That
Chapter 56, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 56-547, Waiver of special tax bills, and enacting
in lieu thereof a new section of like number and subject matter modifying the
provisions for the waiver of special tax bills, to read as follows:
Sec. 56-547. Waiver of special
tax bills.
Pursuant to Section
67.410.1(5), RSMo., and notwithstanding Section 818 of the City Charter, a
special assessment represented by a special tax bill against the real property
affected may be discharged and the resulting lien on the real property may be
abated and the personal debt represented by a special tax bill may be
discharged.
(1)
The city manager, without approval by the council, is hereby authorized
to discharge all or any portion of the special tax bill against the real
property affected and cause the abatement of the resulting liens on the real
property affected, for an amount not to exceed $35,000.00, including the costs
of tax collection, accrued interest and attorneys' fees, if any, issued by the
city for the costs of demolishing, securing, repairing or cleaning up buildings
or structures declared a dangerous building and a nuisance pursuant to the
property maintenance code. The city manager may discharge all or any portion of
the special tax bill for an amount exceeding $35,000.00, including the costs of
tax collection, accrued interest and attorneys' fees, only after the council
has authorized such action by ordinance.
(2)
The amount of the special tax bill, including the costs of tax
collection, accrued interest and attorneys' fees, shall be determined as of the
date of the application for its discharge.
(3)
The discharge of all or any portion of the special tax bill and the
waiver of the resulting lien pursuant to this section shall be made only upon a
determination that a public benefit will be gained by doing so. The
determination of public benefit shall be made according to procedures and
standards established by the city manager and this section.
(4)
Each request for the discharge of all or any portion of a special tax
bill against real property and the waiver of the resulting lien shall first be
reviewed by a lien waiver review committee appointed by the city manager in
accordance with the procedures and standards established by the city manager
and its written recommendation will be reported to the city manager or the
council.
(5)
The city manager, without approval by the council or the lien waiver
review committee, is authorized to discharge all or any portion of the special
tax bills against real property that is acquired by the Kansas City, Missouri
Homesteading Authority, the Land Clearance for Redevelopment Authority of
Kansas City, Missouri, or the Land Bank of Kansas City,
Missouri.
(6)
Discharge by the council or the city manager of all or any portion of a
special tax bill will not constitute a discharge of all or any portion of the
personal debt.
(7)
The city manager is further authorized to promulgate rules and
regulations for the administration of this section which may include the
delegation of this authority.
______________________________________
Approved as to
form and legality:
__________________________________
Matthew Gigliotti
Associate City
Attorney