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Legislation #: 120876 Introduction Date: 10/4/2012
Type: Ordinance Effective Date: 10/28/2012
Sponsor: None
Title: Amending Chapter 56, Code of Ordinances, by repealing Section 56-541 and enacting in lieu thereof a new section of like number and subject matter to require a 10% down payment for any installment payment plan on special assessments.

Legislation History
DateMinutesDescription
10/4/2012 Filed by the Clerk's office
10/4/2012 Referred to Neighborhoods & Healthy Communities Committee
10/10/2012 Do Pass
10/11/2012 Assigned to Third Read Calendar
10/18/2012 Passed

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ORDINANCE NO. 120876

 

Amending Chapter 56, Code of Ordinances, by repealing Section 56-541 and enacting in lieu thereof a new section of like number and subject matter to require a 10% down payment for any installment payment plan on special assessments.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 56, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 56-541, Recovery of costs, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 56-541. Recovery of costs.

 

(a) The costs incurred by the city in administering the provisions of this article and costs incurred in vacating, closing and securing, repairing or demolishing a dangerous building, shall be certified by the director of neighborhood and community services to the director of finance as a special assessment represented by a special tax bill against the real property affected.

 

(b) No special tax bill shall be issued if the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the city and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in RSMo 429.010 to 429.360.

 

(c) No special tax bill shall be issued when federal funds are being used which are subject to a prohibition of recovery by a special assessment process. The proof of such exception shall be the burden of any person asserting it.

 

(d) The special tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid. The tax bill shall be payable within sixty (60) days after the date of issuance without interest, and thereafter with interest from the date of its issue until paid at either the minimum rate of nine (9) percent per annum or the rate payable on ten-year United States treasury notes as established at the last auction before the particular assessment is certified to the director of finance plus two (2) percent, whichever is greater. The city may initiate actions to collect against the owner if payment in full is not received within sixty (60) days. The lien may be enforced by any method appropriate for the enforcement of special assessments generally.

 

(e) The special tax bill may be paid in installments over a period of not more than ten (10) years if 10% of the total amount owed to the city is paid within sixty days of the special tax bill. Failure of the property owner to submit 10% of the total amount owed within 60 days after the date of issuance of the special tax bill shall prevent the owner from entering into an installment plan. When payments are current, the interest rate for installments on tax bills shall be either the minimum rate of nine (9) percent per annum or the rate payable on ten-year United States treasury notes as established at the last auction before the particular assessment is certified to the director of finance plus two (2) percent, whichever is greater. When payments are not current, the interest rate shall be two (2) percent higher. Should any such installment become delinquent, the whole unpaid amount shall become due.

 

__________________________________________

 

Approved as to form and legality:

 

 

________________________________

Kathy Adams

Assistant City Attorney