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Legislation #: 100698 Introduction Date: 8/26/2010
Type: Ordinance Effective Date: 9/12/2010
Sponsor: None
Title: Amending Chapter 48, Code of Ordinances, by enacting a new Section 48-82, Waiver of special tax bills, which allows the City Manager to waive special tax bills for nuisance abatement actions when a public benefit will result.

Legislation History
DateMinutesDescription
8/23/2010 Filed by the Clerk's office
8/26/2010 Referred to Public Safety and Neighborhoods Committee
9/1/2010 Advance and Do Pass as a Committee Substitute, Debate
9/2/2010 Passed as Substituted

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100698.pdf Authenticated 93K Authenticated
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48-82 SA waivers.docx Other 13K Ordinance
abatementassesment[1].docx Fact Sheet 23K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 100698

 

Amending Chapter 48, Code of Ordinances, by enacting a new Section 48-82, Waiver of special tax bills, which allows the City Manager to waive special tax bills for nuisance abatement actions when a public benefit will result.

WHEREAS, the presence of special assessment liens on a property may be a deterrent to development of the property; and

WHEREAS, waiving all or a portion of these special tax liens in a manner similar to the process used to waive special assessments for demolition liens may be in the public interest; and

WHEREAS, the City can continue to pursue collection of the amounts owed using procedures for collections of personal debts; NOW, THEREFORE,

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 enacting a new Section 48-82, Waiver of special tax bills, to read as follows:

Sec. 48-82.  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)    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.

 

(6)    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:

 

 

___________________________________

Kathy K. Adams

Assistant City Attorney