ORDINANCE NO. 120387
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 upon determination that a
public benefit will be gained, 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.
(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 upon determination that a
public benefit will be gained, 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.
(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:
_________________________________
Kathy
Adams
Assistant City
Attorney