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FY1964-2 1964 Annual BudgetORDINANCE NO. 64 -2 ;lCl� ORDINANCE OF THE KODIAK ISLAND BOROUGH, KODIAK, ALASKA, PROVIDING FOR THE ASSESSMENT AND LEVY OF TAXES UPON REAL PROPERTY WITHIN THE BOROUGH'S CORPORATE LIMITS, TAX LIENS, LIABILITIES FOR TAXES, COLLECTION OF TAXES, FORECLOSURE OF TAX LIENS, TAX SALES AND REDEMPTIONS. BE IT ORDAINED BY THE BOROUGH ASSEMBLY OF THE KODIAK ISLAND BOROUGH AS FOLLOWS: STATE LAW ADOPTED KODIAK ISLAND BOROUGH The laws of the State of Alaska relating to the assessment and levy of taxes upon real property within the boundaries of first class cities, tax liens, liabilities for taxes, collection of taxes, foreclosure of tax liens, tax sales, redemption and all other laws of the State of Alaska relating to the levy and collection of taxes on real property or hereby expressly incorporated in this article as if set forth in full herein. — PROPERTY - SUBJECT TO - TAX - , , =OD - OF A SSESSIWEN Property subject to tax. All real property within the Borough not expressly exempted by State law, shall be subject to annual taxation at its just and fair value based upon the actual value of the property assessed. Definitions. Real property: Includes not only the land itself, whether laid out in lots or otherwise, but also all buildings, structures, improvements, fixture of whatsoever kind thereon, and all possessory rights and privileges belonging to or in anywise appvtaining thereto, and the word "tract" shall include all lands, piecs.ar parcels of land which may be separately assessed toge -lter with fixtures and improvements thereon. Method of Assessment All taxable property must be assessed at its just and fair value and all assessments shall be equal and uniform and based upon the actual value of the property assessed. The Borough Assessor shall annually assess and list on a tax roll, all real property in the name of the person shown as the last record owner. If no owner or claimant to the property can be discovered, the property shall be assessed to the unknown owner or owners. The assessor shall complete the listing for the annual assessment roll of all real property within the corporate limits of the Borough before July 1 of each year. The listing of all taxable property may be made upon permanent separate ledger cards, which will be the combined assessment roll and tax ledger. Real ,property shall bl assessed to the owner of record as shown on the Page One, ORDINANCE NO. 64 -2 1 records of the Kodiak District Recorder;irovided, however, that any other person having an interest in the property may be listed on the assessment records with the owner. The person in whose name anxproperty is listed as owner thereof, shall be conclusiv-'•r presumed to be the legal owner of record for tax purposes. If the owner of the land is unknown, such land may be assessed to the unknown owner or unknown owners. No assessment shall be invalidated by a mistake, ommission or error in the matter of owner of real property assessed, if the property is correctly described and it shall be the responsibility of the owners of the property to keep the assessor properly informed as to their current address and no assessment shall be invalidated if it be shown that a notice that taxes are due and payable has been sent to the last known address of the owner of record. The assessor may list real property located in any subdivision by lot and block or tract description, and unsubdivided property according to the land office, section and township survey description, or by giving the boundaries thereof, or by referenc to the book and page of the records of the Kodiak District Recorder where the description may be found, or by designation of tax lot number referring to a public record kept by the assessor of descriptions of real property, or in such other manner as to cause the description to be capable of being made certain. Initial Tetters, Abbreviation, fraeLions -an& exponents - - - - -- - - - - - 1 designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property. The assessor personally, or by any designated assistant, shall after identifying themselves, have the right to enter upon and inspect the premises of any person at reasonable times for the purpose of making an examination, evaluation or assessment of real property. He shall have access to and may examine all property records involved, and any person shall, upon request, furnish to the assessor or his assistant, every facility and assistance for the purpose of such examination, evaluation or assessment. Content of Assessment Roll: The assessor shall prepare an annual assessment roll in duplicate upon which he shall enter the following particulars: 1) The names and last known addresses of all persons with property liable to assessment and taxation. 2) A description of all taxable property. 3) The assessed value, quantity, or amount of said property, and 4) The arrears of taxes, if any, owing by any persons. Notice, publication, correction of assessment roll: A. The assessor shall give to every person named in the assessment roll, a notice of assessment showing the assessed value of his property. On the back of each assessment, notice shall be printed a brief Page Two, ORDINANCE NO. 64 -2 summary for the information for the tax payer, of the a ,dates when the taxes are payable, delinquent and dates when the Board subject to interest and penalty, other will sit for equalization purposes and any The specified by particulars sp the Borough Assembly. person to assessment notice iven, anddshallebetsufhecently shall be whom it is to be g First Class mail addressed given if it is mailed by c � mr to, or is deiivered at)hiss aaddresseasto the person known kiv Assessor, he notice may lace where the j at the Post Office nearest to the place h er notice des property is situated. The date on is mailed or delivered, shall bedeemed to be this date on which the notice is given Ordinance. When valuation that the assessment tee rolls e have e S been shall ca use a er of general completed to be published in a newspaper at least o circulation, published in the Borough, t n hat each week for two (2) successive weeks, a noi If notice no newspaper assessment rolls circulation c is published in the newspasper the notice posted e.t Borough, the assessor shall he . t o f two (2) weeks two (2) public places for a period ualization The notice shall state when and where the eq hearings s The assessor may correct an error, or supply an ommission in the assessment roll at any time before the sitting of the Board of equalization. Every person receiving a notice of assessment shall advise the assessor of any error or ommission in the assessment of his property. APPEAL BY PERSON ASSESSED ears on the assess -' A Per who may appeal to the Borough Assemblypas the Board of ment roll, may app alleged error in the valuation, equalization for relief from any or omission or neglect of the assessor not adjuste overcharge , to the tax payer's satisfaction. If rt app ears to the Board of Equalization that there are over - antra roll, up to or after the preparation of es or errors or invalidities in the assessment roll, or in any of the proceedings leading the roll, and there is no appeal before the Board, or if the name, erson is ordered by the Board to be entered on of a fthe assessment roll, by way of the p addition or substitution purpose of assessment, the Board shall require the to assessor his agent, giving mail notice of assessment to that person, him at least thirty (30) days from the date of mailing within which to appeal to the Board against the assessment. Time for A sal and Service of Notice: grounds A. Notice of appeal, in writing, specifying the g for appeal, be filed with the Board, within a , thh irty p (30) days after notice of assessment eal not is is s to the person appealing. If notice ofappof appeal given within thirty (30) days, the right Page Three, ORDINANCE NO. 64- C. ceases as to any matter within the jurisdiction of the Board, unless it is shown to the satisfaction of the Board, that the tax payer was unable to appeal within that time. B. A copy of the notice of appeal shall be sent to the assessor andlk filed shall inclzde a certificate that a copy was mailed or delivered to him. C. Upon receipt of a copy of the notice of appeal, the assessor shall make a record of the appeal in such form as the Borough Assembly may direct. The record shall contain the information shown on the assessment roll in . respect of the subject matter of the appeal, and the assessor shall place the record before the Board as the Board requires. D. The Board shall require the assessor to mail, a notice of the hearing of the appeal to the person by whom the notice of appeal is given, and to every other person, in respect of whom the appeal is taken, at their last known address. At the time of the hearing of the appeal, the Board shall hear the appellant, the assessor, other parties to the appeal and their witnesses and consider the testimony and evidence and shall determine the matters in question on the merits. F. If a party to whom notice was mailed as provided herein' fails to appear, the Board may proceed with the heating; in his absence. G. The burden of proof in all cases, is upon the party appealing. H. The Board shall from time to time, enter in the appeal record, its decisions upon appeals before it, and certify to them. I. A person agrieved by an order of the Board of Equaliza- tion may appeal to the Superior Court for review de novo after he has exhausted his administrative remedy. J. The Clerk of the Borough is ex- officio clerk of the Board of Equalization. The clerk shall record in the minutes of each meeting, all proceedings before the Board, the names of persons protesting assessments, ands all changes, revisions, corrections, and orders relatin to claims or adjustments. Within three (3) days following the final hearings of the Board, the Clerk shall certify to the assessor corrections, revisions and changes authorizes and approved by the Board. K. The assessor shall enter the changes made by the Board and certified to him by the Clerk, upon his records and no assessed valuations may thereafter be changed. Page Four, ORDINANCE NO. 64. -2 the assessor shall, at equalization hearing, the ass complete she 1n , L. t After the ix the Boroug The o ls te a the time h ex a d by certify the annual assessment roll. January 1, roll shall be based on values as immediately preceding. M. All taxes levied or collected shall be calculated, levied and collected up assessed tle values assessor in the assessment roll and certified byrth dal, c rights of app as correct, subject to the tax payer's and to the corrections and amendments made in the rolls. N. All duties imposed on the assessor with respect to annual assessment roll and all provisions of this Ordinance relating to assessment roll shall, so far as applicable, apply to supplementary assessment rolls. 0. An assessment roll as completed and certified by the assessor and a.s� corrected and amended by him in conformity e , this Ordinance and the decisions of the Board are, except as amended as a result of an appeal to the Court as provided herein, valid and binding on all persona, notwithstanding any defect, error, omission or invalidity in tie assessment row or proceedings pertaining to the assessment roll. When the final assessment recordivaretcompleted Borough the Assessor, , the assessor shall Assembly, a statement of the totalassTheeassemblylon i of all real property in the Boroug h shall then fix the rate of tax levy and designate the number of mills upon eachtdollar be valued or p assessed taxable real property Y Borough purposes the Borough government, including education, and assessment and ning, collection andshallalevy the tax accordingly;. planning and zoning, lees shall be The levies for school and mb tcthelagur gregate of them separately made and fixe ercent (3%) of the assessed value of the property not exceed three assessed. va Taxes levied by the cities within the shall the Borough and collected by the Borough as provided in full to the cities Alaska Statutes s lected, in Section 07.15.3 APPROPRIATION ORDINANCE h Assembly shall enact an appropriation ordinance appropriating funds for the expenses Borough and liabilities of the a _n following Borough each year which shall be substantially form: A ro riation Ordinance the following sums of money, or as much thereof That t Section 1: be authorized by law, as may be needed or deem: as may Page Five, ORDINANCE NO. 64 -2 n necessary to defray all expenses and liabilities of the Borough, be and the same is hereby appropriated for corporate purposes and objects of said Borough herein- after specified for the fiscal year commencing on t 1st day of July, 19 ending on the 30th day of June, 19_ A. From general corporate taxes and revenue 1) General Administration Department For salary of Borough President For salary of Borough Secretary For Office Equipment For Office expenses including postage and stationery For telephone service For expenses of general and special elections For premiums of official bonds and depository bonds For auditing Borough Books of Account For Workmen's compensation and Employers liability insurance For Publishing Legal Notices For Gas and Oil for vehicles Dues to Alaska Municipal League Page Six, ORDINANCE NO. 64 -2 Total 3) Assessment and collection of taxes Total $ appropriated for the foregoing expenses of the Depa ment of General Administration from the tax for general corporate purposes $ 2) Legal Department For retainer of Borough Attorney $ 2,400.00 For other legal services Total $ Appropriated for the foregoing expenses of the Legal Department from the tax for general corporate purposes. 4) Salary of Borough Assessor $ For travel and per diem of Assessor For miscellaneous supplies including ledger sheets For postage and mailing For publishing Notices $ Appropriated nom the tax for General Corporate purposes for the foregoing expenses of assessment and levy of taxes. 5) Education teachers principles superintendent maintenance and personnel For salary of For salary of For salary of For salary of janatorial For lights For garbage disposal For telephone For insurance For maintenance and reapirs For payment of interest and principal due currently on School Bond Issue of For the purchase of books and periodicals For heating 6) For Planning and Zoning Legal Publications Miscellaneous expenses Total Appropriated for the foregoing expenses of Education from the tax for Educational pruposes throughout the Borough $ Total $ Appropriated for the foregoing expenses of Planning and Zoning from the tax for General Corporate purposes $ Summary Appropriated from sources other than taxation Appropriated from the tax for general Corporate purposes $ Appropriated from special taxes Total $ Thereafter the Borough shall enact and ordinance known as a tax levy ordinance substantially in the following form: $ Tax Levy Ordinance Section 1. A tax for the following sums of money, or as much thereof as may be authorized by law, to defray all expenses and liabilities of the Bonnugh be and the same is hereby levied for the purposes as specified against all taxable property in the Borough for the fiscal year commencing on the lstday of July, 19_ Page Seven, ORDINANCE NO. 64 -2 and ending on the 30th day of June, 19 A. From general corporate taxes and revenue 1) General Administration Department For salary of Borough President $ For salary of Borough Secretary For Office Equipment For Officd expenses including postage and stationery For telephone service For expenses of general and special elections For premiums of offical bonds and depository bonds For auditing Borough Books of Account For Workmen's compensation and Employers liability insurance For Publishing Legal Notices For Gas and Oil for vehicles Dues to Alaska Aunicipa1 League_ Appropriated for the foregoing expenses of the Department of General Administration from the tax for general corporate purposes $ 2) Legal Department For retainer of Borough Attorney $ 2,400.00 For other legal services A Total $ Appropriated for the foregoing expenses of the Legal Department from the tax for general corporate purposes $ 3) Assessment and collection of taxes 4) Salary of Borough Assessor For travel and per diem of Assessor For miscellaneous supplies including ledger sheets For postage and mailing For publishing Notices Total $ 2 Total $ Appropriated from the tax for general corporate purposes for the foregoing expenses of assessment and levy of taxes. $ Page Eight, ORDINANCE NO. 64 -2 5) Education For salary of teachers For salary of principals For salary of superintendant For salary of maintenance and janatorial personnel For lights For garbage disposal For telephone For insurance For maintenance and repairs For payment of interest and principal due currently on School Bond Issue For the purchase of books and periodicals Total $ Appropriated for the foregoing expenses of Education from the tax for Educational purposes throughout the Borough $ 6) Planning and Zoning Legal publications Miscellaneous expenses $ Total $ Appropriated for the foregoing expenses of Planning and Zoning from the tax for General Corporate purposes $ Summary Appropriated from sources other than taxation $ Appropriated from the tax for general Corporate purposes $ Appropriated from special taxes $ Section 2: This ordinance shall be in full force and effect from and after its passage and approval as required by law. Passed and approved this _ day of , 19 When the Borough Assembly has levied the tax, the assessor shall prepare and mail tax statements to the persons listed as the owners on the tax rolls. Page Nine, ORDINANCE NO. 64 -2 Total $ Borough Chairman RATE$ PENALTY AND INTEREST Yy If the tax payer is required to pay the entire tax on due date set by the Borough Assembly, a penalty not to exceed ten percent (10 %) may be added to all delinquent' taxes, and interest at the rate of eight percent ($ %) aii year shall accrue upon all unpaid taxes, not including penalty, from the due date until paid in full. If the tax payer is given the right to pay the tax in two (2) installments and the first half is not paid when due, the entire tax becomes delinquent and penalty and interest accrue as follows. 1) If the first half is paid when due, the second half is payable on the due date fixed by the Borough Assembly for the second half and if not paid is delinquent after that date. 2) A penalty not to exceed eight percent ($ %) shall be added to all taxes delinquent until the due date fixed for payment of the second half, and interest at the rate of eight percent ($ %) a year shall be charged on the whole of the unpaid t- axcc,� not including penalty, from the due date until paid in full. 3) After the due date for the payment of the second half, a total penalty of not more than ten percent (10 %) may be added to all the delinquent taxes, and interest at the rate of eight percent ($ %) shall accrue upon all unpaid taxes, not including penalty from due date until paid in full. ENFORCEMENT OF TAX LIENS ON REAL PROPERTY Action for collection of tax A If the tax on real property is not paid when due, the Borough Assembly may enforce a lien of the tax by the sale of the property assessed after foreclosure in the special proceedings provided for by Alaska Statutes, by order of the Superior Court of the District where th4 property assessed is located. B. If the tax on a lease hold interest in tax exempt property is not paid when due, the Borough may enforce the tax by a personal action against the delinquent tax payer brought in the Magistrate or Superior Court, in addition to other remedies available to enforce the lien. Preparation of the foreclosure list When the Borough Assembly elects to proceed under the Alaska Statutes to enforce the lien of taxes against real property, the assessor shall within such time as the Borough Assembly directs make up a roll in duplicate of all real property subject to ear: forclosure. The rolls shall show the name of each person app on the latest tax roll as the owner of tax delinquent property, a description of each property as it appears on the latest ta: roll, the year or years for which the taxes are delinquent , Page Ten, ORDINANCE NO. 64 -2 amount of delinquent taxes for each year and penalty and interest thereon. accruing the day six (6) months after the day of delin- quency of taxes of the latest year. The Clerk of the Borough shall endorse on the roll, a certificate under his hand and the corporate seal, that it is a true and correct roll of the delinquent taxes of the Borough for the years shown. The roll shall be known as the foreclosure list of the Borough for the year in which it is made up, and the original of it shall be filed with the Clerk of the Borough and remain open to inspection by the public. Publication of the Foreclosure List After the completion of the foreclosure list, the assessor shall, under the direction of the Borough Assembly, have published in the official newspaper of the corporation, or in a newspaper of general circulation in the Bornugh, designated by the Borough Assembly, a notice under the hand of the Clerk of the Borough setting forth that the foreclosure list of real property for the year, naming it, is complete and open for public inspection at the office of the Borough, and that on a day certain not less than thirty (30) days after the publication, or posting, where posting is authorized of the notice, the fordclosure list will be, presented to the Superior Court for judgment and - order of same. Notice of Foreclosure Proceeding A. On the day designated in the notice provided herein, a certified copy of the foreclosure list, together with a petition for judgment, shall be presented to the Superior Court. Notice of the foreclosure proceedings shall be given by four (4.) weekly publications of the foreclosure list in a newspaper of general circulation in the Borough designated by the Borough Assembly. The first publication shall be made on the day of the filing of the list and petition. The price charged by the newspaper shall be at the rate provided by law. The publication of the foreclosure list is sufficient service on each person interested in a property, and it is not necessary to mail notice kto the owner or other person interested in the property. B. In the event there is no newspaper being published in the Borough, the Borough Assembly may, instead of publication in the newspaper, post the notice and foreclosure list at the front door of the Post Office and three (3) other conspicuous public places within the Borough. The posting of the foreclosure list is sufficient service on each person interested in a property. However, if the notice is posted, the Borougi Clerk shall within ten (10) days after the posting mailed to each person to whom a tract is assessed, at his last known address, a notice describing the proper- ty and the amount due as stated on the foreclosure list. C. All persons owning or claiming interest in property included in the foreclosure list are charged with notice of the proceedings and of all steps thereunder. Page Eleven, ORDINANCE N0. 64 -2 Clearing delinquencies before Sale A. If the tax collector receives delinquent tax payment at least one (1) week before the filing of the fore- closure list and petition, the tax collector shall remove the property from both the list and the petition. B. During the publication or posting of the foreclosure list and up to the time of sale, a person may pay the taxes together with the penalty in interest, and proportionate share of the costs of publication and foreclosure. The Borough Clerk shall make a notation of the payment on both the original delinquent tax roll and foreclosure list. Notice of Foreclosure List to Lien Holder A. A holder of a mortgage or other recorded lien on real property may file with the Borough Clerk, a request that notice of a foreclosure list which includes the real property in which he has a lien, be given to him. The request shall contain the name and address of the person filing it, the description of -the property and the name of the owner, and the date of expiration of the lien. Notice need not be given after expiration of the lien, unless a further request for notice is filed.' If the lien holder furnishes a duplicate of his request' for notice, the Clerk shall certify on it to the filing and return it to the person making the request. B. Whenever property described in the request for notic- is included in a foreclosure list, the Clerk shall written notice by registered mail to the lien holder. At the time of mailing the notice, the Clerk shall note' that fact in ink in the latest tax roll opposite the description of the property. The notation in the tax I roll is prima facie evidence that the notice was mailed. Where the same lien holder has filed requests for notices on two (2) or more properties, included in a foreclosure list, one (1) notice may be mailed covering, all the properties. Page Twelve, ORDINANCE NO. 64 -2 Apportionment of Costs The costs of publication of the foreclosure list and of the tax foreclosure proceedings shall be taxed by the Clerk of the Court and paid by the municipal corporation. However, the Clerk of the Court shall apportion these cots to the tracts ordered sold, so that each tract bears its proportionate share. These costs are a charge against the tract to which apportion. Foreclosure Proceedings, General The Borough shall bring one (1) general proceeding to foreclose the tax liens against each of the properties included in the foreclosure list. The person whose name appears in the latest tax roll as the owner of a property described shall be considerec the owner of the property. t 'l r1 { 7 1 ;' On the day of the first publication, a certified copy of the foreclosure list shall be presented to the Superior Court, together with a petition praying for a judgment and decree fore- closing the tax liens. The foreclosure proceddings for the enforcement of tax liens on real property shall comply with the provisions of Alaska laws presently in force or as amended. All real properties sold to the Borough under the provisions of the Alaska Statutes shall be held by the Borough for one (1) year from the date of judgment and decree of foreclosure, unless soone redeemed. During the one -year period, a person having an interes in the property at the date of the judgment and decree of fore- closure, or any heir or devisee of such person or a person holdin a lien of record on the property, or an independent school distri t or public utility district having a lien on the property may redeem the property by paying the amount applicable under the judgment and decree with interest as provided by law, and the costs charged against the property. Property redeemed is subject to assessment for taxation during the period of redemption as though it had continued in private ownership. A person holding a mortgage or other lien of record, covering a part only of a parcel of real property included in the judgment and decree of foreclosure, may redeem that part by paying the proportionate amount applicable under the judgment and decree. Effect of Redemption and Procedure The receipt of the redemption money by the Clerk operates to release all claims of the Borough under the :judgment of foreclosu e to the property redeemed. The Clerk, on receipt of the redemptio money, shall immediately make the proper increase in the records of his office showing that the property has been redeemed from the sale to the Borough and he shall deliver to the person redeem ing the property, a certificate of redemption. The certificate shall contain a description of the property redeemed, the total amount paid, and the date of entry of the judgment and decree of foreclosure and sale. The certificate shall be signed by the Clerk and shall be filed by the redemptioner with the Recorder, who, on payment of the Recording fee, shall enter the certificate in the proper records of his office. The Clerk of the Court shal then file the certificate of redemption as part of the judgment roll in the foreclosure proceedings. Page Thirteen, ORDINANCE NO. 64 -2 Notice of Expiration of Redemption Not more than forty -five (45) days nor less than thirty (30) days before the expiration of the period of redemption, the Clerk shal publish a general notice of the expiration of the period of redemption. The notice shall contain the date of the judgment an decree, the date of expiration of the period of redemption, and a warning to the effect that all the properties order sold under the judgment and decree, unless redeemed, will be deeded to the Borough immediately on the expiration of the period of redemption and that every right or interest of any person in the property will be kforfeited forever to the Borough. The notice shall be j published in two (2) weekly issues of a designated newspaper of genes& circulation in the Borough within the period of fifteen (15) days specified in this section. The published notice may a general notice and it is not necessary to include descripti of the several properties or the names of the respective owners. If no newspaper is published in the Borough, the notice shall be posted in three (3) public places in the Borough for a period of two (2) weeks. Deed to Borough Upon filing proof of publication of notice of expiration of redemption, the properties not redeemed within the one (1) year period shall be deeded to the Borough by the Clerk of the Court. All rights of redemption terminate on the execution of the deed tot the Borough. No return or confirmation of the sale or of the deed. to the Borough is necessary. Publication of this Ordinance shall be made by posting a copy hereof on the Borough Assembly Bulletin Board, for a period of ten (10) days following its passage and approval. First Reading and Approval Date: February , 1964 Second Reading and Approval Date: March 1964. Passed by the Kodiak Island Borough Assembly of Kodiak Island, Alaska on the day of -A-pv-i1, 1964 Published March _, 1964. Page Fourteen, ORDINANCE NO. 64 -2 ' Charles A. Powell Chairman Eldon Lester Presiding Officer