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1978-21 Relating to Assessment Procedure and Creating a Citizen Board of EqualizationAN ORDINANCE RELATING TO ASSESSMENT PROCEDURE AND CREATING A CITIZEN BOARD OF EQUALIZATION. BE IT ORDAINED by the Assembly of the Kodiak Island Borough as follows: Section 1. Section 3.20.050 of the Kodiak Island Borough Code Ordinances is repealed and re- enacted as follows: 3.2 0.050 Board of Equalization. A . 2. Alternate members. The Assembly shall appoint alter- nate board members. The alternate members shall be named by the board's presiding officer, as the need arises, to serve as board members during the absence or disability of regular members. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. B. c. KODIAK ISLAND BOROUGH ORDINANCE 78 -21 -0 Membership, qualification, duties, term. 1. Members. The Board of Equalization shall be composed of five persons, not Assembly persons, appointed by the Assembly. 4. Duties. The board may determine equalizations on properties brought before the board by appellants. 5. Terms of office. „Upon confirmation, members and alternate members shall serve for three years or until their successors are appointed and confirmed. Of the members initially appointed, two shall serve three year.. terms, two shall serve two year terms and one shall serve a one year term. Chairman. The board annually shall elect a member to serve as it's chairman. The chairman may call meetings of the board and shall exercise such control over meetings as to ensure the fair and orderly resolution of appeals. He shall make rulings on the admissibility of evidence and shall conduct the proceedings of the board in con- formity with this chapter. Appeals to the board. 1. A person whose name appears on the assessment roll or his agent or assigns may appeal to the Board of Equalization for relief for an alleged error in valuation not adjusted by the assessor to the tax- payer's satisfaction. 2. 3. No appeal may be taken unless the applicant files with the board written notice of appeal specifying grounds for such appeal within 30 days from the date the assessment notice was mailed. The board shall pre- scribe the form in which written notices of appeal shall be made. The assessor shall notify the appellant of the time and place for the hearing and assign a docket number of appeal. E NUM. 278 If a party to whom notice was mailed as provided here- in fails to appear, the board may proceed with the hearing in his absence. Quorum and voting. 1. Quorum. A quorum shall consist of four members. Voting. The granting of any appeal or part thereof shall require the concurring vote of at least three board members. Any appeal or part thereof which is not granted by the board shall be considered denied. Hearings, procedures. Hearings shall be conducted informally by the board subject to the following limitations: 1. Record. 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 be- fore the board, the names of persons protesting assessments, and all changes, revisions, corrections, and orders relating to claims or adjustments. 2. 'Counsel. All parties may be represented by counsel during hearings before the board. THe municipal attorney may offer legal counsel to the board in the course of it's proceedings. 3. Appeal number. Every appeal shall be assigned a doc- ket number which, along with the name of the appeal - lant, shall be read into the record before the hearing on the appeal may commence. 4. Burden of proof. The burden of proof rests with the appellant who must convince the board by clear and convincing evidence that the assessment was unequal, excessive or improper. The municipality shall make available to the appellant reasonably pertinent docu- ments requested for presentation of the appeal. 5. Rules of evidence. The board shall not be restricted by the formal rules of evidence; however, the chair- man may exclude evidence irrevelant to the issues appealed. Hearsay evidence may be considered pro- vided there are adequate guarantees of its trust- worthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts. 6. Order of presentation. The appellant shall present his argument first and may be questioned or examined by the board or the assessor. Following the appel- lant, the assessor shall present the municipality's argument and must submit to examination and questions by the appellant. The appellant may, at the discretion of the chairman, make rebuttal presentations directed solely to the issues raised by the assessor. The municipal attorney may question the appellant or the assessor on matters relating to the appeal. 7. Witnesses and exhibits. The appellant and the munici- pality may offer the oral testimony of witnesses during the hearing, provided, however, where either the appellant or the assessor seeks to introduce an affidavit in lieu of oral testimony, such affidavit shall be submitted to the opposing side no later than 72 hours before the hearing. All testimony before the board shall be under oath. Documentary evidence and exhibits may be presented by both parties during the hearing. t ENuM' 4 2110 Decisions. At the conclusion of the hearing the board B. shall determine whether the assessment is proper. The only grounds for adjustment are proof of unequal, excessive or improper valuation based on facts stated in the written appeal or proved at the hearing. The board shall issue findings of fact and conclusions of law clearly stating the grounds upon which the board relied in reaching it's decision. 9. Certification. The board shall certify its actions to the assessor within seven days following its adjournment. Further appeals. Any appeal from a decision of the board shall be made to the superior court. No appeal from the board to the superior court may be taken unless the action is filed and the municipal attorney is served with notice of such appeal within 30 days following the board's deci- sion. G. Section 3.20.060 is repealed and re- enacted as Section 2. ows: 3 ,20.060 Final and Supplemental Assessment Rolls. After the equalization hearing, the assessor shall, at the time fixed by the borough assembly, complete and certify the annual .assessment roll. The assessment roll shall be based on values as of January 1st, immediately preceding. All taxes levied or collected shall be calculated, levied and collected upon the assessed values entered in the assessment roll and certified by the assessor as correct, subject to the taxpayer's rights of appeal, and to the corrections and amendments made in the rolls. C. All duties imposed on the assessor with respect to the annual assessment roll and all provisions of this chapter relating to the assessment roll shall, as far as applicable, apply to supplementary rolls. An assessment roll as completed and certified by the assessor and as corrected and amended by him in conformity of this chapter and the decisions of the board is, except as amended as a result of an appeal to the court as pro- vided herein, valid and binding on all persons, notwith- standing any defect, error, omission or invalidity in the assessment roll or proceedings pertaining to the assess- ment roll. When the final assessment records are completed by the assessor, the assessor shall deliver to the borough assembly, a statement of the total assessed valuation then all real property in the borough. The assembly ti fix the rate of tax levy and designate the number of mills upon each dollar of value of assessed taxable real property that shall be levied for borough purposes in- cluding the borough government, assessment and collection of taxes, education, and planning and zoning, and shall levy the tax accordingly. The levies for school and muni- cipal purposes shall be separately made and fixed, but the them shall not de percent of the SM�n 3. A new section 3.20.061 is enacted as follows: A. B. D. E " Correction of Errors. Correction of error in billing of penalty and interest. When it is shown to the chief fiscal officer that a tax- payer has been billed erroneously for tax penalty or interest because of administrative error by the municipality the fiscal officer may adjust the tax bill' accord- i 8• correction of errors in assessment. When the assessor that an error or omission has been made the a real eu on or pro ert assessment or billing, or pe P p Y proper documentation showing assessor, up personal P receipt of p P or omission, assess, bill or rebill for such prope ax Taxable property which has been omitted from roperty• for any year may thereafter be assessed and assed f or t that year at any future time. tax but not Limited td rights to rights by this to app eal including payments, ted o rits a corrected shall be reserved to the person receiving assessment or bill as of the time the new assessment or b illing is made. 4. A new section 3.20.062 is enacted as follows: toe Addresses -Res onsibilit of Persons Sub'ect to 3.20.052 Tax�on. of every erson who owns or It shall real the re to tax by the mulicils real or personal property 1�icipality to file with the office of the assesor the address regarding he will a x ation. No p receive oop erson shall be excused from paying e :a x org e :axees s or Penalties thereon the receive tax notice, bill, or any billings, or other proper mailing of assessment notice, : orresponsde nce. ATTEST: BOROUGH LERK KODIAK ISLAND BOROUGH First Reading October 5, 1978 Second Reading November 2, 1978 E ffective Date November 2, 1978