1993-36 Amending Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.20 and Chapter 3.24.Introduced by: Mayor Selby
Requested by: Finance Department
Drafted by: Finance Department
Introduced: 06/03/93
Public Hearing: 06/17/93
Adopted: 06/17/93
KODIAK ISLAND BOROUGH
ORDINANCE NO. 93 -36
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE
TITLE 3 REVENUE AND FINANCE,
CHAPTER 3.20 REAL PROPERTY TAXES
AND CHAPTER 3.24 PERSONAL PROPERTY TAX
WHEREAS, Kodiak Island Borough Code 3.20.088 states payments must be received
in the borough finance office on or before October 15th, unless half -
payment is made by August 15th, in which case the second half may be
paid by November 15th; and
WHEREAS, Kodiak Island Borough Code 3.20.90 states payments must be
postmarked by the due date; and
WHEREAS, it is more efficient and cost beneficial to require payments to be
physically received in the finance department by the due date; and
foreclosure and publication fees are set by resolution annually; and
Kodiak Island Borough Code 3.20.160 states that all foreclosure costs
will be apportioned by the clerk of the court; and
Kodiak Island Borough Ordinance No. 86 -25 -0 established the interest
rate on all delinquent property taxes, both real and personal, at twelve
(12) percent per year; and
WHEREAS, Kodiak Island Borough Ordinance No. 86 -25 -0 failed to mention Kodiak
Island Borough Code 3.24.030;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
WHEREAS,
WHEREAS,
WHEREAS,
Sectiorrl: This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Kodiak Island Borough. Alaska
Ordinance No 93-36
Page 1 of 3
Section 2: Kodiak Island Borough Code 3.20.90 is hereby amended as follows:
Section 4:
3.20.90 Late payments -- Penalty and interest. If the first payment is not
paid when due, the entire tax becomes delinquent and subject to a
penalty of ten percent of the entire tax; interest shall accrue on the
unpaid principal balance, excluding the penalty, at the rate of twelve
percent per year. If the first payment is paid when due but the second
payment is not paid when due, the unpaid balance of the tax becomes
delinquent and subject to a penalty of ten percent of the unpaid balance,
and interest shall accrue at the unpaid principal balance, excluding the
penalty, at the rate of twelve percent per year. Partial payments shall
be applied first to accrued penalties, then to interest, then to principal.
Notwithstanding the acceptance of partial payment, the unpaid balance
remains delinquent and the lien therefore enforceable in accordance with
law. For the purposes of this section, a payment is paid when due if
than only if it is physically received in the finance office by the due date.
(Ord. 86 -25 -0 (part), 1986; Ord. 82 -33 -0 (part), 1982: Ord. 80 -22 -0
51, 1980).
Section 3: Kodiak Island Borough Code 3.20.160 is hereby amended as follows:
3.20.160 Apportionment of costs. The cost of publication of the
forcclosurc list and of thc tax forcclosurc proceedings shall be taxed by
charged against thc tracts. A foreclosure and publication fee, as set by
resolution by the borough assembly, will be added to each property on
the foreclosure list. The intent of this fee is to cover all costs of
publication and foreclosure (Prior code Ch. 3 subch. 1 § 15)
Kodiak Island Borough Code 3.24.030 is hereby amended, effective July
1, 1986 in accordance with the intent of Ordinance No. 86 -25 -0 and
administered since 1986, as follows:
3.24.030 Penalties. A person who fails, refuses or neglects to file a
personal property return in accordance with Sections 3.24.010 and
3.24.020 shall, in addition to other penalties provided by law, be liable
for a penalty of ten percent of the tax assessed against said personai
property as assessed by the borough assessor, in accordance with
Section 3.24.010. Said person shall pay interest at the ram of eight
twelve percent per year, exclusive of penalty, from the due date until
paid in full. This section shall apply to all persons having personal
property within the borough, irrespective of residence. However, when
Kodiak Island Borough. Alaska ordinance No 93 -36
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ATTEST:
Kodiak Island Borough, Alaska
such penalty and interest amount to one dollar or less there shall be
assessed a minimum penalty of one dollar. A person who files a
completed return after the filing deadline, but before the mailing of the
assessment notices shall, in addition to other penalties provided by law,
be liable for a penalty of five percent (5 %) of the tax assessed against
said personal property for that tax year. (Ord. 92 -25 -0 52 (part), 1992;
Ord. 74 -8 -0 53, 1974: Ord. 69 -4 -0 5, 1969: Ord. 67 -11 -0 51, 1967:
prior code Ch. 3 subch. 2 53).
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS 17th DAY OF JUNE, 1993
.t'
Donna F. Smith, Borough Clerk
KODIAK ISLAND BOROUGH
Ordinance No. 93-36
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