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FY2007-10 - Sect. 080 Real & Personal Property Exempted from TaxationAN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 20 REAL PROPERTY TAX SECTION 080 REAL AND PERSONAL PROPERTY EXEMPTED FROM TAXATION WHEREAS, Kodiak Island Borough code provides direction and authority for the assessor to waive timely application for exemption within the same year; and WHEREAS, applications for exemption are frequently received for prior years; and WHEREAS, Borough code does not expressly grant authority to waive timely application for prior years; and WHEREAS, administrative policy has been to present such applications to the Borough Assembly for waiver; and WHEREAS, the Borough Assembly recommends amendment to borough code limiting waiver of timely application to the current year and one year prior, and giving assessor authority to grant said waivers; and WHEREAS, the proposed amendment to KIBC 3.20.080 (D) will grant authority to the assessor to waive timely application for the current year and one year prior, and will give applicants the right to appeal assessor's decision to the Borough Assembly for those same years only. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -10 Requested by: Drafted by: Introduced: Public Hearing: Adopted: Borough Assessor Borough Assessor 10/05/2006 10/19/2006 10/19/2006 This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Title 3 Revenue and Finance Chapter 20 Real Property Tax Section 080 D Real and Personal Property Exempted from Taxation is hereby amended as follows: 3.20.080 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for an exemption provided by AS 29.45.030(e) by January fifteenth of the assessment year for which the exemption is sought, - - - . , the borough assessor for good cause shown may waive the claimant's failure to make timely application for the exemption for that year and shall accept the application as if timely filed subject to the provisions contained in AS 29.45.030(E). Kodiak Island Borough, Alaska Ordinance No. FY2007 -10 Page 1 of 2 Good cause shall include but not necessarily be limited to: 1. mistake; 2. inadvertence; or 3. excusable neglect; Waiver may only be granted for the year in which an application is filed and for the year immediately prior. Assessor's rulings under this provision may be appealed to the Borough Assembly which for good cause shown may waive an applicant's failure to file timely and may direct the assessor to accept the application as if timely filed subject to the provisions contained in AS 29.45.030(e). ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS NINETEENTH DAY OF OCTOBER 2006 ATTEST: • Nova Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH me M. Selby, Borough May Kodiak Island Borough, Alaska Ordinance No. FY2007 -10 Page 2 of 2