Senate
File
25
-
Introduced
SENATE
FILE
25
BY
TAYLOR
A
BILL
FOR
An
Act
authorizing
a
city
or
county
to
provide
a
property
tax
1
exemption
for
value
added
by
improvements
to
residential
2
property
that
is
a
public
nuisance.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
364.19,
Code
2015,
is
amended
to
read
as
1
follows:
2
364.19
Contracts
to
provide
services
to
tax-exempt
property.
3
A
city
council
or
county
board
of
supervisors
may
enter
into
4
a
contract
with
a
person
whose
property
is
totally
or
partially
5
exempt
from
taxation
under
chapter
404
,
chapter
404B
,
section
6
427.1
,
or
section
427B.1
,
or
section
427B.10,
for
the
city
or
7
county
to
provide
specified
services
to
that
person
including
8
but
not
limited
to
police
protection,
fire
protection,
9
street
maintenance,
and
waste
collection.
The
contract
shall
10
terminate
as
of
the
date
previously
exempt
property
becomes
11
subject
to
taxation.
12
Sec.
2.
NEW
SECTION
.
427B.10
Residential
nuisance
property
13
——
value
added
exemption
from
tax.
14
1.
A
city
council
or
a
county
board
of
supervisors
may
15
provide
by
ordinance
for
an
exemption
from
property
taxation
16
of
the
actual
value
added
by
improvements
made
to
residential
17
property
if
the
property
is
deemed
to
be
a
public
nuisance
18
prior
to
the
improvements.
A
city
council
may
provide
for
an
19
exemption
to
such
property
located
within
the
boundaries
of
20
the
city
and
the
county
board
of
supervisors
may
provide
for
21
an
exemption
to
such
property
located
outside
the
boundaries
22
of
a
city.
23
2.
All
property
described
in
subsection
1
for
which
an
24
exemption
has
been
approved
by
ordinance
is
eligible
to
receive
25
a
one
hundred
percent
exemption
from
taxation
on
the
actual
26
value
added
by
the
improvements.
The
exemption
is
for
a
27
period
of
ten
years
beginning
not
later
than
the
first
year
28
in
which
all
improvements
described
in
the
application
are
29
first
assessed
for
taxation.
A
property
tax
exemption
under
30
this
section
shall
not
be
granted
if
the
property
for
which
31
the
exemption
is
claimed
has
received
any
other
property
tax
32
exemption
authorized
by
law
for
the
actual
value
added
to
the
33
property.
34
3.
The
ordinance
approving
the
exemption
from
tax
shall
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designate
the
length
of
time
the
exemption
shall
be
available
1
and
may
provide
for
an
exemption
schedule
in
lieu
of
that
2
provided
in
subsection
2.
However,
an
alternative
exemption
3
schedule
specified
in
the
resolution
shall
not
exceed
a
period
4
of
ten
years.
5
4.
a.
An
application
shall
be
filed
for
each
new
exemption
6
claimed.
The
first
application
for
an
exemption
shall
be
filed
7
by
the
owner
of
the
property
with
the
governing
body
of
the
8
city
or
county
in
which
the
property
is
located
by
February
9
1
of
the
assessment
year
for
which
the
exemption
is
first
10
claimed,
but
not
later
than
the
year
in
which
all
improvements
11
included
in
the
application
are
first
assessed
for
taxation.
12
b.
The
application
shall,
at
a
minimum,
contain
the
nature
13
of
the
improvements,
the
cost
of
the
improvements,
and
the
14
estimated
or
actual
date
of
completion
of
the
improvements.
15
c.
An
owner
may
submit
an
application
for
an
exemption
16
under
this
section
to
the
governing
body
of
the
city
or
17
county
to
receive
prior
approval
for
eligibility
for
a
tax
18
exemption.
Such
prior
approval
shall
not
entitle
the
owner
19
to
exemption
from
taxation
until
the
improvements
have
been
20
completed,
a
physical
review
of
the
property
has
been
conducted
21
by
the
assessor
pursuant
to
subsection
5,
and
the
assessor
has
22
determined
that
the
actual
value
of
the
property
has
increased
23
as
a
result
of
the
improvements.
24
d.
If
an
application
for
an
exemption
is
not
approved,
the
25
owner
may
submit
an
amended
application
for
the
governing
body
26
to
approve
or
reject.
27
5.
The
local
assessor
shall
review
each
first-year
28
application
by
making
a
physical
review
of
the
property
to
29
determine
if
the
improvements
made
increased
the
actual
value
30
of
the
approved
property.
If
the
assessor
determines
that
31
the
actual
value
of
that
property
has
increased,
the
assessor
32
shall
proceed
to
determine
the
actual
value
of
the
property
33
and
certify
the
valuation
to
the
county
auditor
at
the
time
34
of
transmitting
the
assessment
rolls.
If
an
application
for
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exemption
is
denied
as
a
result
of
failure
to
increase
the
1
value
of
the
property,
the
owner
may,
notwithstanding
the
2
filing
deadlines
in
subsection
4,
file
a
first
application
in
a
3
subsequent
year
when
additional
improvements
are
made.
After
4
the
tax
exemption
is
granted,
the
local
assessor
shall
continue
5
to
grant
the
tax
exemption,
with
periodic
physical
review
by
6
the
assessor,
for
the
time
period
specified
in
subsection
2,
or
7
specified
in
the
different
schedule
if
one
has
been
adopted
in
8
the
resolution
of
the
governing
body
under
which
the
exemption
9
was
granted.
10
6.
When
in
the
opinion
of
the
city
council
or
the
county
11
board
of
supervisors
continuation
of
the
exemption
granted
by
12
this
section
ceases
to
be
of
benefit
to
the
city
or
county,
the
13
city
council
or
the
county
board
of
supervisors
may
repeal
the
14
ordinance,
but
all
existing
exemptions
shall
continue
until
15
their
expiration.
16
7.
For
the
purposes
of
this
section,
unless
the
context
17
otherwise
requires:
18
a.
“Actual
value
added”
means
the
actual
value
added
as
of
19
the
first
year
for
which
the
exemption
is
received.
20
b.
“Owner”
includes
a
person
who
is
purchasing
property
21
by
installment
contract
or
under
a
duly
executed
purchase
22
contract.
23
c.
“Public
nuisance”
means
a
building
that
is
a
menace
to
24
the
public
health,
welfare,
or
safety,
or
that
is
structurally
25
unsafe,
unsanitary,
or
not
provided
with
adequate
safe
egress,
26
or
that
constitutes
a
fire
hazard,
or
is
otherwise
dangerous
to
27
human
life,
or
that
in
relation
to
the
existing
use
constitutes
28
a
hazard
to
the
public
health,
welfare,
or
safety
by
reason
29
of
inadequate
maintenance,
dilapidation,
obsolescence,
or
30
abandonment.
31
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.7
shall
not
32
apply
to
the
property
tax
exemption
established
in
this
Act.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
authorizes
a
city
council
or
a
county
board
of
2
supervisors
to
provide
by
ordinance
for
an
exemption
from
3
property
taxation
of
the
actual
value
added
to
residential
4
property
by
improvements
to
the
property
if
the
property
is
5
deemed
to
be
a
public
nuisance,
as
defined
in
the
bill,
prior
6
to
the
improvements.
7
If
approved
by
the
governing
body
of
the
city
or
the
board
of
8
supervisors
of
a
county,
the
property
is
eligible
to
receive
9
a
100
percent
exemption
from
taxation
on
the
actual
value
10
added
by
the
improvements.
The
exemption
is
for
a
period
of
11
10
years
beginning
not
later
than
the
first
year
in
which
all
12
improvements
described
in
the
application
are
first
assessed
13
for
taxation.
The
ordinance
allowing
the
exemption
from
tax
14
may
provide
for
an
exemption
schedule
in
lieu
of
the
10-year
15
exemption
provided
in
the
bill.
An
alternative
exemption
16
schedule
may
not
exceed
a
period
of
10
years.
17
The
application
for
an
exemption
must
be
filed
by
the
18
owner
of
the
property
with
the
governing
body
of
the
city
or
19
county
in
which
the
property
is
located
by
February
1
of
the
20
assessment
year
for
which
the
exemption
is
first
claimed,
but
21
not
later
than
the
year
in
which
all
improvements
included
in
22
the
application
are
first
assessed
for
taxation.
The
bill
23
authorizes
an
owner
to
submit
an
application
for
an
exemption
24
to
receive
prior
approval
for
eligibility
for
a
tax
exemption.
25
Such
prior
approval
does
not
entitle
the
owner
to
exemption
26
from
taxation
until
the
improvements
have
been
completed,
a
27
physical
review
of
the
property
has
been
conducted
by
the
28
assessor,
and
the
assessor
has
determined
that
the
actual
value
29
of
the
property
has
increased
as
a
result
of
the
improvements.
30
The
bill
requires
the
assessor
to
review
each
first-year
31
application
by
making
a
physical
review
of
the
property,
to
32
determine
if
the
improvements
made
increased
the
actual
value
33
of
the
approved
property.
If
an
application
for
exemption
34
is
denied
as
a
result
of
failure
to
increase
the
value
of
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the
property,
the
owner
may
file
a
first
application
in
a
1
subsequent
year
when
additional
improvements
are
made.
After
2
the
tax
exemption
is
granted,
the
local
assessor
shall
continue
3
to
grant
the
tax
exemption,
with
periodic
physical
review
by
4
the
assessor,
for
the
time
period
authorized.
5
Code
section
25B.7
does
not
apply
to
the
property
tax
6
exemption
to
the
bill.
Code
section
25B.7
provides
that
for
a
7
property
tax
credit
or
exemption
enacted
on
or
after
January
8
1,
1997,
if
a
state
appropriation
made
to
fund
the
credit
9
or
exemption
is
not
sufficient
to
fully
fund
the
credit
or
10
exemption,
the
political
subdivision
is
required
to
extend
11
to
the
taxpayer
only
that
portion
of
the
credit
or
exemption
12
estimated
by
the
department
of
revenue
to
be
funded
by
the
13
state
appropriation.
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