Title 9
TAXATION
Chapters:
9.04 Taxation--Generally
9.08 Enforcement of Local Improvement District Assessments
9.16 Sales Tax
Chapter 9.04
TAXATION--GENERALLY(1)
Sections:
9.04.030 Real and personal property
tax--Liability, assessment and collection.
9.04.042 Annual tax levy - registered watercraft.
9.04.046 Real and personal property tax--Exemptions.
9.04.050 Business dealings with violators of tax code.
9.04.030
Real and personal property tax--Liability, assessment and collection. a. All real and personal
property located within the corporate limits of the City which is not exempt
from taxation by state law or City Code is subject to and liable for an annual
tax for City purposes.
b. The Kenai Peninsula
Borough shall assess and collect the taxes levied by the City in accordance
with AS 29.35.170, AS 29.45 and chapter 5.12 of the Kenai Peninsula Borough
Code. (Ord. 90-28 '2, 1990).
9.04.040
Annual tax levy. By June 15 of each year the City Council shall
establish, by resolution, the annual property tax levy rate and notify the
Kenai Peninsula Borough Assembly of said rate. (Ord. 90-28 '3, 1990).
09.04.042
Annual tax levy - registered watercraft. a. Except as provided
below, for purposes of taxation, watercraft for which the USCG certificate of
number, U.S. or foreign documentation or registration document, Alaska Division
of Motor Vehicles registration number, or the ADF & G number have been
issued, or other watercraft subject to a tax shall be totally exempted from ad
valorem taxes, and shall be taxed in accordance with the following flat tax
schedule. Watercraft shall be measured according to length overall.
Watercraft Flat Tax Schedule
Class Watercraft Length Overall Annual Tax
1 less than
15 feet $ 0
2 15 to
less than 20 feet $ 0
3 20 to
less than 25 feet $ 10
4 25 to
less than 36 feet $ 30
5 36 to
less than 60 feet $ 50
6 60 to
less than 100 feet $ 100
7 100 feet
or more $ 200
b. Watercraft for which all
certificates of number, registration, or documentation, or other form of
maritime licensing or registration and the ADF & G number, if applicable,
have been surrendered to the issuing authority by January 1 of the tax year
shall be taxed on an ad valorem basis. Vessels for which such registration or
licensing has lapsed but has not been surrendered shall not qualify for ad
valorem taxation.
c. A vessel owner may
appeal the determination of the borough assessor under this section, using the procedures
set out in KPB 5.12.050-060. (Ord. 01-53(S), 2001; Ord. 98-3(A) '1, 1998.)
9.04.046 Real and personal property tax‑‑Exemptions. a. The following property is exempt from the real and personal property tax imposed by this chapter:
1. the first $100,000 of assessed valuation of
personal property, other than motor vehicles and watercraft, owned by each
taxpayer; for taxpayers with more than one personal property tax account, this
exemption shall be distributed pro rata among all of the taxpayer's accounts
based on the proportion of the assessed value in each account to the total
assessed value of that taxpayer's personal property;
2. motor vehicles that are subject to a motor
vehicle registration tax imposed by
b. The first $20,000.00 of assessed valuation of a single parcel of
residential real property owned and occupied by the owner of record as the
owner’s permanent place of residence in the City, shall be exempt from the City
tax levy on real property within the City of
c. Property of an organization not organized for business or
profit-making purposes and used exclusively for community purposes is exempt
from taxation under this chapter. Property or a part of the property from which
rentals or income are derived is not exempt from taxation unless the income
derived from the rentals does not exceed the actual cost to the owner of the
use by the renter. The borough assessor’s determination of whether property in
the city qualifies for the borough exemption under Kenai Borough Code Section
5.12.100 shall be determinative of whether the property qualifies for the
exemption under this subsection 9.04.046(c).
100-1
(Homer 12/08)
9.04.046(d)--9.04.050(c)(1)
d. This section shall be applied and construed to effectuate its
general purpose to make uniform the laws of the City and the
9.04.048 Real property tax -- exemption for volunteer
fire fighters and providers of emergency medical services. a. The
amount of $10,000 of the assessed value of real property owned and occupied as
a permanent place of abode by a resident who provides volunteer fire fighting
services or volunteer emergency medical services in the City is exempt from the
real property tax imposed by this chapter.
b. To qualify for this exemption, a person must
be certified as current and active volunteer of the Homer Volunteer Fire
Department by the Fire Chief, and (1) if providing volunteer fire fighting
services, be certified as a fire fighter by the Alaska Department of Public
Safety, or (2) if providing volunteer emergency medical services, be certified
under AS 18.08.082.
c. If two or more individuals are eligible for
an exemption for the same property, not more than two exemptions may be
granted.
d. No exemption under this section may be
granted except upon written application on a form prescribed by the
e. For purposes of this section, the terms
"real property," "own and occupy," and "permanent
place of abode" have the meanings given to them in
f. For purposes of this section, the term
"resident" means a person who has a permanent place of abode in the
City, and who, when absent, intends to return to the City. (Ord. 02-32, 2002.)
9.04.050 Business dealings with violators of tax
code.
a. No contract, lease or license shall be awarded to any person who
is in violation of the Kenai Peninsula Borough Code or the Homer City Code in
the several areas of taxation, unless the City shall offset or withhold amounts
owing to a person under a contract, lease or license between the City and the
person against amounts owed by the person for delinquent Borough or City taxes,
and may pay such amounts to the appropriate taxing authority.
b. Any contract, lease or license can be terminated for cause if the
person is in violation of the Kenai Peninsula Borough Code or the Homer City
Code in the several areas of taxation and if such violation is not remedied
within ten days of notification by regular mail.
c. For the purposes of this section, a person shall be deemed in
violation of the Borough or City tax provisions when:
1. the Kenai Peninsula Borough has indicated that a required sales
tax return is missing or there is a balance of sales taxes due of more than one
hundred dollars, or
100-2
(Homer 12/08)
9.04.050(c)(2)--9.04.050(c)(2)
2. a person who is required to register for collection of sales taxes
under Chapter 5.18 of the
Chapter 9.08
ENFORCEMENT OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS(2)
Sections:
9.08.020Assessments to be liens.
9.08.030Assessment collection.
9.08.050Clearing delinquencies.
9.08.060Notice to lien holders.
9.08.065Costs of notice to be lien.
9.08.130Possession during redemption period.
9.08.152Release of priority liens.
9.08.155City disposition of foreclosed properties.
9.08.010 Validity. Certified assessment rolls are valid and binding on all persons, notwithstanding any defect, error, omission or invalidity in the assessment rolls or proceedings pertaining to the assessment roll. (Prior code 13A-400.1).
9.08.020 Assessments to be liens. Assessments, together with penalty and interest, are liens upon the property assessed and are prior and paramount to all other liens or encumbrances against the property except municipal tax liens. (Ord. 88-14 5, 1988; Prior code 13A-400.3).
a.By mail to a holder of a mortgage or other lien of record on the real property; and
b.By certified mail to a holder of a mortgage or other lien on the real property who requests the Clerk in writing to provide notice of a foreclosure list which includes such real property. (Ord. 90-18(A) 1, 1990; Prior code 13A-400.10).
9.08.030 Assessment collection. The City shall enforce delinquent assessment liens by foreclosure. (Prior code §13A-400.5).
9.08.040 Foreclosure list.
a. The City shall:
1. Annually, present a petition for judgment and a certified copy of the
foreclosure list for delinquent assessments in the Superior Court. Improvement
districts may be foreclosed individually, or more than one district may be
combined in a single petition.
2. Publish the foreclosure for four consecutive weeks in a newspaper of general
circulation distributed within the City or, if there is no newspaper of general
circulation distributed with the City, post the list at three public places for
at least thirty days;
3. Within ten days after the first publication or posting, mail to the last
known owner of each property as his name and address appear on the list a
notice advising of the foreclosure proceeding in which a petition for judgment
of foreclosure has been filed and describing the property and the amount due as
stated on the list.
b. The list shall be arranged in alphabetical order as to the name and shall
include:
1. The last known owner;
2. The property description as stated on the assessment roll;
3. Years and amounts of delinquency;
4. Penalty and interest due;
5. A statement that the list is available for public inspection at the Clerk’s
office;
6. A statement that the list has been presented to the Superior Court with a
petition for judgment and decree.
c. Completion of the requirements of
subsection a. of this section constitutes and has the same force and effect as
the filing of an individual and separate complaint and service of summons to
foreclose a lien against each property described on the foreclosure list. (Ord. 91-2
§1 1991; Ord. 90-28, §4, 1990; prior code §13A-400.6).
9.08.050 Clearing delinquencies. During
the publication or posting of the foreclosure list and up to the time of
transfer to the City a person may pay the assessment, together with the
penalty, interests and costs. The collector shall note payment on the
foreclosure list. (Prior code
§13A-400.8).
9.08.060 Notice to lien holders. In addition to the notice
to the last known owner pursuant to subsection 9.08.040 a.3., the same notice
shall be sent:
a. By mail to a holder of a mortgage or other lien of record on the real
property; and
b. By certified mail to a holder of a mortgage or other lien on the real
property who requests the Clerk in writing to provide notice of a foreclosure
list which includes such real property. (Ord. 90-18(A) §1, 1990: Prior code §13A-400.10).
9.08.065 Costs of notice to be lien. Costs incurred in the determination of owners of record and holders of mortgages and other liens of record and costs of publication and other notice incurred by the City under this chapter are a lien on the property and shall be recovered by the City. (Ord. 90-18(A) 2, 1990).
9.08.070 Answer and objection. A person having an interest in a tract on the foreclosure list may file an answer within thirty days of the date of last publication, specifying his objection. The Court shall make its decision in summary proceedings. The foreclosure list is prima facie evidence that the assessment and levy of the assessment is valid and that the assessment is unpaid. (Prior code 13A-400.12).
9.08.080 Judgement. The Court shall in a proper case give judgement and decree that the assessment liens be foreclosed. It is a several judgment against and lien on each parcel. Prior code 13A-400.14).
9.08.090 Transfer and appeal. a.Foreclosed properties are transferred to the City for the lien amounts. When answers are filed the Court may enter judgement against and order the transfer to the City of all other properties on the list pending determination of the matters in controversy. The Court shall hear and determine the issues raised by the complaint and answers in the same manner and under the same rules as it hears and determines other actions.
b.The Court Clerk shall deliver a certified copy of the judgment and decree to the City Clerk. The certified judgement and decree constitutes a transfer to the city.
c.The judgement and decree stops objections to it which could have been presented before judgement and decree.
d.Appeal from a judgement and decree of foreclosure, or from a final order int he proceeding, may be made in the manner provided for appeals in civil actions. (Prior code 13A-400.16).
9.08.100 Redemption period. Properties transferred to the City shall be held by the City for at least one year. During the redemption period a party having an interest in the property may redeem it by paying the lien amount plus penalties, interestnd costs, including all costs incurred under this chapter and recoverable pursuant to 9.08.065. Property redeemed is subject to all taxes, assessments, liens and claims as though it had continued in private ownership. Only the amount applicable under the judgement and decree must be paid in order to redeem the property. (Ord. 90-28 6, 1990; Ord. 88-14 8, 1988; Prior code 13A-400.18).
9.08.110 Effect. Receipt of redemption money by the Clerk releases the judgement obtained through foreclosure. (AS 29.45.410). The clerk shall record the redemption and issue a certificate containing a property description, the redemption amount, and the dates of judgement and decree of foreclosure. The Clerk shall file the certificate with the recorder and collect the recording fee from the person redeeming at the time of redemption. The Court Clerk shall file the certificate as part of the judgment roll. (Ord. 88-14 9, 1988; Prior code 13A-400.20).
9.08.120 Additional liens. If a property included in a foreclosure list is removed after payment of delinquencies or redemption by another lienholder, the payment represented by receipt for payment constitutes an additional lien on the property, collectible by the lienholder in the same manner as the original lien. (Prior code 13A-400.22).
9.08.130 Possession during redemption period. Foreclosure does not affect the former owner's right to possession during the redemption period. In the event that waste is committed by the former owner, or by anyone acting under his permission or control, the City may declare an immediate forfeiture of the right to possession. (Prior code 13A-400.24.
9.08.140 Expiration. At least thirty days before the expiration of the redemption period the Clerk shall publish a redemption period expiration notice. The notice shall contain the date of judgement, the date of expiration of the period of redemption and a warning to the effect that all properties ordered sold under the judgment, unless redeemed, shall be deeded to the City immediately on expiration of the period of redemption and that every right or interest of any person in the properties will be forfeited forever to the City. The notice is published once a week for four consecutive weeks in a newspaper of general circulation within the City. If there is no newspaper of general circulation within the City, the notice is posted in three public places for at least four consecutive weeks. The Clerk shall send a copy of the published notice by certified mail to each record owner of the property against which a judgment of foreclosure has been taken and to all holders of mortgages or other liens of record on the property (AS 29.45.440(a)). The notice shall be mailed within five days of the first publication. The mailing shall be sufficient if mailed to the property owner at the last address of record. The right of redemption shall expire thirty days after the date of the first publication notice. (Ord. 90-28 7, 1990; Ord. 90-18(A) 3, 1990; Ord. 88-14 10, 1988; Prior code 13A-400.26).
9.08.150 Deed to City. a.Upon expiration of the redemption period, the Borough Clerk or the Clerk of the Superior Court shall deed unredeemed properties to the City subject to the payment by the City of unpaid taxes of the Kenai Peninsula Borough. The deed shall be recorded in the Homer Recording District.
b.Conveyance gives the City clear title except for prior recorded tax liens of the United States, the State of Alaska and the Kenai Peninsula Borough.
c.No deed is invalid for irregularities, omissions or defects unless the former owner has been mislead so as to be injured. After two years from the date of the deed, its validity is conclusively presumed and any claim of the former owner or other person having an interest in the property is forever barred. (Ord. 90-28 8, 1990; Prior code 13A-400.26(3).)
9.08.152 Release of priority liens. In order to protect the title of the City, the City Council may by motion authorize the City Manager to secure the release of any priority lien on the property deeded to the City. (Ord. 90-28 9, 1990).
9.08.155 City disposition of foreclosed properties. Foreclosed
properties deeded to the City shall be classified pursuant to 18.06.042 of this
Code and may be r
Chapter 9.16
SALES TAX[1]
Sections:
9.16.020 Mill rate contingency.
9.16.040 Borough provisions adopted by reference.
9.16.060 Forgiveness of uncollected taxes, penalties
and interest.
9.16.010 Levied. a. A
consumer=s sales tax in the amount of three percent is levied
by the City on all sales, rents and services within the City except as the same
may be otherwise exempted by law.
b. An additional consumer=s sales tax in the amount of
three-quarters percent (3/4%) is hereby levied by the City of Homer on all
sales, rents and services within the City except the same may be otherwise
exempted by law, for the purpose of funding debt retirement of the sewer
treatment plant improvements, and to the extent revenues from such tax exceed
such debt retirement obligations, for the purpose of funding water and sewer
systems.
c. An additional consumer=s sales tax in the amount of
three-quarters percent (3/4%) is hereby levied by the City of Homer on all
sales, rents and services within the City except the same may be otherwise
exempted by law, for the purpose of funding of street reconstruction
improvements and related utilities, construction of new local roads, and
construction of new local trails. (Ord.
06-42 §2, 2006*;
Ord. 05-03(A) '2, 2005; Ord. 99-14(S)(A) '1, 1999; Ord. 91-19 '1, 1991; Ord. 90-29 '' 1& 2, 1990; Ord.
87-19 '1, 1987; Ord. 85-37 ' 2, 1985).
9.16.020 Mill rate contingency. The sales tax enacted by subsection a. of '9.16.010 shall remain in
effect only in such years that the City Council sets the property mill levy at
six mills or less. In such years as the
property mill levy exceeds six mills, this sales tax levy shall not be in
effect. (Ord. 90-29 '4, 1990; Ord. 85-37 '3, 1985).
9.16.040 Borough provisions adopted by reference. Those sections of the Kenai Peninsula Borough
Code of Ordinances applicable to the levy and collection of the sales tax
described in this chapter are incorporated by this reference and made a part of
this chapter as though fully set forth in this chapter. (Ord. 92-27, 1992; Ord.
92-11(A) § 6, 1990)
9.16.050 Civil penalties. a. Failure to Obtain Certificate
of Registration. A seller who is required to obtain a certificate of
registration under KPB Chapter 5.18 but fails to do so within the time
prescribed, is subject to a civil penalty equal to twenty-five percent of the
amount of any City tax found to be due in addition to payment of the actual
amount of City taxes.
b. Failure to File Return. A seller who fails to file a timely
return, or who fails to remit all City taxes collected by him or later found to
be due, is subject to a civil penalty of five percent per month of the amount
of City taxes found to be due, to a maximum of twenty-five percent. The filing
of an incomplete return, or the failure to remit all taxes, is the equivalent
of filing no return. All City taxes due but not paid within the time required
shall accrue and be assessed an interest charge at the maximum statutory rate
as provided by AS 29.45.650(d).
c. The provisions of this section shall be enforced by the Kenai
Peninsula Borough pursuant to KPB 5.18.100 b. (Ord. 92-11(A) 3, 1992; Ord.
90-29 6, 1990).
9.16.060 Forgiveness of
uncollected taxes, penalties and interest. a. If, pursuant to the provisions of KPB 5.18.270,
the Kenai Peninsula borough forgives payment of a Borough sales tax, penalties
or interest thereon, the City Manager may grant forgiveness of any
corresponding City sales tax, penalties or interest.
b. The City Manager shall notify the City Council in writing of any
such incidence of forgiveness which shall be final unless overridden by the
Council, within 30 days of such forgiveness. (Ord. 92-11(A) 4, 1992; Ord. 90-29
7, 1990).
9.16.070 Sales tax liens. a. Sales taxes,
together with penalties, interest, and costs of administration, shall
constitute a lien in favor of the City upon all real and personal property of
every person making sales subject to City sales taxes and, when recorded, sales
tax liens are prior and paramount to all other liens or encumbrances against
the property except as provided by AS 29.45.650(e).
b. A lien imposed by subsection a. may be filed and recorded by the
City of the Kenai Peninsula Borough pursuant to KPB 5.18.660. Enforcement of
City sales tax liens by foreclosure or any other remedy shall be administered
by the Kenai Peninsula Borough. (Ord. 92-11(A) 5, 1992; Ord. 90-29 8, 1990).
1. Prior ordinance history: Ordinances 90-15, 76-8, 72-3 and 5-310.4.
Prior code: 13A-100.
2. For statutory provisions authorizing cities to enforce tax liens,
see AS 29.45.290--29.45.500. See Title 18, Property Management, as to the
classification and disposition of foreclosed properties. Ord. 98-3(A) has a
sunset provision of 12/31/2001 unless extended.
Prior ordinance history: Ordinances 76-16, 80-05 and
88-14; prior code 13A-400.
3. Editor's Note: the prior code contained two sections numbered 13A-400.26.
4. For statutory provisions authorizing cities to levy sales taxes,
see AS 29.45.700--29.45.710. Prior ordinance history: Ordinances 85-17 and
85-37.
9.16.100 Exemptions. a. Commencing January 1, 2009, sales of nonprepared food items from
September 1st through May 31st of each year.
b. All other
items granted exemption from sales tax under the Kenai Peninsula Borough Code
as amended from time to time, except where the Kenai Peninsula Borough by
ordinance expressly authorizes the city to tax a source exempted from sales tax
by the Kenai Peninsula Borough Code and city imposes a sales tax on that source
in compliance with the law. (Ord.
08-32(S)(A-2) §1, 2008).
(Homer 12/08)
For statutory provisions authorizing cities to levy
sales taxes, see AS 29.45.700--29.45.710.
Prior ordinance history: Ordinances 85-17 and 85-37.
*
Ordinance 06-42 extended sales tax levy for up to 20 additional years.