§ 5.14.020. Administration.

A.

This chapter shall be administered by the director of planning and the director of assessing under the direction of the mayor.

B.

Prior to beginning construction of a project for which one wishes to receive a tax credit, the property owner must submit an application for prequalification of the project to the planning department on a form provided by the director of planning. This application must be accompanied by all necessary federal, state, and local permits or approvals for the project. Within 30 business days of application, the director of planning shall mail notice to the applicant as to whether the proposed project has pre-qualified. If this notice is not mailed as provided herein, prequalification is deemed denied.

C.

Upon completion, the applicant must schedule an inspection of the project with the planning department. If the applicant does not schedule an inspection the borough may enter the property to conduct the inspection. Inspections must be scheduled no later than January 15 of the year for which the tax credit is sought. Within 30 business days of this inspection, the planning department shall mail notice to the applicant whether the project as completed qualifies for the tax credit. The notice shall contain a determination of the costs being allowed. A copy shall be sent to the assessor. If this notice is not mailed as provided herein, the tax credit is deemed denied.

D.

For the first tax year following completion of the project, the assessor shall provide a credit to the owner of the land upon which the project was constructed of up to 50% of the taxes levied upon that land, or the taxable interest in that land, for that year or the costs incurred on the project, whichever is less. In the second year, the assessor will provide a further tax credit of up to 50% of the taxes levied upon that land, or the taxable interest in that land, for that year of the remainder of the costs incurred on that project not previously credited, whichever is less. In the third year, the assessor will provide further tax credit of up to 50% of the taxes levied upon that land, or the taxable interest in that land, for that year or the remainder of the costs expended on that project not previously credited, whichever is less. The credit must be taken in 3 consecutive years and is limited to those 3 years regardless of the costs incurred by the applicant. Only the land value, which is defined as that value attributed to the land in the assessor's notice of assessment, is included in calculating the amount of the tax credit.

E.

If prequalification of the tax credit is denied, or less costs for the project are allowed than the applicant thinks appropriate, the applicant may appeal that decision to the mayor on a form provided by the mayor. Appeals shall be made within ten days of the date of notice of any decision under this section. In reviewing a denial, the mayor shall grant prequalification if the proposal conforms to the requirements of the ordinance. The mayor shall grant the credit if the project, as completed, substantially conforms to the plans submitted for prequalification or if the mayor determines the project conforms to the requirements of the ordinance. Appeals from the mayor's determination shall be taken to superior court in Kenai Alaska pursuant to the Alaska Rules of Appellate Procedure Part 6.

(Ord. No. 2012-37, § 2, 10-9-12; Ord. No. 2011-37, § 1, 1-1-12; Ord. No. 97-27, § 1, 1997; Ord. No. 96-29, § 1, 1996; Ord. No. 95-32, § 1(part), 1995)