§ 12.35.005. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Deteriorated area means an area within boundaries designated by ordinance which meets one or more of the following criteria: unsafe, unsanitary or overcrowded buildings; environmentally contaminated; vacant, overgrown and unsightly lots of ground; a disproportionate number of tax delinquent properties; excessive land coverage; economically or socially undesirable land uses. Property adjacent to areas meeting these criteria, but which would not otherwise qualify, may be included within the deteriorated area designated in the ordinance if the assembly determines that new construction on such property would encourage, enhance or accelerate improvement of the adjacent deteriorated properties.

Deteriorated property means real property that, at the time of application, is commercial property not used for residential purposes or that is multi-unit residential property with at least eight residential units, and that meets one of the following:

1.

Within the last five years, has been the subject of an order by a government agency requiring environmental remediation of the property or requiring the property to be vacated, condemned or demolished by reason of noncompliance with laws, ordinances or regulations; or

2.

Has a structure on it not less than 15 years of age that has undergone substantial rehabilitation, renovation, demolition, removal or replacement; or

3.

Is located in a deteriorating or deteriorated area with boundaries that have been determined by the municipality after a public hearing.

Economic development property means real or personal property, including developed property conveyed under 43 USC 1601—1629e (Alaska Native Claims Settlement Act), that:

1.

Has not previously been taxed as real or personal property by the municipality;

2.

Is used in a trade or business in a way that:

a.

Creates employment in the municipality directly related to the use of the property;

b.

Generates sales outside of the municipality of goods or services produced in the municipality; or

c.

Materially reduces the importation of goods or services from outside the municipality; and

3.

Has not been used in the same trade or business in another municipality for at least 12 months before the application for deferral or exemption is filed.

Qualified inventory means personal property subject to taxation and consisting of goods held for sale and intended for export outside the state.

Rehabilitation means repair, replacement, construction or reconstruction, including alterations and additions, having the effect of rehabilitating a deteriorated property so that it becomes habitable or attains higher standards of safety, health, economic use or amenity, or is brought into compliance with laws, ordinances or regulations governing such standards. Ordinary upkeep and maintenance shall not be deemed rehabilitation.

(AO No. 2002-103(S), § 1, 8-6-02; AO No. 2004-116(S-1), § 1, 9-8-04; AO No. 2009-74(S-1), § 1, 2-16-10)

Cross reference

Definitions and rules of construction generally, § 1.05.020.