§ 12.35.010. Applications for tax incentives.

A.

Application for an exemption, deferral, or renewal under this chapter shall be made in writing to the chief fiscal officer or his designee. The application shall contain:

1.

A description of the property for which the application is made and the business in which it is to be used;

2.

A description of the employment created or sustained by the property;

a.

The requirement of this subsection does not apply to deteriorated property applications.

3.

Demonstration that the property meets the requirements of this chapter;

4.

Evidence that an exemption, deferral or renewal is necessary to:

a.

The long-term viability of the business operation after expiration of the tax incentive(s); or

b.

The economic feasibility of initiating an operation, program or project with a reasonable likelihood of long-term economic viability; and

c.

Except for an application for deteriorated property, the proposed business operation or program or project will create additional employment for the community; and

d.

Promote or improve the economic development of the municipality.

5.

Evidence that an exemption, deferral or renewal will provide measurable public benefits commensurate with the level of incentive granted;

6.

Financial statement of the applicant; and

7.

Other information as may be required by the finance department.

B.

The chief fiscal officer may adopt administrative procedures for determining standards for designation of areas as deteriorated.

C.

The chief fiscal officer or his designee, which may be a contractor of the municipality, shall verify the eligibility for the application. The chief fiscal officer shall advise the mayor and the assembly as to the eligibility of the proposed exemption, deferral or renewal within 90 days after receiving the application from his designee or contractor. If the application is recommended for approval by the chief fiscal officer, a resolution may be submitted by the mayor to the assembly for action. If the application is denied by the chief fiscal officer or a resolution is not submitted by the mayor, the applicant may appeal directly to the assembly.

1.

The chief fiscal officer may, consistent with Title 7, contract with an entity to receive and review applications for tax exemption, the renewal of tax exemption or deferral and to verify annual certifications that economic development property or qualified inventory remains eligible for exemption, pursuant to this section. If such a contract is entered into, the chief fiscal officer shall be deemed to have received the application for the purposes of subsection D. of this section when he receives it from the contractor.

D.

The assembly may set a public hearing on an application. The assembly may grant an exemption to the extent that the property is qualified under this chapter. The assembly shall make an effort to treat similarly situated applications requesting the same tax relief in as reasonable and equitable manner as practicable.

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