Abandoned buildings.

2015
STATE OF WYOMING
15LSO-0102
Numbered
2.1

HOUSE BILL

NO.
HB0069

Abandoned buildings.

Sponsored by:
Representative(s) Byrd, Berger, Pelkey and Throne and Senator(s) Driskill and Esquibel, F.

A BILL

for

AN ACT relating to downtown development; providing for the assessment of a fee on abandoned, deteriorated or unsafe structures as specified; providing exceptions; providing for collection of the fee; specifying that the fee is a lien on the property; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 15
‑
9
‑
209(a) by creating a new paragraph (xi), 39
‑
13
‑
107(b)(i)(C) and 39
‑
13
‑
108(d)(i) are amended to read:

15
‑
9
‑
209.

Additional powers of authority; sale or letting of property at fair value.

(a)

In addition to the other powers granted by this article, the authority shall have all powers, except as limited in the ordinance or any amendments thereto establishing the authority, necessary to carry out and effectuate the purposes and provisions of this article, including but not limited to the following powers:

(xi)

Not more than one (1) time each year, assess a fee
on any
nonresidential
structure

in the
development area

that the authority determines is abandoned, deteriorated or unsafe. The fee shall only be assessed
subject to the following
provisions
:

(A)

The fee shall be an amount as determined by the authority not to exceed fifty percent (50%) of the tax due on the property in the immediate preceding year;

(B)

The
authority shall report any fee
to be assessed
under this paragraph
to the county treasurer not later than September 15 of each year. The county treasurer shall include the fee in the written statement to the taxpayer as provided in W.S. 39
‑
13
‑
107(b)(i)(C);

(
C
)

The authority shall not
collect
a
fee
assessed
under this paragraph if one (1) or more of the following applies to the
structure
:

(I)

The structure
is scheduled for demolition or a major renovation project
within six (6) months
of the assessment of the fee;

(II)

T
he owner of the property submits a plan to the authority for renovation of the
structure or
property
and the authority determines that the plan is reasonable
;

(II
I
)

The structure or property is being
offered for sale or lease at a
price which is not unreasonable
considering the fair market value of the property
.

(D)

Any fee collected by an authority under this paragraph shall be kept in a separate fund and expended only to carry out the purposes and provisions of this article.

39
‑
13
‑
107.

Compliance; collection procedures.

(b)

The following provisions shall apply to the payment of taxes, distraint of property and deferral:

(i)

The following shall apply to the payment of taxes due:

(C)

Annually, on or before October 10 the county treasurer shall send a written statement in sealed envelopes of total tax due,
including any fees assessed under W.S. 15
‑
9
‑
209(a)(xi),

itemized as to property description, assessed value and mill levies, to each taxpayer at his last known address. The notice shall contain information, including contact information, of any property tax relief program authorized by state law. Failure to send notice, or to demand payment of taxes, does not invalidate any taxes due;

39
‑
13
‑
108.

Enforcement.

(d)

Liens. The following shall apply:

(i)

Taxes upon real property
and any fees assessed under W.S. 15
‑
9
‑
209(a)(xi)

are a perpetual lien thereon against all persons excluding the United States and the state of Wyoming. Taxes upon personal property are a lien upon all real property owned by the person against whom the tax was assessed subject to all prior existing valid liens. Taxes upon personal property are a lien upon the personal property until paid but if the personal property is transferred before payment the tax shall be collected from other real or personal property of the transferor but if the transferor has no other property from which the taxes can be collected then payment shall be enforced from the transferred property;

Section
2
.

This
act is effective July 1,
2015
.

(END)

1