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HomeMy WebLinkAbout1994-57 Property Tansfer TaxRESOLUTION NO. 94;-,57 A RESOLUTION REFERRING TO THE VOTERS OF THE CITY OF ASHLAND A MEASURE IMPOSING A TAX ON THE TRANSFER OF REAL PROPERTY AND CALLING FOR A ELECTION ON NOVEMBER 8, 1994. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. An election is called to be held in the City of Ashland, Oregon on November 8, 1994, at which election there shall be referred to the voters for their adoption or rejection, the ordinance attached to this resolution entitled "AN ORDINANCE ENACTING A 0.4% REAL PROPERTY TRANSFER TAX, EXEMPTING $50,000 OF SELLING PRICE FOR SINGLE FAMILY RESIDENCES, AND DEDICATING THE REVENUE FROM THE TAX TO THE ASHLAND WATERSHED AND FOREST INTERFACE FIRE PREVENTION AND SUPPRESSION AND TO AFFORDABLE HOUSING" SECTION 2. The foregoing ordinance shall be effective upon its passage by the electorate at a special election to be held on November 8, 1994. SECTION 3. The ballot title for this measure is as set forth on the attached Exhibit A. SECTION 4. The City Recorder is requested and directed to give notice of this special election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. The foregoing resolution was READ and DULY ADOPTED at a special meeting of the City Council of the City of Ashland on the 7th day of September , 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this a;~day of x/~,~j1994. Catherine M. Golden, Mayor Paul Nolte, City Attorney PAGE 1-RESOLUTION I,:.d~t.,-,.t,.b~ EXHIBIT A CAPTION: Real Property Transfer Tax for Watershed Fire Prevention, Affordable Housing. QUESTION: Shall 0.4% real property transfer tax be imposed for watershed and forested areas fire prevention and affordable housing property purchases? EXPLANATION: This tax is on the selling price of real property but excludes $50,000 of selling price on a single family residence. The tax is dedicated for public and private projects which reduce, prevent or suppress fire on forested lands within and the Ashland watershed whether within or without the city limits. The tax is also dedicated for the purchase of real property for affordable housing projects and related activities on such real property that meet the affordable housing goals of the City of Ashland. PAGE 2-RESOLUTION |p:~d~tax~retr.bd) ORDINANCE NO. AN ORDINANCE ENACTING A 0.40% REAL PROPER'P/TRANSFER TAX, EXEMPTING $50,000 OF SELLING PRICE FOR SINGLE FAMILY RESIDENCES, AND DEDICATING THE REVENUE FROM THE TAX TO THE ASHLAND WATERSHED AND FOREST INTERFACE FIRE PREVENTION AND SUPPRESSION AND TO AFFORDABLE HOUSING THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 4.40 entitled "Real Estate Transfer Tax" is added to the Ashland Municipal Code: ChaSer4,40 REAL ESTATE TRANSFER TAX Sections: 4.40,010. 4.40.020 4.40.030. 4.40.040. 4.40.050. 4.40.060. 4.40.070. 4.40.080. 4.40.090. 4.40.100. 4.40.110. 4.40.120. 4.40.130. 4.40.140. 4.40.150. 4.40.160. Short Title. Purpose Definitions. Exemptions, Rules and Regulations Promulgation. Administration and Enforcement Authority. Rate. Extension. Failure to Pay. Statement of Full Selling Price Required. Transaction Documentation. Recordation Without Payment Unlawful. Enforcement by Civil Action. Review. Failure to Pay or Apply for Exemption-Penalty. Violations-Infractions. 4.40.170. Revenue Dedicated to Funding Affordable Housing and Forest Interface Fire Prevention and Suppression. 4.40.180. Termination of tax. 4.40.010, Short Title. This chapter shall be known as the "real property transfer tax ordinance" and may be so pleaded. 4.40.020. Purpose. The purpose of this chapter is to provide funding for the goals and projects identified in the "Affordable Housing in Ashland" Report presented and adopted by the council on May 1, 1990 and the goals and projects identified in the "Ashland Forest Plan" presented and adopted by the council on June 2, 1992. PAGE 1-0RDINANCE 4.40.030. Definitions. As used in this chapter unless the context requires otherwise: A. "Date of tender" means the date of delivering to the director for recording the document transferring, or contracting to transfer, real property. B. "Director" means the Director of Finance of the city, and the director's designated representative, or any person appointed by the City Administrator to serve the functions of the Director pursuant to this ordinance. C. "Documents transferring real property" means and includes all deeds, instruments or writings whereby any ownership or title to real property is transferred to or vested in a purchaser or other person at the direction of the purchaser or contracts to transfer or vest such ownership or title in real property. D. "Forest interface" means those lands identified in the Ashland Comprehensive Plan as Wildfire Lands and includes forest land adjoining the city to the south between Wrights Creek and Tolman Creek. E. "Person" means and includes individuals, domestic and foreign corporations, societies, joint ventures, associations, firms, partnerships, joint stock companies, clubs or any legal entity whatsoever. F. "Purchaser" means any person who is the transferee of ownership or interest in real property. G. "Real property" means and includes any estate or interest in real property and any contract right thereto, and includes standing timber but does not include leases. H. "Residential real property" means real property improved with not more than two single-family dwellings and appurtenances of which at least one is owner-occupied by the seller. I. "Seller" means any person who is the transferor of ownership of interest in real property. J. "Selling price" means the consideration, in money or any other thing of value which is paid, delivered, or contracted to be paid or delivered, in return for the transfer of real property. "Selling price" shall include the amount of cash and the amount of any lien, mortgage, contract, indebtedness or any encumbrance existing against the property to which the property remains subject and which the purchaser agrees to pay or assume, as stated pursuant to ORS 93.030 on the face of any instrument conveying or contracting to convey fee title to real property. However, "selling price" also includes other property or value given or promised for the transfer of real property if such other property or value were either part or the whole consideration. K. "Tender for recording" means submitting a document transferring real property to the County Clerk or other responsible County Officer for recording in the county deed records. L. 'Transfer of real property" means and includes every grant, sale, exchange, assignment, quitclaim or other conveyance of property in or title to real property, and also means and includes any contract for such sale, exchange, grant, assignment, quitclaim or other conveyance of ownership in or title to real property. Notwithstanding this, "transfer of real property" does not include instruments clearly shown on their face to be the following: 1. Estoppel deeds; PAGE 2-ORDINANCE 2. Deeds in lieu of foreclosure and all transfers of real property effected by order of any court of competent jurisdiction in a mortgage or lien foreclosure proceeding, proceeding for execution of a judgment, bankruptcy proceeding or receivership proceeding; 3. Vendor's assignments and all transfers or assignments of a seller's interest in a contract for the sale of real property, even though accompanied by a conveyance of the seller's interest in the real property; 4. Earnest money agreements; 5. Sheriff's deeds; 6. Options; 7. Trustee's deed as a result of foreclosure; 8. Conveyances to or from a governmental entity; 9. Rerecording of documents; 10. Fulfillment deeds; 11. Documents recorded solely for security purposes; 12. Transfers of real property affected by appropriation or condemnation proceedings brought by the United States, the state of Oregon, the county, or any municipal or non-profit corporation; 13. Transfers of real property to effect a mere change in identity, form or place or organization; 14. Transfers of real property to effectuate the dissolution of a corporation, partnership or joint venture; 15. Transfers of real property by gift, devise or inheritance; 16. Transfers of a grave or cemetery lot; or 17. Transfers of real property to convey a joint interest to a spouse or transfers between spouses effected by order of any court of competent jurisdiction in a marriage dissolution or separation proceeding. M. "Ashland watershed" includes the watershed drained by Ashland Creek and other watersheds drained by creeks running through the city. 4.40.040. Exemptions. A. A document that does not clearly show on its face that it is one listed in section 4.40,030.J may be deemed not to be a "transfer of real property" if an affidavit is filed with the director within fifteen days of tender for recording of the document. Extensions may be obtained as provided in section 4.40.080 for payments. B. For purposes of computing the tax on transfers of residential real property, $50,000 shall be subtracted from the selling price of the real property before the tax is computed if an affidavit is filed with the director within fifteen days of tender for recording of the document establishing that the transfer involves residential real property. Extensions may be obtained as provided in section 4.40.080 for payments. Regardless of the number of single family residences on the real property, only $50,000 shall be deducted from the selling price. C. For purposes of computing the tax on transfers of residential real property, $50,000 shall be subtracted from the selling price of the real property before the tax is computed if an affidavit is filed with the director within fifteen days of tender for recording of the document establishing that the transfer involves the first sale of a newly constructed single family residence. Extensions may be obtained as provided in PAGE 3-ORDINANCE section 4.40.080 for payments. Regardless of the number of single family residences on the real property, only $50,000 shall be deducted from the selling price. 4,40.050, Rules and Regulations Promulgation. Upon the recommendation of the director, or upon its own motion, the Council may promulgate rules and regulations necessary for the administration and enforcement of this chapter. 4.40.060. Administration and Enforcement Authority, A. The director shall be responsible for the administration and enforcement of this chapter. B. In order to carry out the duties imposed by this chapter, the director shall have the authority to do the following acts, which enumeration shall not be deemed to be exhaustive, namely: administer oaths; certify to all official acts; to subpoena and require attendance of witnesses at board meetings or other hearings to determine compliance with this chapter, rules and regulations; to require production of relevant documents at public hearings; to swear witnesses; and take testimony of any person by deposition. 4.40.070. Rate. Beginning December 1, 1994, a tax is imposed on each transfer of real property located within the corporate limits of the city. The tax shall be at the rate of 0.40% of the selling price and shall become due and payable within fifteen days of the date of tender for recording of the documents transferring real property. Liability for this tax shall attach upon every purchaser and seller of the real property located within the city which is transferred, and to any person who, as a party thereto, makes, signs or issues any document transferring real property or for whose benefit or use such document is made, issued or transferred; provided, however, that only one tax shall be imposed upon each transfer of real property. 4.40.080, Extension. A party may in writing to the director request a fifteen-day extension in which to pay the tax, The director may approve no more than two extensions. 4.40.090. Failure to Pay. It shall be unlawful for any person to fail to pay all or any portion of the tax imposed by this chapter. 4.40.100. Statement of Full Selling Price Required. It shall be unlawful for any person to fail to state or to misstate the full selling price for any transfer of real property. When any person fails to pay the tax or apply for an exemption, as provided for in section 4.40.040, within the time provided for payment of the tax, there shall be a conclusive presumption, for purposes of computation of the tax, that the selling price is not less than real market value as defined by ORS 308.205, as determined by the county department of assessment and taxation. 4.40.110, Transaction Documentation, The tax imposed by this chapter shall be paid to the director, who shall note the date of such payment, the identity of all parties participating in the transfer of the real property and such other information as the director may require to identify the transaction. The director shall issue a receipt PAGE 4-ORDINANCE showing payment of the tax imposed by this chapter and shall take all actions necessary to stamp, mark or otherwise identify documents and transactions subject to this chapter. 4.40.120. Recordation Without Payment Unlawful. It shall be unlawful for any person to record, or tender for recording with the County Clerk or County Assessor or any other County Officer in charge of recordation of real property transactions any documents transferring real property unless the payment of the tax imposed by this chapter has been provided as stated in sections 4.40.070 through 4.40.100 and 4.40.150. 4.40.130. Enforcement by Civil Action, The tax and any penalty imposed by this chapter constitutes a debt of the person liable for the tax as set forth in section 4.40.070 and may be collected by the director in an action at law. If litigation is necessary to collect the tax and any penalty, the prevailing party shall be entitled to reasonable attorney fees at trial or on appeal. 4.40.140. Review. Review of any action of the director and the board taken pursuant to this chapter, or the rules and regulations adopted pursuant thereto, shall be taken solely and exclusively by writ of review in the manner set forth in ORS 34.010 through 34.100, provided, however, that any aggrieved person may demand such relief by writ of review. 4.40.150. Failure to Pay or Apply for Exemption-Penalty. In addition to any other fine or penalty provided by this chapter, failure to pay the tax or apply for an exemption, as provided for in section 4.40.040, within fifteen days of the date of tender for recording of the documents transferring real property shall result in a penalty equal to the amount of tax owed or fifty dollars, whichever is greater. 4.40.160 Violations--Infractions. In addition to any other civil enforcement provided in this chapter, violation of this chapter shall be an infraction and shall be punished as set forth in section 1.08.020 of the Ashland Municipal Code. 4.40.170. Revenue Dedicated to Funding Affordable Housing and Forest Interface Fire Prevention and Suppression. All revenue from the Real Property Transfer Tax shall be deposited in the Transfer Tax Account. Monies from this account shall be used solely for the purposes of funding: A. Affordable Housing. Sixty percent of all monies deposited in this account shall only be used for the acquisition of real property for affordable housing projects and related activities on such real property meeting the affordable housing purpose of this chapter. This sixty percent share shall be measured at the end of each five year period with the first period beginning on December 1, 1994. There shall be no requirement that sixty percent of all monies shall be spent annually for affordable housing. B. Forest Interface and Watershed Fire Prevention and Suppression. Forty percent of all monies deposited in this account shall only be used for public and private projects which reduce, prevent or suppress fire, or the danger of fire, on lands PAGE 5-ORDINANCE within the forest interface and Ashland watershed whether within or without the city limits. This forty percent share shall be measured at the end of each five year period with the first period beginning on December 1, 1994. There shall be no requirement that forty percent of all monies shall be spent annually for affordable housing. C. The city may deduct funds from the Transfer Tax Account to pay for the costs of administering and collecting the tax. 4.40.180 Termination of tax. This chapter shall expire on November 30, 2014. PAGE 6-ORDINANCE