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2005_Ordinances
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determined that the building or structure qualifies them the exemption shall become <br />• effective on January 1 of the next calendar year. <br />(e) Except with respect to the determination of the substantiality of rehabilitation, <br />renovation or replacement, which shall be determined by the city assessor, the burden of <br />proof shall be on the applicant to show that the residential real estate for which <br />exemption is sought complies with all the eligibility criteria established by this division. <br />The city assessor may require documentary proof of eligibility and, in such cases, <br />documentation satisfactory to the city assessor shall be presented. <br />Sec. 30-157. Amount of exemption, effective date and duration. <br />(a) The amount of the exemption from real property taxation provided for by this <br />division shall be an amount equal to the difference in the base value of the qualifying <br />building or structure and the assessed value of the building or structure upon completion <br />of substantial rehabilitation, renovation or replacement, as determined by the city <br />assessor. This amount only, on a fixed basis, shall constitute the exemption, <br />notwithstanding subsequent assessment or reassessment. <br />(b) The exemption allowed by this division shall commence on January 1 st of the tax <br />year following the city assessor's determination that a building or structure qualifies for <br />the exemption and shall run with the real estate for a period of seven (7) years <br />• ("eligibility period"). However, if at any time during the eligibility period the building or <br />structure ceases to be occupied by the person who owns the residential real estate, then <br />the exemption shall automatically expire at the end of the tax year in which the property <br />ceases to be so occupied. <br />(c) If the assessed value of qualifying residential real estate increases after the first <br />year of the eligibility period, the exemption specified by paragraph (b) of this section <br />shall not be increased. If the assessed value of the qualifying residential real estate <br />decreases after the first year of the eligibility period, the exemption specified by <br />paragraph (b) shall be limited, in that the exemption shall not reduce the real estate tax <br />below an amount equal to the amount of the real property tax calculated on the base <br />value. If the assessed value of the qualifying residential real estate decreases below the <br />base value after the first year of the eligibility period, then the property shall be assessed <br />at full assessed value for that year, and no exemption shall be granted for that year. <br />(d) No exemption for which any property owner is eligible under this division shall <br />be granted to the owner of any residential real estate, if the real estate tax on that real <br />estate has not been paid on or before the date on which it is due. Failure to pay the tax on <br />such real estate in any year, on or before the date on which the tax is due, shall result in <br />the forfeiture of any exemption that otherwise would have been applied to the tax in that <br />year. In such circumstances, the annual real estate tax shall be assessed on the full fair <br />market value of the improved real estate. <br />
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