The Metro Council hereby establishes a property assessment and reassessment moratorium program for qualifying properties pursuant to KRS 99.595 through 99.605 and KRS 132.452. Nothing included in this chapter shall prohibit partnership agreements with other local taxing authorities, subject to state law, regarding a five year moratorium on a portion of the tax assessment that would result from the improvement of qualifying structures subject to their taxing authority.

(1994 Jeff. Code, § 154.01) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 45-2020, approved 3-20-2020)

   All existing residential and commercial structures at least 25 years old may qualify for a reassessment moratorium if:

   (A)   The costs of the improvements made to the structure to repair, rehabilitate, restore or stabilize it is equal to at least 25% of the value of the improvements on the property based on the latest assessment made by the Jefferson County Property Valuation Administrator; or

   (B)   The cost of the enhancements made to the structure to repair, rehabilitate, restore or stabilize it is equal to at least 10% of the value of the improvement on the property based on the latest assessment made by the Jefferson County Property Valuation Administrator and the property is located within a “Qualified Census Tract” (QCT), designated by the United States Department of Housing and Urban Development, where at least 50% of households have an income less than 60% of the Area Median Gross Income in Jefferson County; or

   (C)   The cost of the enhancements made to the structure to repair, rehabilitate, restore or stabilize it is equal to at least 5% of the value of the improvement on the property based on the latest assessment made by the Jefferson County Property Valuation Administrator and the property is located within one of the following traditional urban neighborhoods, as defined by the Louisville/Jefferson County Information Consortium on January 1, 2020 and illustrated in the maps attached as Exhibit A: Algonquin, California, Chickasaw, Park Duvalle, Park Hill, Parkland, Portland, Russell, Shawnee, Shelby Park, and Smoketown Jackson; and the property is owner-occupied; or

   (D)   The qualifying property will, at the conclusion of the plan of improvement, be an LEED Certified property based on the Leadership in Energy and Environmental Design standards in effect at the time of application.

(1994 Jeff. Code, § 154.02) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 127-2009, approved 8-31-2009; Lou. Metro Am. Ord. No. 45-2020, approved 3-20-2020)

   The administering agencies for the moratorium program in Jefferson County shall be the Codes and Regulations Department, and the Office of the Property Valuation Administrator. Applications shall be received and reviewed by the Codes and Regulations Department and forwarded to the Office of the Property Valuation Administrator to complete the inspection phase of the assessment process.

(1994 Jeff. Code, § 154.03) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 45-2020, approved 3-20-2020)

   (A)   The applications for moratorium certificates shall be made to the Codes and Regulations Department at least 30 days before any construction work on the property is begun. Each application for a moratorium certificate will include or be accompanied by:

      (1)   A general description of the property.

      (2)   Proof the property is at least 25 years old.

      (3)   A general description of the proposed use of the property.

      (4)   The nature and extent of the restoration, repair, rehabilitation or stabilization and cost estimates based on bids submitted to the owner.

      (5)   If the building is listed on the National Register of Historic Places, is on the survey of Historic Sites in Kentucky, is in a Preservation District or is designated as a landmark, a certificate of approval from the Louisville/Jefferson County Metro Historic Landmarks and Preservation Districts Commission, showing compliance with the Commission's standards, must accompany the application.

      (6)   A time schedule for undertaking and completing the project.

      (7)   If the property is commercial, a descriptive list of the fixed building equipment, which will be part of the facility and a statement of the economic advantage (including expected construction employment) shall be part of the application.

      (8)   If the property is seeking qualification based on LEED certification, a copy of the registration of the building with the Green Building Certification Institute shall be part of the application.

   (B)   That in order to cover the administrative costs for the program, a fee of $40 shall be charged an applicant applying for a moratorium certificate. The $40 administrative fee may be waived at the discretion of the Director of Code Enforcement and the Property Valuation Administrator for low-income homeowners. The Office of Housing shall verify the income of applications that have received home repair funds through any Louisville Metro Government program. Twenty dollars will be transferred to the PVA to carry out his or her duties under this chapter and $20 will be retained by the Codes and Regulations Department to cover administrative costs incurred under this chapter.

(1994 Jeff. Code, § 154.04) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 127-2009, approved 8-31-2009; Lou. Metro Am. Ord. No. 45-2020, approved 3-20-2020)

   The Property Valuation Administrator and the Codes and Regulations Department shall maintain a record of all applications for a property assessment or reassessment moratorium. The PVA shall assess or reassess the property within 30 days of receipt of the application. This assessment shall be the value on which the Metro Government and Urban Service District taxes, and other taxing authorities that enter into a duly executed partnership agreement with Louisville Metro Government, are based and is not to be raised for five years after the certificate has been issued, however, this provision shall not preclude normal reassessment of the property.

(1994 Jeff. Code, § 154.05) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 45-2020, approved 3-20-2020)

   (A)   The applicant shall have two years, as approved by the Codes and Regulations Department, in which to complete the improvements unless granted an extension by the Codes and Regulations Department. In no case shall the application be extended beyond two additional years.

   (B)   Upon notice by the applicant to the Codes and Regulations Department that the work has been completed on the property, that office shall conduct an on-site inspection of the property to certify that the improvements described in the application have been completed. With regard to work completed on historic sites and structures, the Codes and Regulations Department shall require conformance with the certificate of approval issued by the Louisville/Jefferson County Metro Historic Landmarks and Preservation Districts Commission as contained in § 154.04(A)(5). The Codes and Regulations Department shall then certify to the Property Valuation Administrator that the improvements have been completed and the moratorium certificate shall be issued. However, no moratorium certificate will be issued on property in which there are delinquent Metro Government tax bills.

(1994 Jeff. Code, § 154.06) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007)

   The moratorium shall become effective on the assessment date next following the issuance of the moratorium certificate and shall remain in effect for five years.

(1994 Jeff. Code, § 154.07) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007)

   An assessment or reassessment moratorium certificate may be transferred or assigned by the holder of the certificate to a new owner or lessee of the property.

(1994 Jeff. Code, § 154.08) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007)

   Any property granted an assessment or reassessment moratorium may be eligible for a subsequent moratorium certificate provided that reapplication be made no sooner than three years following the expiration of the original moratorium.

(1994 Jeff. Code, § 154.09) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007)

   On the assessment date next following the expiration, cancellation or revocation of an assessment or reassessment moratorium, the property shall be assessed on the basis of its full fair cost value.

(1994 Jeff. Code, § 154.10) (Jeff. Ord. 10-1983, adopted and effective 6-28-1983; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007)

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 114-2007, approved 7-2-2007)