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HomeMy Public PortalAboutOrdinance #300TOWN OF ERASER ORDINANCE N0.300 Series 2004 AN ORDINANCE AMENDING THE ERASER TOWN CODE WITH RESPECT TO METHODS FOR ASSESSMENT AND COLLECTION OF USE TAXES ON BUILDING AND CONSTRUCTION MATERIALS NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO, THAT: PART 1: AMENDMENT TO TOWN CODE.. The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended as follows: Chapter 5, Article 5-2 (Use Tax), Section 5-2-2 (Building and Construction Use Tax) is amended in its entirety to read as follows: Section 5-2-2. Buildins and Construction Use Tax., (1) Imposition -Amount. There is imposed on the privilege of using or consuming any construction and building materials of every kind and form purchased outside this Town for use or consumption within this Town a use tax of four percent (4%) of the retail purchase price of said building and construction materials. (2) Determination and Payment of Buildine and Construction Use Tax. The use tax imposed by Section 5-2-2(1) of this Ordinance shall be paid by estimate at the time the building or other permit required for the building or construction project is issued. For purposes of this Article, fifty percent (50%) of the total valuation of any building or construction project shall be deemed to be the retail value of the construction and building materials used or consumed in such project, upon which the use tax is imposed. The total valuation of any construction or building project shall be determined by using the most recent version of the International Building Code (IBC) Table of Square Foot Construction Costs published by the International Code Council, for the type of construction contemplated. The values from such IBC Table of Square Foot Construction Costs shall be multiplied by one-hundred fifty percent (150%), the local cost modifier for the Town of Fraser, to arrive at the total valuation of the building or construction project for purposes of calculating the use tax for the project. If the valuation for a particular type of building or construction project is not addressed in the IBC Table of Square Foot Construction Costs, Town staff shall determine the applicable valuation for the project from information sources that are deemed to reflect the actual costs for local construction. No building or construction permit shall be issued, and no building or construction project shall be commenced until the use tax for the project has been paid as provided in this Section. A receipt for payment of such use tax shall be issued to the taxpayer, which shall be presented upon purchase of building and construction materials so that the taxpayer will not be charged additional sales taxes on such materials. (3) Refund. Upon issuance of a certificate of occupancy for a building or construction project for which the use tax has been paid as provided in this Section, the taxpayer may apply to the Town for a refund of any overpayment of the estimated use tax by providing documentation of the actual costs of all construction or building materials used or consumed in the project upon which the tax was paid and any credits or ex:;.~xYl~ons to which the taxpayer is entitled as set forth in this Article. Any application for a refund under this Subsection must be filed with the Town within thirty (30) days after a certificate of occupancy is issued for the r~..~ect, or if no certificate of occupancy is required, within thirty (30) days after completion of the project. A taxpayer's failure to file for a refund within this time limit shall operate as an absolute forfeiture of the right to any refund of the estimated use tax paid. If a refund application is filed, all of the taxpayer's records relating to the construction project are subject to audit by the Town to determine the actual costs of materials used or consumed on the project and the proper amount of the use tax payable for the project. If the audit reveals that a refund is due, such refund shall be paid to the taxpayer, without interest, within thirty (30) days after completion of the audit. If the audit reveals a tax deficiency, the balance due shall be paid to the Town by the taxpayer within thirty (30) days following the issuance of a notice of deficiency. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Section 5-2-5. Violations-Penalty. (1) Any person who shall violate any of the provisions of this Article shall be guilty of a violation and upon conviction shall be punishable by a fine of not to exceed Three Hundred Dollars ($300.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. 2 PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: Er~r~t/CTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 1st DAY OF December. 2004 Votes in favor: 7 Votes opposed: 0 Votes abstained: 0 ti~~ ~ F~F 9 sr,~ ~%pCORA~O BOARD OF TRUSTEES OF THE TO OF FRASER, COLORADO r .. Patric~C M. I~owlett,~ayor ATTEST: 1Y1.~, Molly Mc dless, CMC, Town Clerk Published in the YVinter Park Manifest on December 8, 2004. 3