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05-06-13 Council Packet
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05-06-13 Council Packet
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City Council
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Council Packet
Meeting Date
05/06/2013
Council Meeting Type
Work Session Regular
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Anoka County City of Lino Lakes <br />51 <br /> <br />274.01 BOARD OF APPEAL AND EQUALIZATION. <br /> Subdivision 1. Ordin ary board; meetings, deadlines, grievances. (a) The town board of a town, or the <br />council or other governing body of a city, is the board of appeal and equalization except (1) in cities whose <br />charters provide for a board of equalization or (2) in any city o r town that has transferred its local board of review <br />power and duties to the county board as provided in subdivision 3. The county assessor shall fix a day and time <br />when the board or the board of equalization shall meet in the assessment districts of the county. Notwithstanding <br />any law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and <br />equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city <br />o r town clerk. Notwithstanding the provisions of any charter to the contrary, the meetings must be held between <br />April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days <br />before the date of the meeting. T he board shall meet at the office of the clerk to review the assessment and <br />classification of property in the town or city. No changes in valuation or classification which are intended to <br />correct errors in judgment by the county assessor may be made by the county assessor after the board has <br />adjourned in those cities or towns that hold a local board of review; however, corrections of errors that are merely <br />clerical in nature or changes that extend homestead treatment to property are permitted after adjournm ent until <br />the tax extension date for that assessment year. The changes must be fully documented and maintained in the <br />assessor's office and must be available for review by any person. A copy of the changes made during this period <br />in those cities or towns t hat hold a local board of review must be sent to the county board no later than December <br />31 of the assessment year.(b) The board shall determine whether the taxable property in the town or city has <br />been properly placed on the list and properly valued by th e assessor. If real or personal property has been <br />omitted, the board shall place it on the list with its market value, and correct the assessment so that each tract or <br />lot of real property, and each article, parcel, or class of personal property, is entere d on the assessment list at its <br />market value. No assessment of the property of any person may be raised unless the person has been duly <br />notified of the intent of the board to do so. On application of any person feeling aggrieved, the board shall review <br />the assessment or classification, or both, and correct it as appears just. The board may not make an individual <br />market value adjustment or classification change that would benefit the property if the owner or other <br />person having control over the property has refused the assessor access to inspect the property and <br />the interior of any buildings or structures as provided in section 273.20 .(c) A local board may reduce <br />assessments upon petit ion of the taxpayer but the total reductions must not reduce the aggregate assessment <br />made by the county assessor by more than one percent. If the total reductions would lower the aggregate <br />assessments made by the county assessor by more than one percent, none of the adjustments may be made. <br />The assessor shall correct any clerical errors or double assessments discovered by the board without regard to <br />the one percent limitation.(d) A local board does not have authority to grant an exemption or to order prope rty <br />removed from the tax rolls.(e) A majority of the members may act at the meeting, and adjourn from day to day <br />until they finish hearing the cases presented. The assessor shall attend, with the assessment books and papers, <br />and take part in the proceeding s, but must not vote. The county assessor, or an assistant delegated by the <br />county assessor shall attend the meetings. The board shall list separately, on a form appended to the <br />assessment book, all omitted property added to the list by the board and all i tems of property increased or <br />decreased, with the market value of each item of property, added or changed by the board, placed opposite the <br />item. The county assessor shall enter all changes made by the board in the assessment book.(f) Except as <br />provided in subdivision 3, if a person fails to appear in person, by counsel, or by written communication before <br />the board after being duly notified of the board's intent to raise the assessment of the property, or if a person <br />feeling aggrieved by an assessment or cl assification fails to apply for a review of the assessment or classification, <br />the person may not appear before the county board of appeal and equalization for a review of the assessment or <br />classification. This paragraph does not apply if an assessment was made after the local board meeting, as <br />provided in section 273.01 , or if the person can establish not having received notice of market value at least five <br />days before the local boar d meeting.(g) The local board must complete its work and adjourn within 20 days from <br />the time of convening stated in the notice of the clerk, unless a longer period is approved by the commissioner of <br />revenue. No action taken after that date is valid. All c omplaints about an assessment or classification made after <br />the meeting of the board must be heard and determined by the county board of equalization. A nonresident may, <br />at any time, before the meeting of the board file written objections to an assessment o r classification with the <br />county assessor. The objections must be presented to the board at its meeting by the county assessor for its <br />consideration. <br /> Subd. 2. Special board; duties delegated. The governing body of a city, including a city whose charter <br />provides for a board of equalization, may appoint a special board of review. The city may delegate to the special <br />board of review all of the powers and duties in subdivision 1. The special board of review shall serve at the <br />direction and discretion of the appointing body, subject to the restrictions imposed by law. The appointing body <br />shall determine the number of members of the board, the compensation and expenses to be paid, and the term
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