HomeMy WebLinkAbout049-O-23 Amending City Code Section 4-18-3 Concerning the Demolition Tax5/8/2023
49-O-23
AN ORDINANCE
Amending City Code Section 4-18-3 Concerning the Demolition Tax
WHEREAS, the City of Evanston Code currently imposes a housing
demolition tax for the demolition of a residential structure within the City; and
WHEREAS, the housing demolition tax is adjusted each year based on
the Consumer Price Index and was last amended by ordinance in 2019; and
WHEREAS, the Evanston City Council believes it is in the best interests of
the City to amend the Code to increase the housing demolition tax in order to add these
funds to the City’s affordable housing fund.
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 4-18-4 “Tax Imposed” of the Evanston City Code of
2012, as amended, is hereby amended as follows:
4-18-3. – TAX IMPOSED.
(A) Amount of Tax. Any person granted a permit under this code for demolition of a
residential structure shall pay an affordable housing demolition tax of: 1) fifteen
twenty thousand dollars ($15 20,000.00) for the demolition of any single-family
detached residential structure, or 2) for the demolition of any multi-family, single-
family attached, or two-family residential structure, either fifteen twenty thousand
dollars ($15 20,000.00) plus four thousand dollars ($4,000.00) for each additional
unit above the first unit for two (2) to five (5) unit buildings or seven thousand five
hundred dollars ($7,500.00) for each unit in the structure for buildings above five (5)
units. five thousand dollars ($5,000.00) for each unit in the structure, whichever
amount is more. The demolition tax will be adjusted annually on January 1st based
on the Consumer Price Index. The tax imposed pursuant to this Subsection shall be
in addition to the demolition permit fee established from time to time by the City
Council and all other applicable fees and charges. Payment of the tax, unless
deferred as provided in Section 4-18-4 of this Chapter, shall be due upon issuance
of a demolition permit by the department, and is a condition to the validity of the
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permit. The City shall have a lien against the property which was the subject of the
demolition permit until applicable tax obligations imposed by this Chapter are
satisfied. The funds received by the City for the amount imposed pursuant to this
Subsection shall be dedicated to achievement of the affordable housing goals and
objectives as set forth in Section 4-18-1 of this Chapter. The demolition tax funds
received pursuant to the tax imposed by this Chapter shall be deposited directly
into the affordable housing fund.
(B) Specific Applicability Rules. Notwithstanding the general requirement set forth in
Subsection (A) of this Section, the tax shall not apply under the following
circumstances. This Subsection, however, shall not affect an applicant's obligation
to pay the demolition permit fee.
1. If the applicant and the City enter into an agreement for the provision of
"affordable housing" as defined in Section 4-18-2 of this Chapter in conjunction
with the demolition that would otherwise be the subject of Subsection (A) of
this Section. Any such agreement shall require prior City Council approval and
shall specifically set forth the applicability of this Subsection.
2. If the Director determines, pursuant to regulations enacted by the City Council,
that the building or structure replacing the building or structure that is the
subject of the demolition permit constitutes "affordable housing" as defined in
Section 4-18-2 of this Chapter.
3. If the Director or any other City department head, or their respective
designees, orders a demolition for any reason, including, but not limited to,
nuisance, public safety, or fire hazard, this tax shall not apply, regardless of
whether the demolition work is performed by a public or private entity.
(C) General Applicability. Imposition of the tax provided for by Subsection (A) of this
Section shall not apply to any demolition for which a perfected application for the
demolition permit was on file with the City on or before the effective date hereof.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
May 8
June 26
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