The Hidden Pain of our Property Tax System.

It has become obvious in recent months that the property tax collection efforts as applied in Weber County have some serious flaws. It has come to our attention that there is possibly millions of dollars of uncollected and delinquent property taxes listed on the Weber County Web site.

The immediate response from the County Commission was that the Utah State Tax code prevents them from more aggressive collection of property taxes. That is simply not true. Section 59-2-1358 clearly provides the county with ample latitude to collect these delinquent taxes up to the final act of foreclosure.

In fact, the County did pass a minor change in 2008 regarding subdivisions that provides better leverage to collect delinquent accounts. This could be expanded beyond subdivisions to include all delinquent taxes from any developer. Weber County has many options that could be explored with some innovative thinking and application.

Our subsequent e-mail to Jan Zogmaister included some possible options for the County to consider for collection prior to foreclosure.

It is our unhappy duty to report that according to Jan Zogmaister today, the Commission is already involved in many issues regarding the county and state and she did not mention any plans to investigate or rectify this tax issue.

All the information below on taxes is available at the Weber County Web Site; it is part of the public record.

We took a sample of just 6 property owners in Ogden Valley where we live, and found that those six owe $334,000 in delinquent property taxes just for the tax year of 2007. We also found that most of them owe more for other years including the tax year of 2008.

If this sample in Ogden Valley is indicative of the entire Weber County tax base, there could be millions of uncollected and delinquent property taxes due in our County.

What makes this unacceptable is that the rest of the property owners that pay their property taxes on time, bear the burden of carrying these delinquent accounts until they are paid. In some cases this may take up to 5 years since many delinquent tax payers wait for the sale of their property before paying.

The most insidious hidden part of this process is when the land or home is sold and the delinquent taxes are finally paid, the selling property owners increase the price of the property to cover the delinquent taxes plus the penalty and interest that they pay for being delinquent. This additional cost for the property works it’s way into the tax evaluation system and results in higher property taxes for everyone in the area.

If anyone is under the impression that this is a insignificant amount of money, we suggest you visit the Weber County Web Site and review the delinquent lists starting in 2008, and back several years.

In addition, we would suggest your read the article by Lee Davidson in the Deseret News today regarding delinquent taxes.

This is a major misuse of taxpayer money, in effect almost a “Ponzi” scheme with taxpayer money. If you are unhappy about “carrying” these delinquent tax payers to the tune of millions of dollars, let your county commissioners and the Utah Governor know about it. The e-mail addresses for all Utah officials can be found at the VCRD web site http://vcrdutah.org/county.html.

Larry and Sharon Zini

Froerer Property Tax Relief Bill

Below is an overview of a residential property tax exemption bill that will be proposed by Representative Gage Froerer in the 2009 General Session of the Utah Legislation.

If passed the bill will provide relief for many residential property owners in Weber County and elsewhere who were required by county ordinance to build their homes on larger than one acre of land. The bill would also provide a vehicle for counties to penalize those individuals that illegally claim the homeowner’s exemption on multiple properties within the state.

We recommend that you give this bill your consideration, and if in agreement with it’s intent, e-mail, write or call your state representatives and senators in support of 2009FL-0057/001.

Sharon and Larry Zini

2009FL-0057/001
PROPERTY TAX - RESIDENTIAL
EXEMPTION
2009 GENERAL SESSION
STATE OF UTAH

General Description:
This bill amends provisions of the Property Tax Act relating to the residential property tax exemption.

Highlighted Provisions:
This bill:
• Amends the size of residential property that may qualify for a residential exemption due to a local zoning requirement for residential property;

• Provides that a county assessor may require an owner of residential property to file a statement showing that the property qualifies for the residential exemption with the county assessor if:
-- the residential property is sold; or
-- the county assessor has reason to believe that the residential property no longer qualifies for the residential property tax exemption;

• Provides a penalty for falsely obtaining a residential property tax exemption;

• Defines terms; and

• Makes technical changes.

Effective date.
This bill takes effect on January 1, 2010.

To read the proposed bill in its entirety, click here.

Property Taxes to supplement Sales Tax?

A recent news story stated that increased property taxes may be needed because sales tax revenue is down in Utah. This may not be a bad idea if the collection of property taxes and the prosecution of tax scofflaws were effective in Utah and Weber County. How can the county increase property taxes when they don’t seal off the loopholes used by land owners to avoid staying current on their property taxes?

My husband and I live in Ogden Valley. Fourteen months ago we brought to the attention of Commissioners Craig Dearden and Jan Zogmaister the fact that both the Weber County Planning and the Building Permit departments were granting construction petitions to developers and builders despite the fact that the petitioners had delinquent property taxes on their property. To our knowledge there still has not been any action taken to remedy this situation. In addition, we also found out that many multiple property owners in the county are claiming the primary residence tax exemption on more than one piece of property. These two problems certainly cost Weber County many thousands of dollars in revenue and restrict the cash flow into County coffers.

Despite several additional direct letters to our Weber County Commissioners on these matters (with no response), it appears that the good old boys and girl of the County Commission will continue to ignore these facts and will not take any definitive steps to close off these loopholes to improve county tax collections.

One has to wonder if every citizen did not pay their property tax on time like these scofflaws, what the revenue stream would look like for Weber County. The fine for late payment should be at least 20% for delinquent property taxes in Weber County and developers should not be granted new permits to develop or build within the county until they are current on their existing property taxes.

What makes this all so ironic, is at a general meeting in Ogden Valley over a year ago about property taxes, a Deputy Tax Assessor opened the meeting by saying to about 500 residents that the biggest property tax problem in Weber County is UNCOLLECTED PROPERTY TAXES!

Sharon Zini

KARAOKE AT THE LEGION

American Legion Post #129

604 S. 7800 E.

Huntsville, UT 84317

(Just south of Subway in Huntsville)

Hosts

“CUTTERZONE KARAOKE”

WITH

Kent Cutler!!!

over 100,000 Songs to choose from

Come and show off your talent or just for the party.

Also, come in for the Pool Player's Challenges!  

EVERY SATURDAY NIGHT @ 8 P.M.!

Ogden Canyon Lime Kiln Restored

This morning we direct you to the Weber County Forum for an excellent tribute to those who have worked diligently to get the historic Lime Kiln restored in Ogden Canyon.

The article has links to KSL video along with articles and other bits of interesting, historical trivia.

More on the Middle Fork "Road"

A couple of days ago we mentioned what appeared to be a new road dozed near Middle Fork. Today we have more details from the DWR:

To Whom It May Concern:

This is regarding the wildlife habitat improvement project at the Middle Fork Wildlife Management Area (WMA). There have been questions over the actions taken to improve wildlife habitat on the WMA. This will hopefully answer and address those questions and concerns.

The Division of Wildlife Resources is committed to improving resources for wildlife. This project is designed to accomplish this on Middle Fork WMA property. This project is an attempt to improve and restore winter habitat critical for mule deer and other wildlife species on this property.

The project will entail bulldozing a line to remove competitive perennial plants and prepare the soil to enhance seedling survival of the seeded species. The line will also contain future habitat enhancement projects that will take place in the fall of 2009. This line will be planted fall of 2008 with plant species that benefit and improve winter habitat for mule deer and other wildlife. The seeded plants will include shrubs such as Forage Kochia (Kochia prostrata) and Mountain Big Sage (Artemesia tridentata vaseyana), and herbaceous species such as dry land alfalfa (Medicago sativa), Sainfoin (Onobrychis viciifolia), Small Burnet (Sanguisorba minor) and other wildlife friendly plants. One of the concerns is that the Kochia being used is the weed Kochia scoparia or Weed Kochia. This is not the case. While Kochia scoparia is a weedy annual, Forage Kochia (Kochia prostrata) is a perennial sub-shrub that is very palatable, somewhat ever green, and provides high quality forage for wildlife. Forage Kochia has been widely used in wildlife habitat enhancement projects with great success.

The Division of Wildlife Resources is grateful for the interest and concern of the people of Ogden Valley in these important resources for the wildlife that share this area.

For questions or concerns, please contact Ron Greer, Habitat Biologist at 801-710-7324 or email at Rongreer@utah.gov.

New "Road" between Middle Fork and Geertsen

Out of nowhere, a new road up the face of the mountain between Middle Fork and Geertsen has appeared. The lack of information has spurred rumors.

Not to fear, as we received an executive update yesterday from the Utah Division of Wildlife Resourses.

We will post an email explanation from Pam Kramer of the UDWR:

UDWR has just created a fire break on the Middle Fork WMA. We will be seeding the area with forage kochia, a perennial forb which tends to stay green longer into the summer season and retard fires that may move across the property. This is part of our effort to improve habitat condition on the property and to increase the browse (shrub) component so that we can winter more deer and support other wildlife species.

I put Shanna Francis of the Ogden Valley News in touch with our restoration biologist who is working on this project so there should be an article shortly in the paper.

Let me know if you have any other questions.

Pam

Pam Kramer
Habitat Biologist
Utah Division of Wildlife Resources
515 East 5300
SouthOgden, Utah 84405

Utah high court strikes down law limiting citizen initiative powers

Article from Salt Lake Tribune November 7, 2008 by Cathy McKitrick

The Utah Supreme Court on Friday struck down a new law limiting citizen-initiative powers.

"This direct prohibition of the subject of an initiative brought otherwise within the conditions, manner and time restrictions imposed by law is beyond the power of the Legislature to enact," wrote Justice Michael Wilkins in voiding SB53.

The unanimous opinion noted that the Utah Constitution gives both the Legislature and the people equivalent power to enact or change legislation.

SB53, sponsored by Sen. Brent Goodfellow, D-West Valley City, sailed through this year's general legislative session and was signed by the governor in March. It took effect in early May.

As worded, it barred voters from launching initiatives regarding land-use ordinances. It also prohibited them from putting the implementation of a land-use ordinance to a public vote.

The appellate case of Sevier Power Co. v. Hansen was the first to test the fledgling statute.

Sharlene Hansen and other Sevier County residents joined a grass-roots effort seeking a ballot measure to see if voters approved of plans to build a coal-fired power plant in Sigurd.

They gathered enough signatures to get a place on November ballot. But 6th District Judge Wallace Lee, citing SB53, removed it.

Last week, Utah's high court ordered the measure back on the ballot - and, on Friday, issued the decision tossing out SB53.

"When we started out in February 2008, we believed we were doing a countywide right to vote," said Elaine Bonavita, a Richfield resident who helped spearhead the initiative effort. "But because of SB53, we now can say we played a part in restoring the right to vote to all Utahns."

In an April letter to Sevier County Attorney Dale Eyre, Assistant Attorney General Thom Roberts advised that courts could overturn SB53 because it infringed on a basic constitutional right.

Election Day Is Here!

Election Day: Tuesday, November 4th

What’s Happening? Local polls in Weber County are open from 7am-8pm on Tuesday, November 4th. Vote for federal, state, and local leadership positions as well as ballot questions either here in Weber County or wherever this note may find you present and eligible to vote.

Why Should I Care? Election outcomes DO make a difference in your life. Whether the question is foreign policy at the federal level or land use policy at the local level, the issues have an impact on you. As a member of a democratic society it is both your right and your responsibility to participate in the electoral process. Whether you live and vote here in Ogden Valley or elsewhere in the country, please take the time to fill out your ballot. A democracy can only be truly successful through the participation of the people.

What Can I Do? Vote. Vote. Vote.

3 strikes/ You're Out - Ogden Valley Planning Commission Approves Rock Crusher and extensions for Both Bison Creek Ranch and Trappers Crossing

This just in from one of our Humble Huntsville readers:

In a disappointing move, the OVPC rubber stamped the requests for a one year extension for the Bison Creek Ranch and Trappers Crossing subdivisions. Their claim was one we are all too accustomed to - "The developers meet the requirements of the ordinance, so we have to grant the extension." Keith Rounkles was the lone dissenting voter with regard to the Bison Creek Extension.

Even more disappointing was the Carte Blanche approval of a rock crusher in the nearby Rivers Ghetto project - or rather the Rivers Cluster development may be more politically correct - bite my tongue. After desperate pleas from neighbors and advocates, the Planning commission approved the Rock Crushing operation. Only two hero dissenters had the conviction to vote nay - Keith Rounkles and Gary Allen.

The approval did have some minor restrictions that the developer, Jamie Gull, was not happy with. First, the approval was only for 180 days from the start of the operation, and secondly, that it could only be for phase one.

Interestingly, the developer claimed he did not want the crusher for phase two because homes would be built on the land at that point. Commissioner Rounkles queried the developer by stating, "So you are concerned about your new residents, but are not concerned about the current homeowners?" The developer claimed he was taken out of context and the reason there would be no rock crusher for Phase two was that there would be homes on the site of the proposed rock crusher.

Yesterday's petition with over 70 mostly Huntsville signees was even spotlighted to no avail. Also, during an emotional plea from long time Huntsville resident, Jenifer Georgi, she asked the Planning Commissioners why and who was responsible for allowing the destruction of wetlands and wildlife habitat. She stated that her children and grandchildren would never see the former valley.

Commissioner Rounkles agreed with Ms. Georgi and said the developers ignored recommendations from DWR. He agreed with her that developers are destroying the valley, but the OVPC has no choice.

Later, the developer accused Keith of saying that his actions were illegal and that he had no idea what he was doing with respect to the DWR recommendations. They went back and forth till Chairman Cooper stopped the bantering.

Keith showed he cares, understands and will take a stand.

Is it too late to have Keith Rounkles run for President?

Please Sign Petition To The Ogden Valley Planning Commission ASAP!

It a bit of a last ditch effort, we just received a petition entitled "Ogden Valley Residents Request Denial of Rock Crushing Operation." Time is of the essence as the All-Important Planning Commission meeting is this afternoon, and the petition sponsors are trying to round up some last minute support.

To View the Petition, click here

While we think personal letters to the Commission members carry more weight, a petition certainly has a place - NOW IS THE TIME and THIS IS THE PLACE.

Time is ticking, so:

• Spread the word to your friends and neighbors via phone and email to sign the petition
• Send an email letter to the Planning Commissioners if you can - be sure to ask Ms. Sillito to pass on your letter to commissioners prior to the meeting
• Attend the 5 Pm meeting tonight
• Become informed on the issues at tonights meeting by reviewing the last few posts on the Forum

Trappers Crossing and Bison Creek Request One Year Extension and The Rivers Requests "Design Review" of Rock Crusher Operation

As we mentioned a couple of days ago, the developers from Trapper's Crossing and Bison Creek Ranch have requested a one year extension. The rubber stamp planning staff is recommending that the planning commission approve both extension requests, but we disagree.

Ron Gleason, a concerned citizen, offered his recommendations, which we will paste below. As much as we would like to send both developers packing, we agree with his recommendation for offering Trapper's Crossing an extension IF they have culinary water, while denying Bison Creek Ranch an extension for several reasons. We have added the emphasis.

The county has finally published the agenda for the 10/28 meeting. IMO there are a couple of very important items that people should attend and express their opinions or write emails to the planning staff and OVPC commissioners

The agenda can be found here

There are two items on the consent agenda. These items have to be called out at the beginning of the meeting or the consent agenda will be rubber stamped

* Request a One Year Time Extension of Final Approval for Trappers Crossing Cluster Subdivision

The developer has made much progress with the build out. The question I have has to do with culinary water. The development was approved with culinary water being managed by Eden Water and the source coming from a well on the Bison Creek property. At final approval it was indicated that a condition of Final Approval would be the availability of wet water.

Where is the water coming from since the Bison Creek project has not moved forward and what progress has been made.

The extension should be granted as long as water can be provided

* Request a One Year Time Extension of Final Approval for Bison Creek Ranch Cluster Subdivision

This extension should be denied

* Does final approval run with the land?
* Ownership has changed - As documented in letter from Paul Laughton, developer of Trappers Crossing, dated September 13, 2008 the Bison Property has changed hands.
Therefore my question is does final approval for a development run with the land?

If not then the new owner should have to get re-approval for the development.

* Is foreclosure imminent?

There are signs on the fence surrounding the property indicating a trustee sale. At the trustee citizens were informed that it was cancelled as new terms with the bank(s) were being worked on and new date in early November would be established for the trustee sale if is needed.

Is the property going to be foreclosed on?

If so then the approval should be denied.

* The development was to house a regional sewer plant with a capacity of 700 or so residential hookups. Furthermore two subdivisions, Trappers Crossing and The Rivers, were to utilize the system and have approximately 85 connections.

These two development now have their own sewer system so 1/3 of the committed connections for the sewer plant are gone.

Is the sewer plant still a viable option that the new owners can justify?

* Wet water. Similar to the sewer.

Water system was to be built, managed by Eden water and it would provide to three subdivisions; Bison Creek, The Rivers and Trappers Crossing.

Is the development of the water system still viable and will the other two subdivisions utilize the system?

On the regular agenda the follow item is important

* Approval of Design Review DR #04-08 to Operate a Rock Crusher on a Temporary Basis with the Rivers Cluster Subdivision Located at approximately 7800 East Highway 39

Everyone should download the 'meeting packet' located here

I do not know how a temporary rock crusher use can be approved as 'design review' and not a conditional use.

I recommend denial of this agenda item

Reasoning for my denial request click here