4698-18 Waiving Non-Compliance by Petitioners James A. Masters and Nancy J. Masters

Home Browse Search

BILL NO. 18-05 RESOLUTION NO. 4698-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, WAIVING NON-COMPLIANCE BY PETITIONERS JAMES A. MASTERS AND NANCY J. MASTERS WITH IND. CODE 4 6-1.1-12.1-5 ET SE WHEREAS, Petitioners James A. Masters and Nancy J. Masters ("Petitioners") are the owners of real property located in The Villas at Lake Blackthorn at 5015 Masthead Court, South Bend, Indiana on which they constructed a new residential dwelling, and WHEREAS, in conjunction with the development of The Villas at Lake Blackthorn,the South Bend Common Council granted a five year tax abatement on new residential dwellings which is in effect and was approved by Resolution 4295-13 adopted on November 14, 2013, and WHEREAS, the Petitioners have brought to the attention of the Common Council that Petitioners failed to timely file an abatement deduction application with the St. Joseph County Auditor for Tax Year 2017,pay 2018 and, as a result, Petitioners may lose the benefit of the five year tax abatement beginning with Tan Year 2017,pay 2018, unless the Common Council grants a waiver, and WHEREAS,pursuant to Ind. Code § 6-1.1-12.1-11.3 (2017), the Common Council has the authority to waive the Petitioners' failure to file a timely tax abatement deduction application with the County Auditor, and WHEREAS,the Common Council accepts the Petitioners' failure to timely file their tax abatement deduction application as an excusable mistake which resulted through inadvertence, and acknowledges that Petitioners filed a tax abatement application before the end of the tax year and before the tax bill was issued, and WHEREAS,pursuant to Ind. Code § 6-1.1-12.1-11.3(c),the Common Council has heard and considered the Petitioners' request for a waiver of non-compliance at a duly-called and public meeting of the Council, NOW,THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION 1. Acting pursuant to the authority granted to it by Ind. Code § 6-1.1-12.1- 11.3, the South Bend Common Council hereby waives the failure to comply with the deadlines of the Indiana tax abatement laws by Petitioners James A. Masters and Nancy J. Masters and, specifically,waives Petitioners' failure to file a timely or complete tax abatement deduction application with the County Auditor for Tax Year 2017,pay 2018.