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  • Commission hears that ordinance is not necessary according to County Assessor


By Myrna Trauntvein
Times-News Correspondent

An ordinance requiring county residents to declare whether or not their home is a primary or secondary residence is not necessary.

The ordinance which could be adopted by any county, according to regulations set forth in Utah HB 305, is not one that Juab County needs according to research done by Shirl Nichols, county assessor, at the request of Juab County Commissioners.

"Some counties will find this ordinance beneficial," said Nichols. "Ours is not one of them."

Counties are not required to adopt an ordinance but can, and, if they wish, can do so at a later date. They do not need to adopt the ordinance by Jan. 1, 2003, unless they want the benefit of property tax to come to them this year.

The bill was designed to assist counties like Washington County, for example, where there are many residents who live in the community for the winter in homes that are not primary residences.

"Counties with communities like Park City or St. George, will benefit because they need to collect taxes on secondary residences," he said.

Juab County only has a few people who would have a secondary residence in the county, mostly cabins, and would find an ordinance requiring a declaration of primary and secondary residences more of a nuisance than a benefit.

The legal opinion of David Leavitt, county attorney, also agreed with the assessment made by Nichols.

Such an ordinance would create more paperwork for county offices, more headache for residents, and more problems for county commissioners at the Board of Equalization hearings than it would be worth.

"In Juab County, most of the homes which are occupied are primary residences," said Nichols.

The only way to handle the ordinance requirement would be to send a form to all residents and have them bring the form in to the county building. Many of them would not notice the form and would then have to attend B.O.E. hearings.

The writing of an ordinance will benefit Washington County, and other places like it, because a primary residence would be assessed at 50 percent of value and a secondary residence would be assessed at 100 percent of value.