Michigan Laws 207.844 – Commercial rehabilitation exemption certificate; filing application by owner of qualified facility; notice and hearing
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 207.844
- certificate: means the certificate issued under section 6. See Michigan Laws 207.842
- Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 207.842
- district: means an area not less than 3 acres in size of a qualified local governmental unit established as provided in section 3. See Michigan Laws 207.842
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Qualified facility: means a qualified retail food establishment or a building or group of contiguous buildings of commercial property that is 15 years old or older or has been allocated for a new markets tax credit under section 45D of the internal revenue code, 26 USC 45D. See Michigan Laws 207.842
- Qualified local governmental unit: means a city, village, or township. See Michigan Laws 207.842
- Rehabilitation: means changes to a qualified facility that are required to restore or modify the property, together with all appurtenances, to an economically efficient condition. See Michigan Laws 207.842
(1) If a commercial rehabilitation district is established under section 3, the owner of a qualified facility may file an application for a commercial rehabilitation exemption certificate with the clerk of the qualified local governmental unit that established the commercial rehabilitation district. The application shall be filed in the manner and form prescribed by the commission. The application shall contain or be accompanied by a general description of the qualified facility, a general description of the proposed use of the qualified facility, the general nature and extent of the rehabilitation to be undertaken, a descriptive list of the fixed building equipment that will be a part of the qualified facility, a time schedule for undertaking and completing the rehabilitation of the qualified facility, a statement of the economic advantages expected from the exemption, including the number of jobs to be retained or created as a result of rehabilitating the qualified facility, including expected construction employment, and information relating to the requirements in section 8.
(2) Upon receipt of an application for a commercial rehabilitation exemption certificate, the clerk of the qualified local governmental unit shall notify in writing the assessor of the local tax collecting unit in which the qualified facility is located, and the legislative body of each taxing unit that levies ad valorem property taxes in the qualified local governmental unit in which the qualified facility is located. Before acting upon the application, the legislative body of the qualified local governmental unit shall hold a public hearing on the application and give public notice to the applicant, the assessor, a representative of the affected taxing units, and the general public. The hearing on each application shall be held separately from the hearing on the establishment of the commercial rehabilitation district.