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1 <br />Sec. 105. Treasurer—power of levy, distress, etc. <br />For the purpose of collecting taxes, assessments and other dues <br />to the City the Treasurer shall have the rights of distress, levy, <br />lease and garnishment as provided by the State law. All prop- <br />erty subject to levy to satisfy taxes due to the State may be taken <br />to satisfy taxes due to the City. <br />When it becomes necessary for the Treasurer to levy or dis- <br />train upon the property of any delinquent taxpayer, the same <br />shall be sold at public auction (unless the claim is satisfied prior <br />to sale) on the premises of said tax payer, or at such public place <br />as the Treasurer may deem best to secure a fair price for such <br />property. From the proceeds of such sale he shall satisfy the tax <br />due the City and all costs of collection and shall pay the residue <br />over to the said delinquent tax payer, taking his receipt therefor. <br />Sec. 106. Treasurer—tax tickets. <br />It shall be the duty of the Treasurer to make off from the <br />books of the Commissioner of Revenue, for each tax payer shown <br />therein a tax ticket according to forms prescribed by the State <br />Department of Taxation. Upon collecting such tax he shall de- <br />liver to the tax payer such tax ticket showing plainly the date of <br />payment. <br />42 CHARLOTTESVILLE CITY CODE <br />Sec. 107. Treasurer—to mail bills to tax payers. <br />The Treasurer shall as soon as may be possible in each year, <br />not later than December first, send by United States mail to each <br />tax payer assessed with as much as five dollars in taxes for that <br />year, as shown by books in his office, a bill or bills for such taxes <br />in the form prescribed by the State Department of Taxation. <br />Sec. 108. Treasurer — when to receive taxes — when <br />penalty attaches—to call on each tax payer—when <br />he may distrain. <br />The Treasurer shall commence to receive taxes as soon as he <br />receives copies of the Commissioner's book and to continue to re- <br />ceive the same up to and including the fifth day of December of <br />each year. <br />Any person failing to pay taxes on or before the fifth day of <br />December shall incur a penalty thereon of five percentum, which <br />shall be added to the amount of taxes due f rom such tax payer, <br />which, when collected by the Treasurer, shall be accounted for in <br />his settlements. <br />It shall be the duty of the Treasurer after the fifth day of De- <br />cember to call upon each person chargeable with taxes who has <br />not paid the same prior to that time, or upon the agent, if any, of <br />such person resident within the City for the payment therepf ; <br />and upon failure or refusal of such person or agent to pay the <br />same, he shall proceed to collect them by distress or otherwise. <br />Should it come to the knowledge of the Treasurer that any <br />such person or persons owing such taxes is moving or contem- <br />plates moving from the City prior to the fifth day of December, <br />he shall have the power to collect the same by distress or other- <br />wise at any time after such bills shall have come into his hands. <br />Sec. 109. Treasurer—additional penalty of five per cen- <br />tum to be paid on all taxes after June fifteenth of <br />the year next succeeding that in which they were <br />assessed—interest. <br />An additional penalty of five percentum shall be collected upon <br />all taxes which may have heretofore not been paid or may here- <br />after remain unpaid, after the fifteenth day of June in the year <br />next succeeding that in which such taxes have been or may have <br />11 <br />GENERAL ORDINANCES 43 <br />been or may be assessed. Such additional penalty shall be com- <br />puted upon the taxes and the prior penalty of five percentum; <br />and interest at the rate of six percentum per annum shall be col- <br />lected upon the principal and penalties of said taxes from the six- <br />teenth day of June in the year after which such unpaid taxes <br />were assessed, which penalties and interest shall be collected and <br />accounted for by the Treasurer along with the principal of such <br />taxes. <br />Sec. 110. Treasurer—to make out lists of uncollectible <br />taxes and delinquents. <br />The Treasurer after ascertaining which of the taxes and levies <br />assessed can not be collected, shall, not later than the first day of <br />July in each year, make out a list as follows: <br />(1) A list of real estate on the Commissioner's land book im- <br />properly placed thereon or not ascertainable, with the amount of <br />taxes and levies charged thereon. <br />(2) A list of other real estate which is delinquent for the non- <br />payment of the taxes and levies thereon. <br />(3) A list of such of the taxes and levies assessed on tangible <br />personal property, machinery and tools, and merchants capital or <br />other subjects, segregated for local taxation exclusively, except <br />real estate, as he is unable to collect. <br />Sec. 111. Treasurer—delinquent list to speak as of <br />June fifteenth of each year—form of lists oath. <br />The lists mentioned in the preceding section shall speak as of <br />June fifteenth of each year—that is to say, such lists shall con- <br />form to the facts as they existed on such date. <br />Such lists and also, except as herein provided, the form of the <br />oath to be taken by the Treasurer by which each list shall be <br />verified shall be as prescribed by the State Department of Taxa- <br />tion. The oath shall declare that the Treasurer verily believes <br />that no part of the taxes embraced in such lists has been or could <br />have been collected by him. But the Treasurer in returning the <br />list of real estate in the paragraph (2) in the preceding section <br />shall, at the foot of such list subscribe the following oath: <br />"I .................. Treasurer of the City of Charlottes- <br />ville, do swear that the foregoing lists is, I verily believe, correct <br />44 CHARLOTTESVILLE CITY CODE <br />and just; that I have received no part of the taxes for which the <br />real estate therein mentioned is returned delinquent; that I have <br />endeavored to rent out the respective tracts and lots of land pub- <br />licly after due advertising, and failing in that, privately, as re- <br />quired by law, and have been unable to do so; that there was, and <br />is, no tenant upon any of the respective lots and tracts of land <br />from whom said taxes could or can be collected; and that I have <br />otherwise used diligence to find property within my City liable to <br />distress for said taxes and have found none." <br />Sec. 112. Treasurer—delinquent lists to be submitted <br />to the council—advertisement. <br />A copy of each of the three lists mentioned in Section 110 here- <br />of shall be submitted by the Treasurer to the Council. Such lists <br />shall be submitted at the first meeting of the Council held after <br />the Treasurer shall have completed the lists. <br />The Council or a committee thereof, together with the Auditor <br />and Commissioner of Revenue shall examine said lists and if the <br />same are found correct, the Auditor shall allow the Treasurer <br />credit for the amounts thereof, in his annual settlement which <br />shall be made as of the first of September in each year; but If <br />such lists, or any of them, be found incorrect, credit shall be al- <br />lowed for only so much thereof as is correct. The Auditor shall <br />deliver a copy of the first of said lists to the Commissioner of <br />Revenue who shall correct his books accordingly. <br />The Council shall cause such lists mentioned in paragraphs 2 <br />and 3 of Section 110, or such parts thereof as may be deemed ad- <br />visable, to be published for two successive weeks in a newspaper <br />in the City, or in handbills to be posted generally throughout the <br />City, and at the front door of the Courthouse for three successive <br />terms of the court. <br />Sec. 113. Treasurer — list of delinquent lands trans- <br />mitted to clerk of corporation court—recordation— <br />monthly reports of collections. <br />A certified copy of the list mentioned in paragraph 2 of Sec- <br />tion 110 hereof shall be transmitted by the Treasurer to the Clerk <br />of the Corporation Court not later than the first day of July in <br />each year, and such Clerk shall forthwith record such list in a <br />GENERAL ORDINANCES 41 <br />sources the receipts were derived, which report when approved <br />by the Council, or in such manner as the Council may direct, <br />shall be published in one or more of the newspapers of the City <br />on or before the twentieth day of December, March, June and <br />September of each year. <br />Sec. 103. Treasurer—duties to withhold wages. <br />The Treasurer shall not pay the wages to any officer or em- <br />ployee of the City who may be indebted to the City unless the <br />amount of the indebtedness shall be less than the amount of wages <br />due, in which case he may pay over the excess. <br />Sec. 104. Treasurer—duty to collect taxes, etc. <br />It shall be the duty of the Treasurer to collect all taxes, assess- <br />ments and penalties and such other income and revenue as he <br />may be required to collect by the Council. <br />1 <br />Sec. 105. Treasurer—power of levy, distress, etc. <br />For the purpose of collecting taxes, assessments and other dues <br />to the City the Treasurer shall have the rights of distress, levy, <br />lease and garnishment as provided by the State law. All prop- <br />erty subject to levy to satisfy taxes due to the State may be taken <br />to satisfy taxes due to the City. <br />When it becomes necessary for the Treasurer to levy or dis- <br />train upon the property of any delinquent taxpayer, the same <br />shall be sold at public auction (unless the claim is satisfied prior <br />to sale) on the premises of said tax payer, or at such public place <br />as the Treasurer may deem best to secure a fair price for such <br />property. From the proceeds of such sale he shall satisfy the tax <br />due the City and all costs of collection and shall pay the residue <br />over to the said delinquent tax payer, taking his receipt therefor. <br />Sec. 106. Treasurer—tax tickets. <br />It shall be the duty of the Treasurer to make off from the <br />books of the Commissioner of Revenue, for each tax payer shown <br />therein a tax ticket according to forms prescribed by the State <br />Department of Taxation. Upon collecting such tax he shall de- <br />liver to the tax payer such tax ticket showing plainly the date of <br />payment. <br />42 CHARLOTTESVILLE CITY CODE <br />Sec. 107. Treasurer—to mail bills to tax payers. <br />The Treasurer shall as soon as may be possible in each year, <br />not later than December first, send by United States mail to each <br />tax payer assessed with as much as five dollars in taxes for that <br />year, as shown by books in his office, a bill or bills for such taxes <br />in the form prescribed by the State Department of Taxation. <br />Sec. 108. Treasurer — when to receive taxes — when <br />penalty attaches—to call on each tax payer—when <br />he may distrain. <br />The Treasurer shall commence to receive taxes as soon as he <br />receives copies of the Commissioner's book and to continue to re- <br />ceive the same up to and including the fifth day of December of <br />each year. <br />Any person failing to pay taxes on or before the fifth day of <br />December shall incur a penalty thereon of five percentum, which <br />shall be added to the amount of taxes due f rom such tax payer, <br />which, when collected by the Treasurer, shall be accounted for in <br />his settlements. <br />It shall be the duty of the Treasurer after the fifth day of De- <br />cember to call upon each person chargeable with taxes who has <br />not paid the same prior to that time, or upon the agent, if any, of <br />such person resident within the City for the payment therepf ; <br />and upon failure or refusal of such person or agent to pay the <br />same, he shall proceed to collect them by distress or otherwise. <br />Should it come to the knowledge of the Treasurer that any <br />such person or persons owing such taxes is moving or contem- <br />plates moving from the City prior to the fifth day of December, <br />he shall have the power to collect the same by distress or other- <br />wise at any time after such bills shall have come into his hands. <br />Sec. 109. Treasurer—additional penalty of five per cen- <br />tum to be paid on all taxes after June fifteenth of <br />the year next succeeding that in which they were <br />assessed—interest. <br />An additional penalty of five percentum shall be collected upon <br />all taxes which may have heretofore not been paid or may here- <br />after remain unpaid, after the fifteenth day of June in the year <br />next succeeding that in which such taxes have been or may have <br />11 <br />GENERAL ORDINANCES 43 <br />been or may be assessed. Such additional penalty shall be com- <br />puted upon the taxes and the prior penalty of five percentum; <br />and interest at the rate of six percentum per annum shall be col- <br />lected upon the principal and penalties of said taxes from the six- <br />teenth day of June in the year after which such unpaid taxes <br />were assessed, which penalties and interest shall be collected and <br />accounted for by the Treasurer along with the principal of such <br />taxes. <br />Sec. 110. Treasurer—to make out lists of uncollectible <br />taxes and delinquents. <br />The Treasurer after ascertaining which of the taxes and levies <br />assessed can not be collected, shall, not later than the first day of <br />July in each year, make out a list as follows: <br />(1) A list of real estate on the Commissioner's land book im- <br />properly placed thereon or not ascertainable, with the amount of <br />taxes and levies charged thereon. <br />(2) A list of other real estate which is delinquent for the non- <br />payment of the taxes and levies thereon. <br />(3) A list of such of the taxes and levies assessed on tangible <br />personal property, machinery and tools, and merchants capital or <br />other subjects, segregated for local taxation exclusively, except <br />real estate, as he is unable to collect. <br />Sec. 111. Treasurer—delinquent list to speak as of <br />June fifteenth of each year—form of lists oath. <br />The lists mentioned in the preceding section shall speak as of <br />June fifteenth of each year—that is to say, such lists shall con- <br />form to the facts as they existed on such date. <br />Such lists and also, except as herein provided, the form of the <br />oath to be taken by the Treasurer by which each list shall be <br />verified shall be as prescribed by the State Department of Taxa- <br />tion. The oath shall declare that the Treasurer verily believes <br />that no part of the taxes embraced in such lists has been or could <br />have been collected by him. But the Treasurer in returning the <br />list of real estate in the paragraph (2) in the preceding section <br />shall, at the foot of such list subscribe the following oath: <br />"I .................. Treasurer of the City of Charlottes- <br />ville, do swear that the foregoing lists is, I verily believe, correct <br />44 CHARLOTTESVILLE CITY CODE <br />and just; that I have received no part of the taxes for which the <br />real estate therein mentioned is returned delinquent; that I have <br />endeavored to rent out the respective tracts and lots of land pub- <br />licly after due advertising, and failing in that, privately, as re- <br />quired by law, and have been unable to do so; that there was, and <br />is, no tenant upon any of the respective lots and tracts of land <br />from whom said taxes could or can be collected; and that I have <br />otherwise used diligence to find property within my City liable to <br />distress for said taxes and have found none." <br />Sec. 112. Treasurer—delinquent lists to be submitted <br />to the council—advertisement. <br />A copy of each of the three lists mentioned in Section 110 here- <br />of shall be submitted by the Treasurer to the Council. Such lists <br />shall be submitted at the first meeting of the Council held after <br />the Treasurer shall have completed the lists. <br />The Council or a committee thereof, together with the Auditor <br />and Commissioner of Revenue shall examine said lists and if the <br />same are found correct, the Auditor shall allow the Treasurer <br />credit for the amounts thereof, in his annual settlement which <br />shall be made as of the first of September in each year; but If <br />such lists, or any of them, be found incorrect, credit shall be al- <br />lowed for only so much thereof as is correct. The Auditor shall <br />deliver a copy of the first of said lists to the Commissioner of <br />Revenue who shall correct his books accordingly. <br />The Council shall cause such lists mentioned in paragraphs 2 <br />and 3 of Section 110, or such parts thereof as may be deemed ad- <br />visable, to be published for two successive weeks in a newspaper <br />in the City, or in handbills to be posted generally throughout the <br />City, and at the front door of the Courthouse for three successive <br />terms of the court. <br />Sec. 113. Treasurer — list of delinquent lands trans- <br />mitted to clerk of corporation court—recordation— <br />monthly reports of collections. <br />A certified copy of the list mentioned in paragraph 2 of Sec- <br />tion 110 hereof shall be transmitted by the Treasurer to the Clerk <br />of the Corporation Court not later than the first day of July in <br />each year, and such Clerk shall forthwith record such list in a <br />