1973 ORDINANCES - Laserfiche WebLink

Home Browse Search

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF CHARLOTTESVILLE, 1965 BY ADDING IN CHAPTER 11.1 THEREOF AN ARTICLE VI, CONTAINING SECTIONS NUMBERED 11.1-18 THROUGH 11.1-25, ENTITLED "REAL ESTATE TAX RELIEF FOR THE ELDERLY," SO AS TO PROVIDE CERTAIN EXEMPTIONS FROM REAL ESTATE TAXATION FOR CERTAIN ELDERLY PERSONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, THAT THE CODE OF THE • CITY OF CHARLOTTESVILLE, 1965, BE AMENDED BY THE ADDITION IN CHAPTER 11.1 THEREOF AN ARTICLE VI CONTAINING SECTIONS NUMBERED 11.1-18 THROUGH 11.1-25, AS FOLLOWS: ARTICLE VI REAL ESTATE TAX RELIEF FOR THE ELDERLY SECTION 11.1-18. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM BY THIS SECTION UNLESS ANOTHER MEANING SHALL CLEARLY APPEAR FROM THE CONTEXT: (A) "AFFIDAVIT" SHALL MEAN THE REAL ESTATE TAX EXEMPTION AFFIDAVIT. (B) "DWELLING" SHALL MEAN THE SOLE RESIDENCE OF THE PERSON OR PERSONS CLAIMING EXEMPTION. (C) "EXEMPTION" SHALL MEAN THE PERCENTAGE EXEMPTION FROM THE REAL PROPERTY TAX IMPOSED BY THE CITY OF CHARLOTTESVILLE ALLOWABLE UNDER THE PROVISIONS OF THIS ARTICLE. (D) "TAXABLE YEAR" SHALL MEAN THE CALENDAR YEAR, FROM JANUARY IST THROUGH DECEMBER 31ST, FOR WHICH SUCH REAL PROPERTY TAX IS IMPOSED OR EXEMPTION CLAIMED. SECTION 11.1-19. STATEMENT OF PURPOSE; EFFECTIVE DATE. IT IS HEREBY DECLARED TO BE THE PURPOSE OF THIS ARTICLE TO PROVIDE REAL ESTATE TAX EXEMPTIONS FOR QUALIFIED PROPERTY OWNERS WHO ARE NOT LESS THAN SIXTY-FIVE YEARS OF AGE AND WHO ARE OTHERWISE ELIGIBLE ACCORDING TO THE TERMS OF THIS ARTICLE. PURSUANT TO THE AUTHORITY OF § 58-760.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED, THE CITY COUNCIL FINDS AND DECLARES THAT PERSONS QUALIFYING FOR EXEMPTION HEREUNDER ARE BEARING AN EXTRAORDINARY REAL ESTATE TAX BURDEN IN RELATION TO THEIR INCOME AND FINANCIAL WORTH. THIS ARTICLE SHALL BE EFFECTIVE, AS OF THE DATE OF THIS ORDINANCE, TO PROVIDE FOR SUCH EXEMPTION FOR THE TAXABLE YEAR 1973 AND SUBSEQUENT TAXABLE YEARS. SECTION 11.1-20. REQUIREMENTS FOR EXEMPTION. EXEMPTION PURSUANT TO THIS ARTICLE SHALL BE GRANTED TO PERSONS AND FOR PROPERTY COMPLYING WITH THE FOLLOWING PROVISIONS: (A) THE TITLE TO THE PROPERTY FOR WHICH EXEMPTION IS CLAIMED IS HELD, OR PARTIALLY HELD BY THE PERSON OR PERSONS CLAIMING SUCH EXEMPTION, AS OF JANUARY 13T OF THE TAXABLE YEAR FOR WHICH SUCH EXEMPTION IS CLAIMED. (B) THE DWELLING FOR WHICH THE EXEMPTION IS CLAIMED IS OCCUPIED AS THE SOLE DWELLING OF SUCH CLAIMANT OR CLAIMANTS. (C) THE HEAD OF HOUSEHOLD CLAIMING SUCH EXEMPTION IS SIXTY-FIVE YEARS OF AGE, OR OLDER AS OF DECEMBER 31ST OF THE YEAR IMMEDIATELY PRECEDING THE TAXABLE YEAR FOR WHICH THE EXEMPTION IS CLAIMED. • (D) THE GROSS COMBINED INCOME FROM ALL SOURCES OF SUCH CLAIMANT OWNER(S) OF SUCH DWELLING LIVING THEREIN, AND OF THEIR RELATIVES LIVING IN SUCH DWELLING, FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR DOES NOT EXCEED THE SUM OF SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500). PROVIDED, HOWEVER, THAT THE FIRST $1500 OF INCOME OF EACH RELATIVE OTHER THAN SPOUSE, OF SUCH CLAIMANT OWNER(S), WHO IS LIVING IN SUCH DWELLING SHALL NOT BE INCLUDED IN SUCH TOTAL. (E) THE NET COMBINED FINANCIAL WORTH OF SUCH CLAIMANT OWNER(S) AND OF THEIR RELATIVES LIVING IN SUCH DWELLING AS OF DECEMBER 31ST OF THE YEAR IMMEDIATELY PRECEDING THE TAXABLE YEAR FOR WHICH THE EXEMPTION IS CLAIMED DOES NOT EXCEED TWENTY THOUSAND DOLLARS (20,000). NET COMBINED FINANCIAL WORTH SHALL INCLUDE THE VALUE OF ALL ASSETS, INCLUDING EQUITABLE INTERESTS, EXCLUSIVE OF THE FAIR MARKET VALUE OF THE DWELLING FOR WHICH EXEMPTION IS CLAIMED AND OF THE LAND, NOT EXCEEDING ONE ACRE, UPON WHICH IT IS SITUATED. SECTION 11.1-21. PROCEDURE FOR CLAIMING AND GRANTING EXEMPTION. • (A) ANNUALLY, AND NOT LATER THAN FEBRUARY 13T OF EACH TAXABLE YEAR, EVERY PERSON OR PERSONS CLAIMING AN EXEMPTION UNDER THIS ARTICLE SHALL FILE A REAL ESTATE TAX EXEMPTION AFFIDAVIT WITH THE COMMISSIONER OF REVENUE OF THE CITY OF CHARLOTTESVILLE; PROVIDED, HOWEVER, THAT FOR THE TAXABLE YEAR