19781017 1978-18ORDINANCE NO. 1978-18
AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER
7 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA,
PROVIDING FOR REAL ESTATE TAX RELIEF FOR THE
ELDERLY: QUALIFICATIONS AND PENALTY.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Article VII of Chapter 7 of the Code of the City
of Fairfax, Virginia, be and it hereby is amended in the following
manner:
1. That section 7.29 of the said Article be and it hereby is
amended to read in its entirety as follows:
"Sec. 7.29 Definitions.
For the purpose of this Article, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
"Affidavit" shall mean the Real Estate Tax Exemption
Affidavit.
"City" shall mean the City of Fairfax, Virginia.
"City Council" shall mean the City Council of the City
of Fairfax, Virginia.
"City Manager" shall mean the City Manager of the City
of Fairfax, Virginia, or any of his duly authorized deputies or
agents.
"Dwelling" shall mean the full time residence of the
person or persons claiming exemption.
"Exemption" shall mean exemption from the City of Fairfam
Real Estate Tax according to the provisions of this Article.
"Permanently and totally disabled" shall mean unable to
engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment or deformity
which can be expected to result in death or can be expected to
last for the duration of such person's life.
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"Property" shall mean real property.
"Taxable Year" shall mean the calendar year, from
January 1 until December 31, for which exemption is claimed."
2. That section 7.30 of the said Article be and it hereby
is amended to read in its entirety as follows:
"Sec. 7.30. Exemption Authorized.
Real estate tax exemption is hereby provided for
qualified property owners, who are eligible according to the terms
of this Article and either (a) are not less than 65 years of age,
or (b) are determined to be permanently and totally disabled.
Persons qualifying for exemption are deemed to be bearing an
extraordinary real estate tax burden in relation to their income
and financial worth."
3. That section 7.31 of the said Article be and it hereby
is amended to read in its entirety as follows:
"Sec. 7.31. Administration of the Exemption.
The exemption shall be administered by the City Manager,
or his designee, according to the provisions of this Article. ThE
City Manager is hereby authorized and empowered to prescribe, adop
promulgate and enforce rules and' regulations in conformance with
the provisions of this Article, including the requirement of
answers under oath, as may be reasonably necessary to determine
qualifications for exemption as specified by this Article,
including qualification as permanently and totally disabled. The
City Manager may require the production of certified Federal tax
returns and appraisal reports to establish income or financial
worth."
4. That section 7.32(b) of the said Article be and it hereb~
is amended to read in its entirety as follows:
"b. The head of the household occupying the dwelling as
his sole dwelling and in whose name, title, or an interest in
title is vested must, on December 31 of the year immediately prece~
the taxable year, be either
(i) 65 years or older, or
(ii) permanently and totally disabled."
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5. That section 7.32(c) of the said Article be and it hereby
is amended to read in its entirety as follows:
"c. The gross combined income of the owner(s) during the
year immediately preceding the taxable year must be determined by
the City Manager to be an amount not in excess of $10,000.
Gross combined income shall include all income from all sources
of the owner(s) and of the relatives of the owner(s) living in the
dwelling for which exemption is claimed. The first $4,000 of the
total income of all such relatives will be exempted."
6. That section 7.33(b) of the said Article be and it hereby
is amended to read in its entirety as follows:
"b. The Affidavit shall set forth, in a manner pre-
scribed by the City Manager, the names of the owner or owners
and of the related persons occupying the dwelling for which exemptJ
is claimed, their gross combined income, and their total combined
net worth. If the person or persons claiming an exemption is under
sixty-five years of age such Affidavit shall have attached thereto
!
a certification by the Social Security Administration, the Veteran
Administration, or the Railroad Retirement Board, or if such person
is not eligible for certification by any of these agencies, a
sworn affidavit by two medical doctors licensed to practice medicir
in the Commonwealth, to the effect that such person is permanently
and totally disabled, as defined in section 7.29 hereinabove. The
affidavit of at least one of such doctors shall be based upon
a physical examination of su'ch person by such doctor. The affidavi
of one of such doctors may be based upon medical information con-
tained in the records of the Civil Service Commission which is
relevant to the standards for determining permanent and total
disability.
7. That section 7.34 of the said Article be and it hereby is
amended to read in its entirety as follows:
"Sec. 7.34. Calculation of Amount of Exemption; limitation.
For eligible owners with a gross combined income not in
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excess of $2,500, the amount of exemption from real estate tax for
any taxable year shall be equal to their real estate tax liability
For eligible owners with a gross combined income in excess of
$2,500, the amount of exemption from real estate tax for any
taxable year shall be the difference between their real estate
tax liability and the sum of the following:
Two per centum of the amount of gross combined income in
excess of $2,500, but not in excess of $3,500; and
Three per centum of such income in excess of $3,500, but
not in excess of $4,500; and
Four per centum of such income in excess of $4,500, but not
in excess of $5,500; and
Five per centum of such income in excess of $5,500, but
not in excess of $6,500; and
Six per centum of such income in excess of $6,500, but not
in excess of $7,500; and
Seven per centum of such income in excess of $7,500, but
not in excess of $8,500; and
Eight per centum of such income in excess of $8,500, but
not in excess of $9,500; and
Nine per centum of such income in excess of $9,500, but
not in excess of $10,000.
Provided, however, that the amount of exemption from real
estate tax shall in no event exceed $650 for any taxable year.
This amendment shall become effective January 1, 1979.
Introduced: September 26, 1978
Adopted: October 17, 1978
Mayor
ATTEST:
City Cler~ /