Loading...
19730116 1973-1ORDINANCE NO. 1973-1__ AN ORDINANCE ADDING A NEW ARTICLE TO 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 Chapter 7 of the Code of the City of Fairfax, Virginia, be and it hereby is amended by adding a new article, Article VII, reading in its entirety as follows: ARTICLE VII. REAL ESTATE TAX RELIEF FOR THE ELDERLY 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. Virginia. "City" shall mean Fairfax City, Virginia. "City Council" shall mean the City Council of Fairfax City, "City Manager" shall mean the City Manager of Fairfax City, 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 Fairfax Real Estate Tax according to the provisions of this Article. "Property" shall mean real property. "Taxable Year" shall mean the calendar year, from January 1 until December 31, for which exemption is claimed. Sec. 7.30 Exemption Authorized; Effective Date. Real estate tax exemption is hereby provided for qualified property owners, who are not less than 65 years of age and who are eligible according to the terms of this Article. Persons qualifying for exemption are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth. The ef- fective date of this Article shall be January 1, 1973. 1973-1 Sec 31 Administration of the Exem t~_~p_~- 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, adopt, 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. The City Manager may require the production of certified Federal tax returns and appraisal reports to establish income or financial worth. Sec. 7.32. Qualifications for Exem t~g_q- Exemption shall be granted to persons who qualify under the following criteria: a. The title of the property for which exemption is claimed must be vested on January 1 of the taxable year, wholly or partially in the name of the person or persons claiming exemptions. 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 be 65 years or older on December 31 of the year immed- iately preceding the taxable year. 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 $7,500. Gross combined income shall include all income from all sources of the owner(s) and of the owners' relatives living in the dwelling for which exemption is claimed. The first $1,500 of income of relatives will be exempted. d. The total combined financial worth of the owner(s) as of December 31 of the year immediately preceding the taxable year must not exceed $20,000. The computation of total combined worth shall in- clude the value of all assets, including equitable interests of the owner(s) and the owners' relatives living in the dwelling for which exemption is claimed, but shall exclude the fair market value of the dwelling for which the exemption is claimed and the land upon which the dwelling is situated, not exceeding one acre. - 2 - 1973-1 Sec. 7.33 claim~' a. Annually, and not later than March 15 in 1973 and not later than February 15 for every taxable year thereafter the person or persons claiming an exemption must file a Real Estate Tax Exemption Affidavit with the City Manager. b. The Affidavit shall set forth, in a manner prescribed by the City Manager, the names of the owner or owners and of the re- lated persons occupying the dwelling for which exemption is claimed, their gross combined income, and their total combined net worth. c. If after audit and investigation, the City Manager determines that the person or persons are qualified for exemption, he shall so certify to the Treasurer of Fairfax City who shall deduct the amount of the exemption from the claimant's real estate tax liability. Sec. 7.34 Amount of Exemj~tion: Real Estate. Qualified persons will be entitled to a full remission of real estate taxes on the subject dwelling provided that he or they reside in said dwelling for the entire year in which the exemption has been granted. Sec. 7.35 Chanqes in Status. Changes in income, financial worth, ownership of property or other factors occurring during the taxable year for which the Affidavit is filed and having the effect of nullifying qualifications previously obtained under this Article shall disqualify any person or persons who may have been previously qualified, from relief of real estate tax liability for the then current taxable year and the taxable year immediately following. Sec. 7.36 Violations. Any person or persons falsely claiming an exemption shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00 for each offense. Sec. 7.37 Administration. For record keeping purposes the real estate exemption will be handled as an expenditure in the official books with a credit being made to the Revenue Section of the budget thereby not affecting the collection record of the City. - 3 - 1973-1 Introduced: Adopted: December 19, 1972. January 16, 1973. Mayor Attest: Cit~ Clerk - 4 -