Sec. 40-7.01. - Property becomes taxable immediately upon sale by tax-exempt owner.
Sec. 40-7.02. - Exemptions not applicable to associations, etc., paying death, etc., benefits.
Sec. 40-7.03. - Triennial application for exemption; removal by local governing body.
Sec. 40-7.04. - Exemption strictly construed.
Sec. 40-7.05. - Exemptions prior to January 1, 2003.
Sec. 40-7.06. - Exemption for disabled veterans.
As used in this chapter the word "taxation" shall not be construed to include assessments for local improvements as provided for in Article 2 (Section 15.2-2404 et seq.) of Chapter 24 of Title 15.2, or Article 2 (Section 15.2-2404 et seq.) of Chapter 24 of Title 15.2 of the Code of Virginia.
(Ord. No. 5940-03, § 1)
Sec. 40-7.01. - Property becomes taxable immediately upon sale by tax-exempt owner.
Any property exempt from taxation pursuant to this chapter which is subsequently sold to a person not having tax-exempt status shall immediately become subject to taxation and be assessed therefor. The tax levied for the current year shall be prorated for the remainder of the tax year.
(Ord. No. 5940-03, § 1)
Sec. 40-7.02. - Exemptions not applicable to associations, etc., paying death, etc., benefits.
Nothing contained in this chapter shall be construed to exempt from taxation the property of any person, firm, association or corporation who shall, expressly or impliedly, directly or indirectly, contract or promise to pay a sum of money or other benefit, on account of death, sickness or accident, to any of its members or other person.
(Ord. No. 5940-03, § 1)
Sec. 40-7.03. - Triennial application for exemption; removal by local governing body.
The real estate assessor, after giving sixty (60) days' written notice, may require any entity which owns real property and personal property exempt pursuant to this chapter to file triennially an application with him as a requirement for retention of the exempt status of the property. Such application shall show the ownership and usage of such property and shall be filed within the next sixty (60) days preceding the tax year for which such exemption, or the retention thereof is sought. This requirement shall not apply to the Commonwealth, any political subdivision of the Commonwealth, or the United States of America.
(Ord. No. 5940-03, § 1)
Sec. 40-7.04. - Exemption strictly construed.
Exemption of property from taxation under this article shall be strictly construed in accordance with Article X, Section 6(f) of the Constitution of Virginia.
(Ord. No. 5940-03, § 1)
Sec. 40-7.05. - Exemptions prior to January 1, 2003.
Nothing in this chapter or in any ordinance adopted pursuant to Division 3 or 4 of this article shall affect the validity of a classification exemption claimed by an organization, or a designation exemption granted by the General Assembly, prior to January 1, 2003, that was still effective on December 31, 2002, pursuant to Title 58.1, Chapter 36, Article 3 (Section 58.1-3609 et seq.) or 4 (Section 58.1-3650 et seq.) of the Code of Virginia, and the city shall not recognize a classification exemption first claimed by an organization pursuant to Title 58.1, Chapter 36, Article 3 (Section 58.1-3609 et seq.) after January 1, 2003. An exemption granted pursuant to Title 58.1, Chapter 36, Article 4 (Section 58.1-3650 et seq.), of the Code of Virginia, may be revoked in accordance with the provisions of Virginia Code Section 58.1-3605. For purposes of this section "a classification exemption claimed by an organization" as of January 1, 2003, means that the organization owns property in the city that is not being taxed by the city on December 31, 2002, by virtue of a classification exemption provided under Title 58.1, Chapter 35, Article 3 (Section 58.1-3609 et seq.) of the Code of Virginia.
(Ord. No. 5940-03, § 1)
Sec. 40-7.06. - Exemption for disabled veterans.
(a)
Pursuant to Section 6-A of Article X of the Constitution of Virginia, there is hereby exempted from taxation the real property, including the joint real property of husband and wife, of any veteran who has been rated by the United States Department of Veterans Affairs, or its successor agency, pursuant to federal law, to have a one hundred (100) percent service-connected, permanent, and total disability, and who occupies the real property as his principal place of residence. The land area to be exempted as part of the principal place of residence shall not exceed one (1) acre.
(b)
The surviving spouse of a veteran eligible for the exemption set forth in this section shall also qualify for the exemption, so long as the death of the veteran occurred on or after January 1, 2011, the surviving spouse does not remarry, and the surviving spouse continues to occupy the real property as his/her principal place of residence.
(c)
The veteran, or surviving spouse, claiming the exemption under this section shall file with the commissioner of the revenue on forms to be supplied by the city, an affidavit or written statement (i) setting forth the name of the disabled veteran, and the name of the spouse, if any, also occupying the real property, (ii) indicating whether the property is jointly owned by a husband and wife, and (iii) certifying that the real property is occupied as the veteran's principal place of residence. The veteran shall also provide documentation satisfactory to the commissioner of the revenue from the United States Department of Veterans Affairs, or its successor agency, indicating that the veteran has a one hundred (100) percent service-connected, permanent, and total disability. The taxable status of real property is determined on the first day of the tax year, i.e. July 1 of each year, and the exemption hereby granted shall be prospective only. However, the veteran shall be required to re-file the information mandated by this subsection only if the veteran's principal place of residence changes. In the event a surviving spouse of a veteran claims the exemption, the surviving spouse shall also provide documentation satisfactory to the commissioner of the revenue that the veteran's death occurred on or after January 1, 2011.
(Ord. No. 6787-11, § 1)