University of Virginia Library

CHAPTER 11.1.

Finance and Taxation.[131]

Article I. In General.

§ 11.1-1. Tax on bank stock.

§ 11.1-2. Tax on recordation of deeds.

§ 11.1-3. Tax on probate of wills or grants of administration.

§ 11.1-4. Investment of city funds.

Article II. Utility Taxes.

§ 11.1-5. Definitions.

§ 11.1-6. Levy of tax; amount.

§ 11.1-7. Duty of seller to collect tax; reports to commission of revenue;
remittances to treasurer.

§ 11.1-8. Records to be kept by seller.

§ 11.1-9. Exemptions.

§ 11.1-10. Telephone service.

§ 11.1-11. Bottled water.

§ 11.1-12. Computation of tax where seller collects periodically.

Article III. Retail Sales and Use Tax.

§ 11.1-13. Imposition; rate; to be additional to state sales tax.

§ 11.1-14. Administration and collection.

Article IV. Transit Lodging Tax.

§ 11.1-14.1. Definitions.

§ 11.1-14.2. Levy of tax; collection generally.

§ 11.1-14.3. Procedure as to collection.

§ 11.1-14.4. Reports and remittances.

§ 11.1-14.5. Interest and penalty.

§ 11.1-14.6. Duty to collect tax; report to commissioner.

§ 11.1-14.7. Records.

§ 11.1-14.8. Cessation of business.

§ 11.1-14.9. Exceptions.

§ 11.1-14.10. Enforcement.

§ 11.1-14.11. Violations.

Article V. License Tax on Motor Vehicles.

§ 11.1-15. Vehicles — Motor driven.

§ 11.1-16. Same — For hire or for rent.

§ 11.1-17. Duplicate plate, tag or other indicia of license; transfers and refunds,
etc.

Article VI. Real Estate Tax Relief for the Elderly.

§ 11.1-18. Definitions.

§ 11.1-19. Purpose of article; effective date.

§ 11.1-20. Qualifications for exemption.

§ 11.1-21. Application for exemption; investigation of affidavit.

§ 11.1-22. Calculation of amount of exemption.

§ 11.1-23. Changes in status.

§ 11.1-24. Penalty for violation of article.

§ 11.1-25. Severability.

Article I. In General.

Sec. 11.1-1. Tax on bank stock.

(a) There shall be assessed and levied, pursuant to section
58-476 of the Code of Virginia, for each year, a tax of forty cents
for each one hundred dollars of the value of the shares of stock of
banks located within the city, as determined pursuant to sections
58-465 to 58-485 of the Code of Virginia.

(b) There shall be assessed and levied, pursuant to section
58-476.1 of the Code of Virginia, on all branch banks within the
city of banks whose principal office is located outside the city, a
tax of forty cents for each one hundred dollars of value on such
proportion of the taxable value of the shares of stock in such bank
as the deposits through the branch or branches so located in the
city bear to the total deposits of the bank, as determined pursuant
to sections 58-465 to 58-485 of the Code of Virginia.

(c) Each bank subject to taxation under this section shall
deliver to the commissioner of revenue of the city a copy of the
report which such bank is required to furnish pursuant to sections
58-465 to 58-485 of the Code of Virginia, and it shall be the duty of
the commissioner of revenue to extend the tax hereby imposed
against the stockholders of such bank at the rate herein levied.

(d) Each bank subject to taxation under this section shall, on
and before the first day of June in each year, pay to the treasurer
of the city the taxes hereby levied and so assessed, and the
treasurer of the city shall give to such bank paying such taxes
duplicate receipts as prescribed by the department of taxation. It
shall be the duty of the treasurer of the city to collect the tax
hereby levied in the manner prescribed by sections 58-465 to
58-485 of the Code of Virginia. (Code 1959, § 1-14; 12-27-60.)

Sec. 11.1-2. Tax on recordation of deeds.

There is hereby imposed and levied by the city, pursuant to
section 58-65.1 of the Code of Virginia, a tax equal to one-third of
the amount of the state recordation tax collectable for the state on
the first recordation of each taxable instrument in the city;
provided, that no tax under this section shall be imposed or levied

upon any instrument upon which the state recordation tax is fifty
cents specifically; provided further that where a deed or other
instrument conveys, covers or relates to property located within
the city and also to property located in Albemarle County, the tax
imposed under this section shall be computed only with respect to
the property located in the city. The clerk of the corporation court
shall
collect such tax and pay the same to the city treasurer. (12-27-60.)

Sec. 11.1-3. Tax on probate of wills or grants of administration.

There is hereby imposed and levied by the city, pursuant to
section 58-67.1 of the Code of Virginia, a tax equal to one-third
of the amount of the state tax collectable for the state
on the probate of a will or the grant of administration. The
clerk of the corporation court shall collect such tax and pay
the same to the city treasurer. (12-27-60.)

Sec. 11.1-4. Investment of city funds.

For the purpose of preserving and investing all surplus
funds of the city, other than The Retirement Fund and The
Sinking Fund, the mayor, the chairman of the finance committee
of the city council, the director of finance, the city
manager and the city treasurer shall constitute an investment
committee. The investment committee may invest all surplus

funds, except The Retirement Fund and The Sinking Fund, as it
deems desirable in any securities which, under the laws of this
state, are designated and approved for the investment of fiduciary
funds. (1-21-64.)

Article II. Utility Taxes.

Sec. 11.1-5. Definitions.

The following words and phrases when used in this article,
shall, for the purposes of this article, have the following
respective meanings, except where the context clearly indicates a
different meaning:

Purchaser. Every person who purchases a utility service.

Seller. Every person, whether a public service corporation of
the city or not, who sells or furnishes a utility service.

Utility services. Such phrase shall include local telephone
service, electricity service, gas service, water service and the
monthly or periodical television service, after installation,
through coaxial cable or any other medium on a franchise basis
(cooperative or community) furnished within the city. (Code 1959,
§ 34-1.)

Sec. 11.1-6. Levy of tax; amount.

There is hereby imposed and levied by the city, upon every
purchaser of a utility service a tax in the amount of ten per cent
of the charge made by the seller against the purchaser with
respect to each utility service, which tax, in every case, shall be
collected by the seller from the purchaser and shall be paid by the
purchaser to the seller for the use of the city at the time that the
purchase price or such charge shall become due and payable
under the agreement between the purchaser and the seller;
provided, that in case any monthly bill submitted by any seller
for service shall exceed three thousand dollars, the tax on that
portion of the charge in excess of three thousand dollars shall be
at the rate of four per cent of the excess. Bills shall be considered
monthly bills if submitted twelve times annually for a period of
approximately one month.

The tax levied or imposed under this section with respect to the
purchase of any water, gas or electric service, shall become
effective on bills rendered on meter readings on and after July 1,
1972, and with respect to local telephone and cable television
service on charges first appearing on bills rendered on accounts
falling due on July 1, 1972, and thereafter. (Code 1959, § 34-2;
5-1-72.)

Sec. 11.1-7. Duty of seller to collect tax; reports to
commissioner of revenue; remittances to
treasurer.

It shall be the duty of every seller, in acting as the tax collecting
medium or agency for the city, to collect from the purchaser for
the use of the city the tax imposed and levied by this article at the
time of collecting the purchase price charged therefor and the
taxes collected during each calendar month shall be reported by
each seller to the commissioner of revenue and the seller shall
remit the amount of tax shown by such report to have been
collected to the city treasurer on or before the last day of the first
calendar month thereafter, together with the name and address of
any purchaser who has refused to pay his tax. The required
reports shall be in the form prescribed by the commissioner of
revenue. (Code 1959, § 34-3.)

Sec. 11.1-8. Records to be kept by seller.

Each seller shall keep complete records showing all purchases
in the city, which records shall show the price charged against
each purchaser with respect to each purchase, the date thereof,
the date of payment thereof and the amount of tax imposed
hereunder, and such records shall be kept open for inspection by
the duly authorized agents of the city at reasonable times, and the
duly authorized agents of the city shall have the right, power and
authority to make such transcripts thereof during such times as
they may desire. (Code 1959, § 34-4.)

Sec. 11.1-9. Exemptions.

The United States, the state and the political subdivisions,

boards, commissions and authorities thereof are hereby exempted
from the payment of the tax imposed and levied by this article
with respect to the purchase of utility services used by such
governmental agencies. (Code 1959, § 34-5.)

Sec. 11.1-10. Telephone service.

The tax hereby imposed and levied on purchasers with respect
to local telephone service shall apply to all charges made for local
telephone service, except local messages which are paid for by
inserting coins in coin-operated telephones. (Code 1959, § 34-6.)

Sec. 11.1-11. Bottled water.

The tax imposed and levied by this article shall not apply to the
purchase of bottled water. (Code 1959, § 34-7.)

Sec. 11.1-12. Computation of tax where seller collects
periodically.

In all cases where the seller collects the price for utility services
periodically, the tax imposed and levied by this article may be
computed on the aggregate amount of purchases during such
period; provided, that the amount of tax to be collected shall be
the nearest whole cent to the amount computed. (Code 1959, §
34-8.)

Article III. Retail Sales and Use Tax.

Sec. 11.1-13. Imposition; rate; to be additional to state sales
tax.

Pursuant to title 58, chapter 8.1, section 58-441.49 of the Code of
Virginia, a local general retail sales tax at the rate of one per cent
to provide revenue for the general fund for the city is hereby
levied. Such tax shall be added to the rate of the state sales tax
imposed by chapter 8.1, title 58 of the Code of Virginia. It shall be
subject to all provisions of chapter 8.1 of title 58 of the Code of
Virginia, all the amendments thereto and the rules and
regulations published with respect thereto. (4-18-66, § 1.)

Sec. 11.1-14. Administration and collection.

Pursuant to title 58, chapter 8.1, section 58-441.49 of the Code of
Virginia, the local general retail sales tax levied pursuant to this
article shall be administered and collected by the state tax
commissioner in the same manner, subject to the same penalties
as provided for the state sales tax, with the adjustments required
by sections 58-441.50 and 58-441.51. (4-18-66, § 2.)

Article IV. Transient Lodging Tax.

Sec. 11.1-14.1 Definitions.

The following words and phrases, when used in this article,
shall, for the purposes of this article, have the following
respective meanings:

Commissioner. The commissioner of the revenue of the city
and any of the commissioner's duly authorized deputies or agents.

Hotel. Any public or private hotel, inn, hostelry, tourist home
or house, motel or rooming, boarding or lodging house within the
city offering lodging as defined in this section, for compensation,
to any transient as defined in this section.

Lodging. The rental of room or space to any transient for
compensation, by a hotel as defined in this section, or the
occupancy of such room or space by such transient. If the charge
made by any hotel to such transient includes any charge for
meals, parking or other services or accommodations in addition to
lodging or the use of such room or space, then such portion of
such total charge as represents only room or space rental shall be
distinctly set out and billed to such transient by such hotel as a
separate item.

Person. Any individual, corporation, company, association,
firm, copartnership, or any group of individuals acting as a unit.

Transient. Any person who, for a period of not more than
thirty consecutive days, either at his own expense or at the
expense of another, obtains lodging for which a charge is made at
a hotel, as defined in this section.

Treasurer. The treasurer of the city and his duly authorized
deputies or agents. (6-3-74, § 1.)

Sec. 11.1-14.2. Levy of tax; collection generally.

There is hereby imposed and levied upon every transient
obtaining or occupying lodging within the city, in addition to all
other taxes and fees of every kind now imposed by law, a tax
equivalent to two percentum of the amount charged for such
lodging by any hotel. Such tax shall be collected from such
transients in the manner and at the time provided in this article.
(6-3-74, § 1.)

Sec. 11.1-14.3. Procedure as to collection.

Every person receiving any payment for lodging with respect to
which a tax is levied under this article shall collect the amount of
such tax so imposed from the transient on whom such tax is
levied, or from the person paying for such lodging at the time
payment for such lodging is made. The taxes so collected shall be
deemed to be held in trust for the city by the person required to
collect them, until they have been remitted to the city as provided
in this article. (6-3-74, § 1.)

Sec. 11.1-14.4. Reports and remittances.

The person collecting any tax, as provided in section 11.1-14.3
shall make out a report thereof, upon such forms and setting
forth such information as the commissioner of the revenue may
prescribe and require, showing the amount of lodging charges
collected and the amount of tax required to be collected thereon,
and shall sign and deliver the same to the commissioner together
with a remittance of such tax, made payable to the treasurer of
the city. Such reports and remittances shall be made on or before
the last day of each month, covering the amount of tax collected
during the preceding month. All remittances received hereunder
by the commissioner shall be promptly turned over to the
treasurer. (6-3-74, § 1.)

Sec. 11.1-14.5. Interest and penalty.

If any person, whose duty it is to do so, shall fail or refuse to
make such report and remit such tax as required by this article
within the time and in the amount required, there shall be added
to such tax by the commissioner a penalty in the amount of five
percentum of such tax, or a minimum of two dollars, if such
failure is for not more than thirty days duration, and thereafter
interest shall be payable on such overdue tax in the amount of six
percentum per annum. (6-3-74, § 1.)

Sec. 11.1-14.6. Duty to collect tax; report to commissioner.

If any person, whose duty it is to do so, shall fail or refuse to
collect the tax imposed under this article and make timely report

and remittance thereof, the commissioner shall proceed in such
manner as is practicable to obtain facts and information on which
to base an estimate of the tax due. As soon as the commissioner
shall have procured such facts and information as may be
obtainable, upon which to base the assessment of any tax payable
by any person who has failed to collect, report or remit such tax,
the commissioner shall proceed to determine and assess against
such person the tax, penalty and interest provided in this article,
and shall notify such person by registered mail sent to his last
known address, of the amount of such tax, penalty and interest,
and the total amount thereof shall be payable within ten days
from the date such notice is sent. (6-3-74, § 1.)

Sec. 11.1-14.7. Records.

It shall be the duty of every person liable for the collection and
remittance of any tax imposed by this article to keep and preserve
for a period of two years such suitable records as may be
necessary to determine the amount of such charges for lodging
and tax thereon as he may have been responsible for collecting
and paying to the city. The commissioner shall have the right to
inspect all such records at any reasonable time. (6-3-74, § 1.)

Sec. 11.1-14.8. Cessation of business.

Whenever any person required to collect and remit to the city
any tax imposed by this article shall cease to operate or otherwise
dispose of his business, such tax shall immediately become due
and payable, and such person shall forthwith make a report and
remittance thereof. (6-3-74, § 1.)

Sec. 11.1-14.9. Exceptions.

No tax shall be payable hereunder in any of the following
instances:

(a) On any charge for lodging paid by or for any officer or
employee of the government of the United States, the state or the
city, when such lodging is occupied by such person while on
official business.

(b) On any charge for lodging in, and during care or
treatment in, any hospital, medical clinic, nursing or convalescent
home, extended health care facility, sanatorium or sanitorium,
home for the aged, infirmed, orphaned, disabled, or mentally
retarded or other like facility; or in any educational institution.
(6-3-74, § 1.)

Sec. 11.1-14.10. Enforcement.

It shall be the duty of the commissioner to ascertain the name
of every person operating a hotel in the city, liable for the
collection of the tax imposed by this article, who fails, refuses or
neglects to collect such tax or to make the reports and remittances
required by this article. The commissioner may have issued a
summons for such person, which summons may be served upon
such person by any city police officer in the manner provided by
law, and one return of the original thereof shall be made to the
General District Court for the City of Charlottesville. (6-3-74, § 1.)

Sec. 11.1-14.11. Violations.

Any person violating or failing to comply with any of the
provisions of this article shall, upon conviction thereof, be fined
not less than twenty-five nor more than two hundred dollars.
Such conviction shall not relieve any such person from the
payment collection or remittance of the tax as provided in this
article. (6-3-74, § 1.)

Article V. License Tax on Motor Vehicles.

Sec. 11.1-15. Vehicles — Motor driven.

Every owner of a motor driven vehicle, on or before the first
day of May of each year, or before he shall commence to operate
his machine, shall obtain a license to operate the same by making
application to the director of finance for a license to operate and
by presenting a state motor vehicle registration card. The
application must contain the name of the applicant, his residence
and if a corporation, its place of business, giving the make, a brief
description showing the style and model of the machine and

weight, as computed by the provisions of the state law now in
force or in accordance with any modifications that hereafter may
be made by the state. After application and payment of the
required license tax fee has been made, the director of finance
shall issue a certificate of registration and license plate, tag or
other indicia of license. Metal license plates issued to the licensee
pursuant to this article shall be displayed with the state license
plate at the front or rear of the vehicle. Decalcomania or other
stickers issued pursuant to this article shall be attached to the
lower right-hand side of the windshield, or to such other location
as the director of finance shall direct on vehicles not equipped
with windshields. Such license plates or tags shall always be in
evidence upon the front or rear of each machine and all plates,
tags or other indicia of license shall be maintained in such a
condition as to be legible at all times. The rates shall be as
follows:

Automobiles, station wagons and hearses, not used for hire:

 

FLAT RATE

$10.00

For trucks, tractor trucks and semitrailers, not used for hire,
the license fee shall be computed on the gross weight of the
vehicle as per the following schedule:

                                                                                                                                                                   

Weight	Rate Per 1000 Lbs.	Full Year Fee
10000 and under		$ 10.00
10001 - 10499	$ 1.00	10.00
10500 - 11000	1.00	10.50
11001 - 11499	1.00	11.00
11500 - 12000	1.00	11.50
12001 - 12499	1.00	12.00
12500 - 13000	1.00	12.50
13001 - 13499	1.00	13.00
13500 - 14000	1.00	13.50
14001 - 14499	1.00	14.00
14500 - 15000	1.00	14.50
15001 - 15499	1.00	15.00
15500 - 16000	1.00	15.50
16001 - 16499	1.00	16.00
16500 - 17000	1.00	16.50
17001 - 17499	1.20	20.40
17500 - 18000	1.20	21.00
18001 - 18499	1.20	21.60
18500 - 19000	1.20	22.20
19001 - 19499	1.20	22.80
19500 - 20000	1.20	23.40
20001 - 20499	1.40	28.00
20500 - 21000	1.40	28.70
21001 - 21499	1.40	29.40
21500 - 22000	1.40	30.10
22001 - 22499	1.40	30.80
22500 - 23000	1.40	31.50
23001 - 23499	1.60	36.80
23500 - 24000	1.60	37.60
24001 - 24499	1.60	38.40
24500 - 25000	1.60	39.20
25001 - 25499	1.60	40.00
25500 - 26000	1.60	40.80
26001 - 26499	1.80	46.80
26500 - 27000	1.80	47.70
27001 - 27499	1.80	48.60
27500 - 28000	1.80	49.50
28001 - 28499	1.80	50.40
28500 - 29000	1.80	51.30
29001 - 29499	2.20	63.60
29500 - 30000	2.20	64.90
30001 - 30499	2.20	66.00
30500 - 31000	2.20	67.10
31001 - 31499	2.20	68.20
31500 - 32000	2.20	69.30
32001 - 32499	2.20	70.40
32500 - 33000	2.20	71.50
33001 - 33499	2.20	72.60
33500 - 34000	2.20	73.70
34001 - 34499	2.20	74.80
34500 - 35000	2.20	75.90
35001 - 35499	2.20	77.00
35500 - 36000	2.20	78.10
36001 - 36499	2.20	79.20
36500 - 37000	2.20	80.30
37001 - 37499	2.20	81.40
37500 - 38000	2.20	82.50
38001 - 38499	2.20	83.60
38500 - 39000	2.20	84.70
39001 - 39499	2.20	85.80
39500 - 40000	2.20	86.90
40001 - 40499	2.20	88.00
40500 - 41000	2.20	89.10
41001 - 41499	2.20	90.20
41500 - 42000	2.20	91.30
42001 - 42499	2.20	92.40
42500 - 43000	2.20	93.50
43001 - 43499	2.20	94.60
43500 - 44000	2.20	95.70
44001 - 44499	2.20	96.80
44500 - 45000	2.20	97.90
45001 - 45499	2.20	99.00
45500 - 46000	2.20	100.10
46001 - 46499	2.20	101.20
46500 - 47000	2.20	102.30
47001 - 47499	2.20	103.40
47500 - 48000	2.20	104.50
48001 - 48499	2.20	105.60
48500 - 49000	2.20	106.70
49001 - 49499	2.20	107.80
49500 - 50000	2.20	108.90

The fee for all tractor trucks is a flat charge of ten dollars.
To determine semitrailer fees, deduct ten dollars from fees
applicable to the gross weight of the combination.

 

Motorcycles: $3.00; with sidecar

$5.00.

(3-18-68; 3-1-71; 2-20-73.)

Sec. 11.1-16. Same—For hire or for rent.

Automobiles, stationwagons, ambulances and trucks with a
gross weight in excess of thirteen thousand pounds, used for
hire, shall pay a flat fee of twenty-two dollars and fifty cents
in addition to the regular license tax fee. For those trucks for
hire having a gross weight of thirteen thousand pounds or
less, the license fee shall be as set forth below:

                 

Weight	Full Year Fee
5499 and under	17.00
5500—10000	22.00
10001—10499	23.00
10500—11000	24.30
11001—11499	25.40
11500—12000	26.80
12001—12499	28.00
12500—13000	29.50

For the purposes of this section every vehicle for which a
state for hire license is required shall be considered a vehicle
used for hire, including U-Drive-It vehicles. Only one city license
shall be required for each vehicle. (3-18-68.)

Sec. 11.1-17. Duplicate plate, tag or other indicia of license;
transfers and refunds, etc.

When a license plate, tag or other indicia of license is lost,
a duplicate plate, tag or other indicia of license may be furnished
by the director of finance upon the payment of fifty
cents to the director of finance.

The license under this section shall be transferable only to
another motor vehicle, trailer or semitrailer purchased by the
person to whom such license was issued upon application to the
director of finance accompanied by a fee of fifty cents, or if
such vehicle be of greater weight or different design from
that for which the license was issued, upon the payment of
fifty cents and the amount of difference in license fees between
the two vehicles.

Any person holding a current motor vehicle license plate,
tag or other indicia of license who disposes of the vehicle
for which it was issued and does not purchase another vehicle
may surrender the license plate, tag or other indicia
of license and registration receipt to the director of finance
and request a refund for the unused portion of the fee paid.

The director of finance shall refund to the applicant one-half
of the total cost of the license plate, tag or other indicia
of license if application for such refund is made prior to the
first day of November of the current license year, but such
refund shall only be one-third of such total cost when the
application is made subsequent to the first day of November
of the current license year, but prior to the first day of February
of the current license year.

No refund shall be made when the application therefor is
made after the first day of February of the current license
year.

The taxes on licenses accruing under the provisions of this
article shall be due and payable, except where otherwise herein
provided, on or before the first day of May of each year
and shall be paid by the persons against whom assessed to
the director of finance in his office on or before the first day
of May.

After November first, the taxes imposed by this article shall be
one-half of the original rates. (3-18-68; 2-20-73.)

Article VI. Real Estate Tax Relief for the
Elderly.

Sec. 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:

Affidavit. The real estate tax exemption affidavit.

Dwelling. The sole residence of the person or persons claiming
exemption.

Exemption. The percentage exemption from the real property
tax imposed by the city allowable under the provisions of this
article.

Taxable year. The calendar year, from January 1st through
December 31st, for which such real property tax is imposed or
exemption claimed. (2-20-73.)

Sec. 11.1-19. Purpose of article; 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 section 58-760.1 of the Code of Virginia, 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 article,[132] to provide for such
exemption for the taxable year 1973 and subsequent taxable
years. (2-20-73.)

Sec. 11.1-20. Qualifications 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 1 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 31 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 or owners 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; provided, that the first two
thousand five hundred dollars of income of each relative other
than spouse, of such claimant owner or owners, who is living in
such dwelling shall not be included in such total.

(e) The net combined financial worth of such claimant owner or
owners and of their relatives living in such dwelling as of
December 31 of the year immediately preceding the taxable year
for which the exemption is claimed does not exceed twenty
thousand dollars. 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.
(2-20-73; 8-20-73.)

Sec. 11.1-21. Application for exemption; investigation of
affidavit.

(a) Annually, and not later than March 1 of each taxable year,
every person claiming an exemption under this article shall file a
real estate tax exemption affidavit with the commissioner of
revenue of the city; provided, however, that for the taxable year
1973, such affidavit shall be filed on or before May 1, 1973.

(b) The affidavit shall set forth the names of the related

persons occupying the real estate for which exemption is claimed
and the total combined net worth and combined income of such
persons as defined in this article. The form of such affidavit shall
be determined by the commissioner of revenue and approved by
the city manager, and shall contain such other information as
may be required to adequately determine compliance with the
provisions of section 11.1-20. In addition, the commissioner may
make such further inquiry of persons seeking to claim exemptions
requiring answers under oath and the production of certified tax
returns, as may be deemed reasonably necessary to determine
eligibility for an exemption.

(c) The commissioner, after audit and investigation of such
affidavits, shall certify a list of the persons and property
qualifying for exemption and the amount thereof to the city
treasurer, who shall forthwith deduct the amounts of such
exemptions from the real estate tax chargeable for the taxable
year to such persons and property. (2-20-73; 1-28-74.)

Sec. 11.1-22. Calculation of amount of exemption.

The amount the exemption granted pursuant to the article shall
be a percentage of the real estate tax assessed for the applicable
taxable year in accordance with the following scale:

Net Combined Financial Worth

         

Gross Combined Income	$ 0 to $5,000	$ 5,000 to $10,000	$10,000 to $15,000	$15,000 to $20,000
$0 to $3,000	100%	75%	50%	25%
$3,001 to $4,500	75%	50%	35%	15%
$4,501 to $6,000	50%	35%	20%	10%
$6,001 to $7,500	25%	15%	10%	5%

(2-20-73.)

Sec. 11.1-23. Changes in status.

Changes in respect to 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 violating or
exceeding the limitations and conditions of section 11.1-20, shall
nullify any exemption for the then current taxable year and for

the taxable year immediately following; provided, however, that
no change in income or financial worth which does not have the
effect of violating the maximum limitations of section 11.1-20
shall operate to increase or decrease the percentage of exemption
previously determined by the commissioner of revenue pursuant
to section 11.1-22. (2-20-73.)

Sec. 11.1-24. Penalty for violation of article.

Any person falsely claiming an exemption under this article
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than five hundred
dollars for each offense. (2-20-73.)

Sec. 11.1-25. Severability.

The provisions of this article are hereby declared to be
severable. If any section, subsection, clause or phrase thereof
shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than fifty nor more than five hundred
dollars for each offense. (2-20-73.)