§ 26-547. Exemption by designation.  


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  • If an organization is not exempt from property taxes by classification, it may apply for exemption by designation, as indicated above, pursuant to Code of Virginia, § 58.1-3651. The process for review and consideration of these applications shall be as follows:

    (1)

    After receipt thereof, the City Assessor's Office shall promptly forward such application to the City Attorney's Office for review to determine whether the application is complete. After the City Attorney's Office has completed its review for completeness, it shall forward the application to the Property Tax Exemption by Designation Committee no later than December 1 of that year. The Property Tax Exemption by Designation Committee shall consist of at least five members who shall each serve a three-year term and who shall be familiar with one or more of the following areas:

    a.

    Nonprofit organizations;

    b.

    Accounting;

    c.

    Finance; and

    d.

    Property assessments.

    At least one member of the Property Tax Exemption by Designation Committee shall be an employee of either the City Assessor's Office or the Department of Finance; however, such employees shall comprise of no more than two-fifths of the members of the Property Tax Exemption by Designation Committee. The City Assessor and the Director of Finance shall jointly appoint each member of the Property Tax Exemption by Designation Committee and shall jointly furnish the Property Tax Exemption by Designation Committee with administrative support. The Property Tax Exemption by Designation Committee shall adopt such rules as it may find necessary to carry out its role in the process for review and consideration of applications for exemption by designation from property taxation. The Property Tax Exemption by Designation Committee shall review each application for exemption by designation and provide a written report to the City Council on each application no later than February 1 of the following year.

    (2)

    After the Property Tax Exemption by Designation Committee makes its recommendation to the City Council as to whether the Council should approve or deny the application, an ordinance approving the exemption shall be introduced and scheduled for a public hearing before and a vote by the City Council by no later than March 15. As required by Code of Virginia, § 58.1-3651(B), notice of the public hearing on the ordinance shall include the assessed value of the real and tangible personal property and the assessed property taxes against this property and shall be published in a paper of general circulation in the City at least five days before the public hearing. The organization being considered shall pay the City for the costs of the publication.

    (3)

    All ordinances approving property tax exemption by designation applications shall clearly state for what purpose the property in question is being used. If the City Council adopts the ordinance to approve the exemption by designation for the organization, the City Clerk shall forward a copy of the ordinance to the City Assessor's Office, which shall appropriately mark the real property on the tax rolls and shall, if the ordinance pertains to tangible personal property tax exemptions, forward a copy of the ordinance to the Department of Finance so that it can appropriately mark the tangible personal property on the tax rolls. The City Assessor's Office shall send a written notice to each organization informing them whether the City Council adopted an ordinance approving the tax exemption for which it applied.

    (4)

    Any organization granted exemption by designation will be required to submit a triennial application to the City Assessor's Office by September 1 of every third year to determine if retention of the exempt status of real and personal property would be appropriate. The Property Tax Exemption by Designation Committee shall review all such triennial applications and shall make written recommendations to the City Assessor regarding the retention of the exempt status no later than February 1 of the following year.

    (Code 1993, § 27-128; Code 2004, § 98-248; Ord. No. 2004-369-332, § 1, 12-13-2004)

(Code 1993, § 27-128; Code 2004, § 98-248; Ord. No. 2004-369-332, § 1, 12-13-2004)