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(b) A separate application shall be filed for each use <br />for which qualification is sought. <br /> <br />Section 35-64.3. <br /> <br />Determination by City Assessor; opinions <br />may by requested for certain classification; <br />appeals. <br /> <br /> Promptly upon receipt of any application, the City <br />Assessor shall determine whether the subject property meets <br />the criteria for taxation hereunder. If the City Assessor <br />determines that the subject property does meet such criteria, <br />he shall determine the value of such property for its qualifying <br />use, as well as its fair market value. <br /> <br /> In determining whether the subject property meets the <br />criteria for "open space use", he may request an opinion <br />from the Director of the Department of Conservation and <br />Historic Resources or the Commissioner of Agriculture and <br />Consumer Services. Upon refusal of th~ Director or the <br />Commissioner to issue an opinion, or in the event of an <br />unfavorable opinion which does not comport with standards <br />set forth by the Director and Commissioner, the party aggreived <br />may seek relief from any Circuit Court wherein the real <br />estate in question is located, and in the event that the <br />court finds in his ~avor, it may issue an order which shall <br />serve in lieu of an opinion for the purposes of this Division. <br /> <br />Section 35-64.4. Recordation of use and fair market value; <br /> calculation of tax. <br /> <br /> The use value and fair market value of any qualifying <br />property shall be placed on the land book for delivery to the <br />Treasurer and the tax for the next succeeding tax year shall <br />be extended fro~L the use value. <br /> <br />Section 35-64.5. Roll-back tax - levied when property use <br /> changes to non-qualifying use. <br /> <br /> There is hereby imposed a roll-back tax, in such amoun~ <br />as may be determined under Virginia Code, ~58-769.10, and its <br />successor ~58.1-3237, when applicable, upon any property or <br />portion thereof as to which the use changes to a non-qualifying <br />use, plus simple interest on such roll-back taxes at the <br />rate of six percent (6%) per annum. <br /> <br />Section 35-64.6. <br /> <br />Same City Assessor to determine and <br />assess; penalties for failure to pay; <br />liability for persons who fail to report <br />any change in use and liability for material <br />misstatement on application. <br /> <br /> <br />