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<br />Sec. 35-12. Relief from erroneous assessments and erroneous payments generally. <br /> <br />(a) Any person who feels that he has been erroneously assessed for real estate <br />tax or local levies on tangible personal property, machinery and tools, or a local license <br />fee, or any other local levy. may, within three years from the last day of, the tax year for <br />which such assessment was made, or within one (1) year from the date of the assessment, <br />whichever is later. make in writing application to the commissioner of the revenue <br />regarding the assessment oflocallevies on tangible personal property, machinery and <br />tools, or a local license fee, or any other local levy, or to the city assessor regarding the <br />assessment of real estate, seeking by such application exoneration or abatement of such <br />tax if same is unpaid or refund if such tax has been paid. An application that is not timely <br />made will not be considered. <br /> <br />(b) Ifthe commissioner of revenue when the application is for relief from the <br />assessment oflocallevies on tangible personal property. machinery and tools. or a local <br />license fee or any other local levy. or if the city assessor when the application is for relief <br />from the assessment ofreal estate, is satisfied that he has erroneously assessed any <br />applicant for the assessment in question, and assessment exceeds the proper amount, the <br />commissioner of revenue or city assessor shall certify to the city treasurer and the city <br />manager. or his designee, the amount erroneously assessed. If the taxes or fees have not <br />been paid, the applicant shall be exonerated from payment of so much thereof as is <br />erroneous, and if such taxes or fees have been paid, the city treasurer or his successor in <br />office and the city manager, or his designee, shall refund to the applicant the amount <br />erroneously paid. together with any penalties and interest paid thereon. When the <br />commissioner of revenue or city assessor who made the erroneous assessment has been <br />succeeded by another person, such person shall have the same authority as the <br />commissioner or assessor making the original erroneous assessment, provided he makes <br />diligent investigation to determine that the original assessment was erroneously made and <br />certifies thereto to the city treasurer, the city manager, or his designee. and the city <br />counciL Additionally, the same refund procedure shall apply to the refunds of erroneous <br />overpayment of taxes or fees by any applicant. <br /> <br />(c) If the assessment is less than the proper amount, the commissioner of the <br />revenue or the city assessor shall assess such applicant with the proper amount. <br /> <br />(d) When an unpaid erroneous assessment of real estate is corrected under this <br />section. and such real estate has been sold at a delinquent land sale, the city assessor shall <br />certify a copy of such correction to the clerk of the circuit court ofthe city and the clerk <br />shall note the correction in the Delinquent Land Book opposite the entry of the tract or lot <br />for the year or years for which the correction is made. <br /> <br />(e) Where the assessment which is subsequently considered erroneous was <br />made as a result of miscalculation or ministerial error on the part of the commissioner of <br />revenue, the city assessor, or any officer or employee of the city, interest on the amount <br />