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File #: 19-237    Version: 1 Name:
Type: Ordinance Status: Public Hearing
File created: 3/22/2019 In control: Board of Supervisors
On agenda: 4/17/2019 Final action:
Title: Ordinance to Amend County Code Chapter 15, Taxation
Attachments: 1. Att.A - Proposed Ordinance
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AGENDA DATE:  4/17/2019

 

TITLE:

Title

Ordinance to Amend County Code Chapter 15, Taxation

BODY

 

SUBJECT/PROPOSAL/REQUEST:   Public hearing to consider adoption of an ordinance to amend Chapter 15, Taxation

 

ITEM TYPE:  Regular Action Item

 

STAFF CONTACT(S):  Richardson, Letteri, Kamptner, Herrick, Lamb, Lynch

 

PRESENTER (S):  Andy Herrick

 

LEGAL REVIEW:   Yes

 

REVIEWED BY: Jeffrey B. Richardson

 

BACKGROUND:  The Board has directed the County Attorney’s Office to conduct a comprehensive review and recodification of the County Code. Chapter 15 of the County Code governs the assessment and collection of ten different County taxes, along with tax relief or reduction programs and tax exemptions.  The chapter outlines when these taxes apply and at what rates, and how the Director of Finance is to administer and collect these taxes.  It represents a compilation of various local taxes enabled by State law and adopted by the County.    

 

STRATEGIC PLAN: Quality Government Operations: Ensure County’s government capacity to provide high quality service that achieves community priorities.

 

DISCUSSION:  The process of recodifying the County Code includes making formatting, style, organizational, and substantive changes. These changes are being addressed at the chapter level before the Board considers adopting a complete, recodified County Code. All local taxes must be in accord with State enabling authority.  Specifically, most local taxes are enabled and outlined in various chapters of Title 58.1 of the Virginia Code.  As with the County’s business license ordinance (Chapter 8), the tax provisions of Chapter 15 are substantially similar, but not identical, to the corresponding State statutes.

  Therefore, two overriding goals of the Chapter 15 recodification are:
1.  To more closely conform the County’s tax chapter with controlling State law.
2.  To replace local provisions that duplicated controlling State law, with cross-references.   

Noteworthy proposed revisions include:
1.  The clarification and consolidation in
County Code § 15-100 of the Director of Finance’s powers and duties under State law.
2.  The reorganization of existing
County Code § 15-100 into separate sections dealing with due dates (new § 15-101), statutory assessments (new § 15-102), penalties (new § 15-103), interest (new § 15-104), and applicability (new § 15-108). 
3.  The revision in new
County Code § 15-606 of consumer utility tax exemptions, consistent with Virginia Code § 58.1-3816.2.
4.  The replacement of numerous lengthy definitions and standards, especially for use-value assessments and veterans-related exemptions, with simple cross-references to controlling State law.
5.  The extension in new
County Code § 15-702 of the deadline for property tax assessment appeals to the Board of Equalization (to March 30), consistent with Virginia Code § 58.1-3378(2).
6.  The elimination of commissions for collecting food and beverage tax (existing
County Code § 15-1205), consistent with Virginia Code § 58.1-3833.
7.  The addition in new
County Code § 15-1201(B) of a short-term rental tax on businesses renting heavy equipment property, consistent with Virginia Code § 58.1-3510.4(B)(2).  

Where possible, without changing the underlying substance, staff has suggested primarily stylistic revisions, eliminating archaic or redundant language, to make the chapter easier to read. 

 

BUDGET IMPACT: No significant budget impact is expected.

 

RECOMMENDATION:

Recommendation

Staff recommends that after holding a public hearing, the Board adopt the attached proposed ordinance (Attachment A).

 

ATTACHMENTS: 
Attachment A - Proposed Ordinance