[Adopted 12-16-2013; amended in its entirety 2-17-2014]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DWELLING
The word "dwelling," as used herein, shall be defined as a home constructed upon real estate owned by the qualified property owner or a manufactured home, as defined in § 36-85.3 of the Code of Virginia, 1950, as amended.
PERMANENTLY AND TOTALLY DISABLED
A person is permanently and totally disabled if he is so certified as required below and is found by the Town Treasurer to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life.
A real estate tax exemption is provided for qualified property owners who are not less than 70 years of age or determined to be permanently and totally disabled as provided in this article and who are eligible according to the terms of this article. Persons qualifying for exemption are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth.
The exemption shall be administered by the Town Treasurer according to the general provisions contained in this section. The Town Treasurer is hereby authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations in conformity with the general provisions of this article, including the requirements of answers under oath, as may be reasonably necessary to determine qualifications for exemption as specified by this section. The Town Treasurer may require the production of certified tax returns and appraisal reports to establish income or financial worth.
Exemption shall be granted to persons, subject to the following provisions:
A. 
The title of the property for which exemption is claimed is held or partially held on January 1 of the taxable year by the person claiming exemption.
B. 
The person claiming exemption must, on December 31 of the year immediately preceding the taxable year, be 70 years of age or older or be permanently and totally disabled as provided in this article, and such disability must be certified by the Social Security Administration, or if such person is not eligible for social security, such person must provide a sworn affidavit by two medical doctors licensed to practice medicine in the state, to the effect that such person is permanently and totally disabled, as defined in this article.
C. 
The dwelling on the property for which exemption is claimed must be occupied as the sole dwelling of the person claiming exemption.
D. 
The total combined income during the immediately preceding calendar year from all sources of the owner or owners of the dwelling living therein, and of the owners' relatives living in the dwelling, shall not exceed $10,000, provided that the first $2,000 of income of each relative, other than spouse, of the owner or owners who is living in the dwelling shall not be included in such total.
E. 
The net combined financial worth, including equitable interests, as of the 31st day of December of the immediately preceding calendar year, of the owners, and of the spouse of the owner, excluding the value of the dwelling and the land, not exceeding one acre, upon which it is situated shall not exceed the greatest value set forth in the Range of Net Worth field of the Amount of Exemption table found in this article, entitled "Amount of Exemption."
F. 
All Town delinquent tax fees and assessments must be paid in full by the applicant before receiving real estate tax relief for the elderly and disabled each tax year.
A. 
Annually, after January 1 but on or before April 1, of the taxable year, the person claiming an exemption must file a real estate tax exemption affidavit with the Town Treasurer. Nothing in this section shall be construed to permit more than one exemption even though a person may be both 70 years of age or older and disabled. The Town Treasurer may adopt a procedure for late filing by first-time applicants or for hardship cases; said late filing shall be made within 30 days of the deadline set forth herein.
B. 
The affidavit shall set forth, in a manner prescribed by the Town Treasurer, the location, assessed value and tax on the property and the names of the related persons occupying the dwelling for which exemption is claimed, and that their combined income from all sources and the total combined net worth of the person claiming the exemption does not exceed the limits prescribed in this article.
C. 
If, after audit and investigation, the Town Treasurer determines that the person is qualified for exemption, the Town Treasurer shall issue to the person a certificate which shall show the amount of the exemption from the claimant's real estate tax liability.
D. 
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 exceeding or violating the limitations and conditions provided herein, or by any ordinance adopted hereafter, shall reduce or nullify any exemption for the then-current taxable year and the taxable year immediately following.
[Amended 3-19-2018]
Persons qualifying for and claiming the exemption shall be relieved of that portion of the real estate tax levied on the qualifying dwelling and the land, not exceeding one acre, upon which the qualified dwelling is situated, in the amount calculated in accordance with the following schedule:
Amount of Exemption
Range of Net Worth
Range of Income
$0 to $15,000
$15,001 to $20,000
$20,001 to $25,000
$25,001 to $30,000
$0 to $6,500
80%
64%
56%
40%
$6,501 to $8,000
60%
48%
42%
30%
$8,001 to $9,500
40%
32%
28%
20%
$9,501 to $10,000
20%
16%
14%
10%
Over $10,000
0%
0%
0%
0%
[Amended 3-19-2018]
Sections 58.1-3219.5 through 58.1-3219.8 et seq., of the Virginia Code, and any amendments adopted hereafter, are hereby adopted as if more fully set forth herein. Persons qualifying for and claiming the exemption shall be relieved of that portion of the real estate tax levied on the qualifying dwelling and the land, not exceeding one acre, upon which the qualified dwelling is situated.
Any person who shall falsely claim the exemption provided for in this article shall pay to the Town Treasurer 110.0% of such exemption. In addition, any person who shall falsely claim exemption provided for in this article shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or confinement in jail not exceeding 30 days, either, or both.