There is hereby imposed a roll-back tax, in such amount as may be determined under section 58.1-3237, Code of Virginia, upon any property as to which the use changes to a nonqualifying use under this article, or the zoning of the real estate is changed to a more intensive use at the request of the owner or his agent. Property qualifying for taxation at its use value in the categories of real estate devoted to forest use and open space use on the basis of applications filed on or before November 1, 1998, shall continue to be subject to roll-back taxes until such time as such deferred taxes are no longer owed pursuant to the provisions of section 58.1-3237, Code of Virginia. The owner of any real estate liable for roll-back taxes shall report within sixty (60) days following a change in use or zoning to the county assessor, on such forms as may be prescribed, any such change. The county assessor shall forthwith determine and assess the roll-back tax, which shall be assessed against and paid by the owner of the property at the time the change in use which no longer qualifies occurs or at the time of the zoning of the real estate to a more intensive use at the request of the owner or his agent occurs. The owner shall pay the treasurer the roll-back taxes, including interest at the same rate that is set out in section 21-3 for delinquent taxes, within thirty (30) days of the assessment. On failure so to pay by the due date, the treasurer shall impose a penalty and interest in the amount of the roll-back tax, including interest for prior years. Such penalty and interest shall be imposed in accordance with the provisions of section 21-3.

(Ord. No. O98-19, 12/2/98)

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     NOTE:  See §58.1-3241 (7/1/06), Code of Virginia