ARTICLE III. REAL ESTATE TAX EXEMPTION FOR ELDERLY AND DISABLED PERSONS

Sec. 21-45. Claimant’s affidavit and certificate of disability; commissioner of revenue's certification to treasurer.

(a) The person or persons claiming exemption shall file annually, with the commissioner of revenue, a tax exemption affidavit. Such affidavit shall be filed after January first and not later than April first of each year, except that the commissioner of revenue may accept the first such affidavit on or before April thirtieth or the first day thereafter which is not a Saturday, Sunday or legal holiday, and may accept within such time the affidavit for any year filed by a person who the commissioner of revenue finds was prevented by genuine hardship from making such filing on or before April first of that year. Such affidavit shall be completed on forms provided by the county and shall set forth, in a manner prescribed by the commissioner of revenue, the names of the related persons occupying such property, the net combined financial worth, including equitable interests, and the total combined income of such persons as specified in section 21-44. In lieu of the annual filing of such an affidavit, the person or persons having filed an initial affidavit shall only be required to refile such an affidavit every three (3) years if during each of the two (2) intervening years the taxpayer filed a certification on a form provided by the county certifying that no information contained on the last preceding affidavit has changed to violate the limitations and conditions set out in this article.

(b) If the person or persons claiming the exemption is under sixty-five (65) years of age, such affidavit shall have attached thereto a certification by the department of veterans affairs or the railroad retirement board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors who are either licensed to practice medicine in Virginia or are military officers on active duty who practice medicine with the United States Armed Forces to the effect that such person is permanently and totally disabled, as defined in section 21-41 of this article. The affidavit of at least one (1) of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one (1) of such doctors may be based upon medical information contained in the records of the Civil service commission, which is relevant to the standards for determining permanent and total disability, as defined in section 21-41 of this article.

(Ord. No. O98-16, 12/16/98)

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Friday, January 06, 2006