Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 37, Titled “Taxation,” Article I, Titled "In General,” Section 37-2, Titled “Refunds”
Purpose
PURPOSE/BACKGROUND:
This action is to increase the amount for which the City Treasurer can issue a refund without the approval of City Council to the maximum amount authorized under state code.
Discussion:
Code of Virginia Sec. 58.1-3981 sets forth certain legal parameters regarding corrections of assessments by the commissioner of the revenue and the issuance of refunds. If an assessment that is found to be erroneous, exceeds the proper amount, and has been paid, City Council, upon certificate of the commissioner of the revenue and consent of the city attorney, shall direct the city treasurer to refund the excess, with interest if so required. However, the City Council may authorize the treasurer to approve and issue refunds up to the limit set by statute as a result of an erroneous assessment.
In 2009, the City Council first enacted Hampton City Code Section 37-2, which among other things, in subsection b, authorizes the treasurer to issue refunds not in excess of $2,500 per invoice without the need for Council approve. At that time the statutory limit was $2,500. That limit has since been increased to $10,000. The current action is to amend the limit in the City Code to $10,000 per assessment.
Impact:
This ordinance amendment will increase the efficiency and responsiveness of the treasurer in the issuance of refunds.
Recommendation:
Rec
Approve the Ordinance
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Section 37-2(b) of the City Code of the City of Hampton, Virginia be amended and restated to read as follows:
Sec. 37-2. Refunds.
. . .
(b) The city treasurer shall issue refunds of local tax, penalty and interest assessed thereon, owing to a taxpayer due to an erro...
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