§ 40-2. Exoneration from payment or refund in cases of erroneous assessment on tangible personal property, machinery, etc.

(a)

Pursuant to Section 58.1-3990 of the Code of Virginia, if the commissioner of the revenue is satisfied that an applicant has been erroneously assessed with any local levies, as provided in sections 58.1-3980 and 58.1-3981 of the Code of Virginia, such commissioner shall certify to the city treasurer the amount erroneously assessed. When the commissioner of the revenue who made the erroneous assessment has been succeeded by another person, such other person shall have the same authority as the commissioner making the original erroneous assessment, provided such other person makes diligent investigation to determine that the original assessment was erroneously made and certifies thereto to the city treasurer and to the city council.

(b)

It shall be the duty of the city treasurer, upon receipt of the certification provided for in subsection (a) above, if the levies have not been paid, to exonerate from payment so much thereof as is erroneous, and if such levies have been paid, to refund to the applicant the amount erroneously paid, together with any penalties and interest paid thereon.

(c)

No refunds shall be made under the provisions of this section in any case when application therefor is made more than three (3) years after the last day of the tax year for which such taxes were assessed.

(Ord. No. 5940-03, § 1)

(Ord. No. 5940-03, § 1)