A RESOLUTION DIRECTING THE COUNTY ADMINISTRATOR TO SCHEDULE A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING ARTICLE II CHAPTER 8 OF THE CODE OF FAUQUIER COUNTY TO REVISE SECTION 8-3 (EXEMPTION FOR ELDERLY AND DISABLED) TO PROVIDE FOR INCREASED FINANCIAL LIMITATIONS FOR QUALIFICATION FOR RELIEF FROM REAL PROPERTY TAX
WHEREAS, the Fauquier County Board of Supervisors adopted an Ordinance establishing certain income and combined net worth limitations for application for real estate tax relief for the elderly and disabled; and
WHEREAS, Article II, Chapter 8 of the Code of Fauquier County regulates requirements for the program; and
WHEREAS, Title 58.1-3211 Code of Virginia establishes the maximum limitations included, and the County of Fauquier is among those localities that may, by Ordinance, establish higher income and financial worth limitations for the real estate exemption program for the elderly and disabled; and
WHEREAS, the local governing body may adopt a local Ordinance to accommodate the enabling legislation; and
WHEREAS, these changes are for the benefit of the citizens of Fauquier County; and
WHEREAS, a public hearing is required to be held prior to an amendment of the local Ordinance; now, therefore, be it
RESOLVED by the Board of Supervisors of Fauquier County this 13th day of April 2006, That the County Administrator be, and is hereby, directed to schedule a public hearing to receive citizen comment on the proposed Ordinance amending Article II, Chapter 8 of the Code of Fauquier County, to revise Section 8-3 to provide for an increase in the income and combined net worth limitations in the Relief for the Elderly and Disabled Program.
ARTICLE II. REAL ESTATE TAX EXEMPTION FOR ELDERLY PERSONS
Sec. 8-3. Eligibility for exemption.
(a) Any person sixty-five (65) years of age or older on December
thirty-first of the year immediately preceding the taxable year, who
owns, or partially owns, a dwelling as the sole dwelling of that person,
or who is sixty-five (65) years or older and resides in a hospital,
nursing home, convalescent home or other facility for physical or mental
care for extended periods of time, provided such residence is not used
or leased to others for consideration or who is determined to be
permanently and totally disabled as defined herein, shall be eligible
for, and may apply for, an exemption of real estate taxes on such
dwelling and land, in an amount not to exceed one
(b) Notwithstanding subsection (a) of this section, if the person has already qualified for an exemption or deferral under this article, and if the person can prove by clear and convincing evidence that after so qualifying the person’s physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility for physical or mental care is to have a relative move in and provide care for the person, and if relative does move in for that purpose, then none of the relative’s income shall be counted towards the income limit.
c) the net combined financial worth, as herein above defined, as of
December thirty-first of the immediately preceding year, cannot exceed