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HomeMy WebLinkAboutAgenda - 08-19-2003-8fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 19, 2003 Action Agenda Item No. SUBJECT: Pro ert Tax Release DEPARTMENT: Assessor's Office PUBLIC HEARING: (YIN) No ATTACHMENT(S): Property Tax Release Request Resolution INFORMATION CONTACT: John Smith, ext. 2101 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider adoption of a resolution to release property value related to one (1) request for property tax release. BACKGROUND: The Assessor's Office has received a request from Joseph Brodie for release of property taxes assessed in the prior fiscal year. General Statute 105-381(b), "Action of Governing Body" provides that "upon receiving a taxpayer's written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the correct liability or notify the taxpayer in writing that no release or refund will be made". North Carolina law allows the Board to approve property tax releases for the current and four previous fiscal years. Release of 2000 property valuation for Joseph Brodie from $389,937 to $310,140 is appropriate since, in December of 2000, Mr. Brodie reported that his upstairs was being taxed as complete when it was in reality only storage. However, in 2000, a clerical error was made when the assessed value was not corrected and the correction was not submitted to the BOCC for approval under General Statute 105-325. FINANCIAL IMPACT: Approval of this change will result in a net reduction in revenue of $777.23 to the County, municipalities, and special districts. RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution approving one (1) property tax release request in accordance with N.C. General Statute 105-381. 2 REQUEST FOR PROPERTY TAX RELEASE Map Nbr: 2.46..30E Tract Nbr: 241959 Account Nbr: 241959 Rate Code: 00 Name: Brodie, Joseph Address: 3301 Serenity Lane Hillsborough, NC 27278 Action Requested: Request property tax release for 2002. Recommendation: Approve total property tax release of $730.90. Explanation: Release of 2000 property valuation for Joseph Brodie from $389,937 to $310,140 is appropriate since in December of 2000 Mr. Brodie reported that his upstairs was being taxed as complete when it was in reality only storage. However, in 2000 a clerical error was made when the assessed value was not corrected and the correction was not submitted to the BOCC for approval under General Statute 105-325. Reference: General Statute 105-381(a)(1)c. A tax imposed through clerical error. NORTH CAROLINA ORANGE COUNTY RELEASE RESOLUTION (Approval) Whereas, North Carolina General Statutes 105-381 and/or 330.2(B) allows for the release of taxes when the Board of County Commissioners determines that a taxpayer applying for the release has a valid defense to the tax imposed; and Whereas, the properties listed in each of the attached "Request for Property Tax Release" has been taxed and the tax has been collected: and Whereas, as to each of the properties listed in the Request for Property Tax Release, the taxpayer has timely applied in writing for a release of the tax imposed and has presented a valid defense to the tax imposed as indicated on the Request for Property Tax Release. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY THAT the recommended property tax release(s) are approved. Upon motion duly made and seconded, the foregoing resolution was passed by the following votes: Ayes: Corrunissioners Noes: I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the :recorded minutes of the Board of Commissioners for said County at a regular meeting of said Board held on said record having been made in the Minute Book of the minutes of said Board, and is a true copy of so much of said proceedings of said Board as relates in any way to the passage of the resolution described in said proceedings. WITNESS my hand and the corporate seal of said County, this _day of 2003. Clerk to the Board of Commissioners