(A) The purpose of this section is to provide a revenue source to assist the county in paying for the cost of defending property tax appeals.
(B) The Lake County Council hereby establishes the Lake County Property Tax Defense Fund, a non-reverting fund. The monies deposited into the Fund may be expended only after appropriation by the county fiscal body for appraisal fees, attorney fees, expert witness fees, and other costs of litigating before the Lake County Board of Property Tax Appeals before the County Property Tax Assessment Board of Appeal, the Indiana Board of Tax Review, the Indiana Tax Court, and the Indiana Supreme Court.
(C) From the total tax, penalty, and/or interest due and payable by a taxpayer after the appeal is final, the sum of 5% shall be placed in the County Property Tax Appeal Fund, by the County Auditor.
(D) The 5% deducted from the total tax, penalty and interest shall be charged to the units affected by the tax appeal and shall be deducted from their distribution at the time of settlement.
(E) An amount deposited in the Fund and not expended within three years after the date of its receipt shall be transferred by the County Auditor to the County General Fund.
(Ord. 1351F, passed 8-14-2012)