864.02   ERRONEOUSLY ASSESSED LEVIES.
   (a)   Application for Assessment Corrections. Upon written application by any taxpayer for a refund or exoneration of erroneously assessed levies, if the Commissioner of the Revenue is satisfied that an applicant has been erroneously assessed with a County levy on real estate, tangible personal property, machinery and tools, merchant's capital or a license tax or fee, the Commissioner of the Revenue shall certify to the County Treasurer the amount erroneously assessed. If such erroneously assessed levies have not been paid, the applicant shall be exonerated from payment of so much thereof as is erroneous. If such levies have been paid, the Treasurer shall refund to the applicant the amount erroneously paid, together with any penalties and interest paid thereon.
(Ord. 80-13. Passed 10-20-80.)
   (b)   Successor to Commissioner of the Revenue. When the County Commissioner of the Revenue who made the erroneous assessment has been succeeded by another person, such person shall have the same authority as the Commissioner making the original erroneous assessment, provided he/she makes diligent investigation to determine that the original assessment was erroneously made and certifies thereto to the County Treasurer.
   (c)   Refund. No refund shall be made in any case when the refund application is made more than three years from the last day of the tax year for which such assessment is made, or within one year from the date of the assessment, whichever is later. No refund of less than five dollars shall be issued to a taxpayer, unless specifically requested by the taxpayer pursuant to Va. Code § 58.1-3516.
(Adopting Ordinance)
   (d)   Interest. If taxes based on the erroneous assessment have been paid, the erroneously assessed and paid taxes shall be refunded with interest at the annual rate of ten percent on the total sum of the taxes overpaid, including any penalty or delinquency interest applicable thereto charged and paid; provided, however, that no interest shall be paid on such refund if (i) the amount of the refund is ten dollars ($10.00) or less, or (ii) the refund is the result of a proration pursuant to Va. Code § 58.1-3516. Such interest shall be computed on a monthly basis beginning with the date such taxes were required to be paid, or were in fact paid, whichever is later.
(Ord. 84-05. Passed 6-18-84; Ord. 04-07. Passed 4-20-04; Ord. 04-10. Passed 6-8-04; Ord. 18- 14. Passed 7-11-18.)