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HomeMy WebLinkAbout05 83 . -.. . ORDINANCE NO. 5-83 AN ORDINANCE IMPOSING AN EXCISE TAX ON SALES OF REAL ESTATE AND PROVIDING FOR THE COLLECTION THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS, JEFFERSON COUNTY, WASHINGTON: SECTION 1 IMPOSITION OF THE REAL ESTATE EXCISE TAX Pursuant to RCW 82.46.010 (1), there is hereby imposed a tax of one-fourth of one percent of the selling price of each sale of real property located within the unincorporated limits of this County. SECTION 2 TAXABLE EVENTS Taxes imposed herein shall be collected from persons who are taxable by the State under Chapter 82.45 RCW and Chapter 458-61 WAC upon the occurrence of any taxable event, within the un incorporate limits of this County. SECTION 3 CONSISTENCY WITH STATE TAX The tax imposed herein shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the State under Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters, to the extent they are not inconsistent with this ordin- ance, shall apply as though fully set forth herein. SECTION 4 DISTRIBUTION OF TAX PROÇEEDS (1) The County Treasurer shall place one percent of the proceeds of the taxes imposed herein in the County Current Expense Fund to defray costs of collection. (2) The remaining proceeds from County taxes imposed herein shall be placed in a County Capital Improve- ments Fund. These capital improvement funds shall be used for local improvements including those listed in RCW 35.43.040. (3) This section shall not limit the existing authority of this County to impose special assessments on property benefited thereby in the manner prescribed by law. SECTION 5 SELLORIS OBLIGATION The tax imposed herein is the obligation of the seller and may be enforced through the action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. SECTION 6 LIEN PROVISIONS The taxes imposed herein and any interest or penalties thereon are the specific lien upon each" piece of real property sold from the time of sale or until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. Resort to one course of enforcement is not an election not to pursue the other. -1- VOL ,...,... ~ ~~ 9 f'AŒ 03tj:\J' ~ .,,¡¥ .. ~. L ... 4' SECTION 7 NOTATION OF PAYMENT The tax imposed herein shall be paid to and collected by the Jefferson County Treasurer. The County Treasurer shall act as agent for the collection of the tax. The County Treasurer shall cause a stamp evidencing satis- faction of the lien to be affixed to the instrument of sale or conveyance prior to its recording or to the real estate excise tax affidavit in the case of mobile home sales. A receipt issued by the County Treasurer for the payment of the tax imposed herein shall be evidence of the satisfaction of the lien imposed in Section 6 of this Ordinance and may be recorded in the manner prescribed for recording satisfactions or mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the County Auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the County Treasurer. SECTION 8 DATE PAYABLE (1) The tax imposed hereunder shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the time of payment. (2) Any interest or penalties collected shall be deposited in the Capital Improvement Fund defined in Section 4 (2). SECTION 9 SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances is not affected. SECTION 10 EFFECTIVE DATE This Ordinance shall take effect on 15th Day of November 1983 PASSED by the Board of County Commissioners of the County of Jefferson, signed by the Commissioners and attested to by the 7l)i" k of the B~d~ authorization of such passage this ~lP, 7":; day of ~, 1983. '" ~,¡ '. . I I,. ";,.J 'v...._._.,...~' If/ " . \ ., .,." .?1.' r, ~ . . ",,,... ,'II "" 'o" ":,1';', '.. .. <' ~" '. "<~~ :-. ~ " ~ ;"", j" 1" ~r. /.. I o < 9i1 ( nh/l'1.//ð~4 / A. M. OlHEARA,~~h~an ' ;:J' 0 ~ B. G. ,BROWN'~ ~, ~HN L. PITTS, Member , ,,'r,- i ~t"I "':'" .. ~EJ\J}¡:, "1, " " " Iw.-" ~ ,-< :"~ ". '.' ..., "b. ~ .) î¡', ~,.' ATTEST: Approved as to form: Attorney \!r! 9 r ~.ft n af168 ~""'!''''''!!'''',;~~~,~''!';I:;':1If:''''''''''' 0f.''$O'....-.'{.,''"' ':"""':"~"h"~""'II':"~;,'J"""""'~~:::---"""':" ,,,... ".';" -. "."";; "\: - '~. "'I,.'.~ -, .,,-,,t""'><...:'" i 1~"oõ,''-;'~~''f''¡ .'\'{?!:'"I' 'r""'~"'~":~'~~~:"Y'·$' r·"'~;''''''~~M,r'~~~t'~·,I1M~ltJ;,~~~--:-<~A~~~;~r Jefferson County BOARD OF COUNTY COMMISSIONERS Port Townsend, Washington 98368 · Phone (201) 315-2018 A.M. O'MEARA, DISTRICT 1 B.G. BROWN, DISTRICT 2 JEFFERSON COUNTY COURTHOUSE NATIONAL HISTORIC SITE PORT TOWNSEND, WASHINGTON JOHN L. PITTS, DISTRICT 3 November 15, 1983 Department of Revenue Office Audit Section General Administration Olympia, Wa. 98504 Bldg. AX-02 Attn: Tom Reeves Dear Mr. Reeves, Enclosed herewith is a copy of Jefferson Countyls Ordinance #5-83, imposing a one-fourth' of one percent excise tax on sales of Real Estate pursuant to RCW 82.46.010 (i), If there is anything additional I need to do, please advise. Sincerely, Jerdine C. Bragg Clerk of the Board JCB/ld enclosure VOL 9 'Irr t ...,;,_ O "'} C' r-*.") ...JU~"'" I' Jefferson County . BOARD OF COUNTY COMMISSIONERS Port Townsend, Washington 98368 · Phone (208) 386-2018 A.M. O'MEARA, DISTRICT 1 B.G. BROWN, DISTRICT 2 JEFFERSON COUNTY COURTHOUSE NA nONAl HISTORIC SITE PORT TOWNSEND, WASHINGTON JOHN L. PITTS, DISTRICT 3 November 1, 1983 Jefferson Title Company Land Title Company of Jefferson County Pioneer National Title Insurance Company Dear Sirs, Enclosed herewith is a copy of Jefferson County's Ordinance No. 5-83, imposing a one-fourth of one percent excise tax on sales of Real Estate pursuant to RCW 82.46.010 (1), adopted by the Jefferson County Board of Commissioners the 26th day of October 1983. Please note the effective date of November 15, 1983. If you have any questions please call. Sincerely, JEFFERSON COUNTY BOARD OF COMMISSIONERS A.M.' OlMeara, Chairman AMO/ld enclosures '. VOL 9 'Art: r ...dJ_ On", ~ ....6UO I