(a) Notwithstanding the prohibition on disclosure set forth in §11-10-5d(a) of this code, the official designated to conduct publication of delinquent business and occupation taxes provided for by §8-13-24 of this code shall prepare the delinquent list in a manner set forth in the ordinance, so long as it is consistent with the requirements and limitations set forth herein. The ordinance shall require the designated code official adopt policies and procedures designed to verify each delinquency prior to publication.
(b) The delinquent list may include the name of the delinquent taxpayer and the year or years in which the delinquency arises.
(c) For each delinquent list published by the municipality, and prior to the publication, the official designated in the ordinance to oversee or conduct the publication shall take an oath, to be included in or attached to the delinquent list, certified by the city clerk or some other person duly authorized to administer oaths, in form and effect as follows:
“I, ______________________ (municipal official title) of _________________, do swear, to the best of my knowledge and belief, that the foregoing list of delinquent business and occupation taxes to be published on _______________, is complete and accurate, and, as of _________________ (date of certification), that I have not received payment from any of the entities listed for the delinquent amounts included in the list.”
(d) Nothing in this section shall be construed to subject the official designated to conduct publication of delinquent Business and Occupation Taxes under this section, or his or her representative or designee, to the penalties set forth in §11-10-5d(c) or any other penalty set forth in §11-10-5d et seq. of this code.
Structure West Virginia Code
Chapter 8. Municipal Corporations
Article 13. Taxation and Finance
§8-13-1. General Property and Benefit Taxes
§8-13-2. Correcting Erroneous Tax Levy
§8-13-4. Municipal License and Tax Thereon When State License Required
§8-13-5a. Public Utilities Tax
§8-13-7. Tax on Purchases of Intoxicating Liquors in Municipalities; Private Club Fees
§8-13-8. License Tax on Horse Racing and Dog Racing
§8-13-9. Motor Vehicle Operator's Tax
§8-13-11. Preservation of Prior Taxing Powers of Cities
§8-13-13. Special Charges for Municipal Services
§8-13-15. Collection of Municipal Taxes, Fines and Assessments
§8-13-15a. Providing for Payment at Banking Institutions
§8-13-16. Remedies for Failure to Collect, Account for or Pay Over Moneys
§8-13-17. Reports, etc., to Conform to Fiscal Year
§8-13-19. Capital Reserve Fund
§8-13-19a. Special Account for Federal and State Grants-in-Aid Authorized
§8-13-21. Disposition of Funds for Public Works When Materials, etc., Not Available
§8-13-22a. Investment of Municipal Funds
§8-13-22c. Restrictions on Investment
§8-13-23. Preparation, Publication and Disposition of Financial Statements
§8-13-24. Notice of Delinquency
§8-13-25. Delinquent List Preparation
§8-13-26. Publication and Posting of Delinquent Tax List; Costs
§8-13-27. Notice of Delinquent Lists to City Council and Retention of List by City