There is imposed a tax of one quarter of one percent of the selling price on each sale of real property within the corporate limits of this city. Proceeds from this tax shall be deposited in Fund No. 301 (real estate excise tax – first quarter percent fund), which fund is hereby established.
(Ord. 1324 § 1, 1985; Ord. 2836 § 1, 2013)
In accordance with RCW 82.46.035, and in addition to the excise tax on the sale of real property imposed by Sections 3.54.010 and 3.54.020, there is hereby imposed an excise tax on each sale of real property located within the corporate limits of the city of Prosser at the rate of one quarter of one percent of the selling price to be collected by the county as prescribed in RCW 82.46.060. Proceeds from this additional tax shall be deposited in a separate account in the municipal capital improvements fund and expended as authorized by law under RCW 82.46.035(5).
(Ord. 2545 § 1, 2006)
Taxes imposed herein shall be collected from persons who are taxable by the state under RCW Chapter 82.45 and WAC Chapter 458-61 upon the occurrence of any taxable event within the corporate limits of the city.
(Ord. 1324 § 2, 1985)
The taxes imposed herein shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise tax as imposed by the state under RCW Chapter 82.45 and WAC Chapter 458-61. The provisions of those chapters, to the extent they are not inconsistent with this chapter, shall apply as though fully set forth herein.
(Ord. 1324 § 3, 1985)
A. 
The county treasurer shall place one percent of the proceeds of the taxes imposed herein in the county current expense fund to defray the costs of collection.
B. 
The remaining proceeds from city taxes imposed herein shall be distributed to the city monthly, and those taxes imposed under Section 3.54.010 shall be placed by the city treasurer in a municipal capital improvements fund.
These capital improvements funds shall be used by the city for local improvements, including those listed in RCW 35.43.040.
C. 
This section shall not limit the existing authority of this city to impose special assessments on property benefitted thereby in the manner prescribed by law.
(Ord. 1324 § 4, 1985)
The taxes imposed herein are 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.
(Ord. 1324 § 5, 1985)
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.
(Ord. 1324 § 6, 1985)
The taxes imposed herein shall be paid to and collected by the treasurer of the county within which is located the real property which was sold. The county treasurer shall cause a stamp evidencing satisfaction of the line 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 used 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 line imposed in Section 3.54.060 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.
(Ord. 1324 § 7, 1985)
The tax imposed under this chapter 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 date of payment.
(Ord. 1324 § 8, 1985)
If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due, or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be refunded by the county treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of a miscalculation. Any refund shall be withheld from the next monthly distribution to the city.
(Ord. 1324 § 9, 1985)
The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.
(Ord. 2545 § 2, 2006)