[Adopted 3-25-2008 by L.L. No. 2-2008]
This article shall be known as "Converted Condominium
Assessment Method."
This article is enacted pursuant to the authority
of the New York State Municipal Home Rule Law, § 10, New
York State Town Law and New York State Real Property Tax Law, § 581(1)(c).
A.
The intent of the Village Board of the Village of
Manlius is to adopt this article as permitted by the Real Property
Tax Law ("RPTL"), § 581(1)(c) providing that the method
of assessing condominiums contained in RPTL § 581(1)(a)
shall not apply to converted condominium units in the Village of Manlius.
B.
The Village Board finds, upon the recommendation of
the Town of Manlius ("Town") Assessor, that it is desirable to the
greatest extent possible under the law to give the Town the option
of assessing single-family residences at market value. The Village
Board wishes to prevent the characterization of single-family residences
as condominiums since such characterization may prevent the assessor
from using the market value method of determining a property's value
for a single-family residence from being used and thus result in a
lower assessment than its current market value. The Village Board
of the Village of Manlius believes that uneven and unfair taxation
results when condominiums are not taxed at market value.
Pursuant to the authority granted to the Town
by RPTL § 581(1)(c), the provisions of RPTL § 581(1)(a)
shall not apply to converted condominium units within the Village
of Manlius. The Village of Manlius does not recognize converted condominium
units as defined in RPTL § 581(1)(c) as condominium units
for the purpose of assessing the value of said condominium.
If any part or provision of this article or
the application thereof to any person or circumstance be adjudicated
invalid by a court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this proposed local law or the application thereof
to other persons or circumstances, and the Village Board of the Village
of Manlius hereby declares that it would have passed this proposed
local law or the remainder thereof had such invalid application or
invalid provision been apparent.
All ordinances, local laws and parts thereof
that are inconsistent with this article are hereby repealed.
