[Adopted 11-24-1980 by L.L. No. 3-1980; amended in its entirety 2-26-1996 by L.L. No. 2-1996]
This article shall be known as the "Veterans'
Proportional Exemption Law of the Town of Salina."
The purpose of this article is to preserve the
ratio which each veterans exemption from taxation on real property
bears to the total assessed value of the real property for which such
exemption has been granted whenever such total assessed value increases
or decreases due only to a change in the manner of assessing, as provided
for in § 458, Subdivision 5, of the Real Property Tax Law
of the State of New York.
Terms used herein shall be subject to the same
definitions as set forth in § 458, Subdivision 5(c), of
the Real Property Tax Law of the State of New York.
A.
Notwithstanding the limitation of the amount of exemption
prescribed in Subdivision 1 or 2 of § 458 of the Real Property
Tax Law of the State of New York, if the total assessed value of the
real property for which a veterans exemption pursuant to said section
has been granted increases or decreases as the result of a revaluation
or update of assessments and a material change in level of assessment
is certified for the assessment roll, pursuant to the rules of the
State Board of Equalization and Assessment, the Assessor shall increase
or decrease the amount of such exemption by multiplying the amount
of such exemption by the change in the level of assessment factor.
If the Assessor receives the certification after the completion, verification
and filing of the final assessment roll, the Assessor shall certify
the amount of exemption, as recomputed pursuant to the procedure herein
to the local officers having custody and control of the roll, and
such local officers are hereby directed and authorized to enter the
recomputed exemption certified by the Assessor on the roll.
B.
Owners of real property who previously received an
exemption pursuant to § 458 but opted instead to receive
an exemption pursuant to § 458-a of the Real Property Tax
Law are hereby authorized to receive an exemption pursuant to said
§ 458 in lieu of said exemption previously recorded upon
application made by the owner and received by the town within one
year of the adoption of this article. Upon application
by such owner, the Assessor shall recompute all exemptions granted
pursuant to this section by multiplying the amount of each such exemption
by the cumulative change in the level of assessment certified by said
State Board measured from the assessment roll immediately preceding
the assessment on which exemptions were first granted pursuant to
§ 458-a; provided, however, that if an exemption pursuant
to § 459 was initially granted to a parcel on a later assessment
roll, the cumulative change in level factor to be used in recomputing
that exemption shall be measured from the assessment roll immediately
preceding the assessment roll on which that exemption was initially
granted. No refund or retroactive entitlement shall be granted.
C.
Such adjustments shall be made by the Assessor in
the manner provided in § 458 of the Real Property Tax Law
of the State of New York, and no application therefor need be filed
by or on behalf of any owner of any eligible property, except as otherwise
provided therein.
