[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Estates 3-9-1987 by L.L. No. 2-1987 (Ch.
6 of the 1981 Code). Amendments noted where applicable.]
A.
Section 3-301, Subsection 2b, of the Village Law of
the State of New York is hereby repealed in its application to the
Village of Great Neck Estates.
B.
The Village shall have a Board of Assessors, which
shall consist of seven members, to be appointed by the Mayor with
the approval of the Board of Trustees. The Assessors shall each serve
for a term of one official year, and any vacancy on the Board of Assessors
shall be filled by appointment in the same manner as the original
appointment for the balance of the unexpired term. The Board of Assessors
shall have the powers and duties prescribed for assessors by law.
[Amended 5-14-2012 by L.L. No. 8-2012]
[Added 10-31-1990 by L.L. No. 5-1990]
A.
Where real property is income-producing property,
the owner shall be required to submit annually to the Assessor, not
later than the first day of June, a statement of all income derived
from and all expenses attributable to the operation of such property
as follows:
(1)
Where the owner's books and records reflecting the
operation of the property are maintained on a calendar year basis,
the statement shall be for the calendar year preceding the date the
statement is required to be filed.
(2)
Where the owner's books and records reflecting the
operation of the property are maintained on a fiscal year basis for
federal income tax purposes, the statement shall be for the last fiscal
year concluded as of the first day of January preceding the date the
statement is required to be filed.
(3)
Notwithstanding the provisions of Subsection A(1) and (2), where the owner of the property has not operated the property and is without knowledge of the income and expenses of the operation of the property for a consecutive twelve-month period concluded as of the first day of January preceding the date the statement shall be filed, then the statement shall be for the period of ownership.
(4)
The Assessor may, for good cause shown, extend the
time for filing an income and expense statement by a period not to
exceed 30 days.
B.
Such statements shall contain the following declaration:
"I certify that all information contained in this statement is true
and correct to the best of my knowledge and belief. I understand that
the willful making of any false statement of material fact herein
will subject me to the provisions of law relevant to the making and
filing of false instruments and will render this statement null and
void."
C.
The form on which such statement shall be submitted
may be prepared by the Assessor and copies of such form may be made
available at the Village office.
D.
Failure to file statement within required time.
(1)
In the event that an owner of income-producing property fails to file an income and expense statement within the time prescribed in Subsection A of this section, such owner shall be subject to penalty in an amount not to exceed 3% of the assessed value of such income-producing property determined for the current fiscal year; provided, however, that if such statement is not filed by the last day of June, the penalty shall be in an amount not to exceed 4% of such assessed value. If, in the year immediately following the year in which an owner fails to file by the last day of June, the owner again fails to file an income and expense statement within the time prescribed in Subsection A of this section (determined with regard to any extension of time for filing), such owner shall be subject to a penalty in an amount not to exceed 5% of the assessed value of such property determined for the current fiscal year. Such owner shall also be subject to a penalty of up to 5% of such assessed value in any year immediately succeeding a year in which a penalty of up to 5% could have been imposed, if in such succeeding year the owner fails to file an income and expense statement within the time prescribed in Subsection A of this section (determined with regard to any extension of time for filing). The penalties prescribed in this subsection shall be determined by the Assessor after notice and an opportunity to be heard.
(2)
The Assessor and any body which reviews assessments
shall deny a hearing on any objection to the assessment of property
for which an income and expense statement is required and has not
been timely filed.
(3)
Where an income and expense statement required under
the provisions of this section has not been timely filed, the Assessor
may compel by subpoena the production of the books and records of
the owner relevant to the income and expenses of the property and
may also make application to any court of competent jurisdiction for
an order compelling the owner to furnish the required income and expense
statement.
E.
As used in this section, the term "income-producing
property" means property owned for the purpose of securing an income
from the property itself, residential property owned by cooperative
corporations and property owned in condominium form of ownership.
F.
Except in accordance with proper judicial order or
as otherwise provided by law, it shall be unlawful for the Assessor,
any officer or employee of the Village or any person engaged or retained
by the Village on an independent contract basis or any person who,
pursuant to this section, is permitted to inspect any income and expense
statement or to whom a copy, an abstract or a portion of any such
statement is furnished, to divulge or make known in any manner the
amount of income and/or expense or any particulars set forth or disclosed
in any such statement required under this section. The Assessor or
officer or employee of the Village charged with the custody of such
statements shall not be required to produce any income and expense
statement or evidence of any information contained in them in any
action or proceeding in any court, except on behalf of the Village.
Nothing herein shall be construed to prohibit the delivery to an owner
or his or her duly authorized representative of a copy of any statement
filed by such owner pursuant to this section, or to prohibit the publication
of statistics so classified as to prevent the identification of particular
statements and the items thereof, or the inspection by the legal representatives
of the Village of the statement of any owner who shall bring an action
to correct the assessment.
