[Adopted 4-4-1988 by L.L.
No. 2-1988]
Where real property is income-producing property, the owner shall be
required to submit annually to the Village Assessor not later than the first
day of September a statement of all income derived from and all expenses attributed
to the operation of such property as follows:
A. 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 shall be filed.
B. 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 August preceding the date the statement shall be filed.
C. Notwithstanding the provisions of Subdivisions A and
B of this section, 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 August preceding the date of the statement shall be filed, then the statement
shall be for the period of ownership.
D. The Village Assessor may for good cause shown extend
the time for filing an income and expense statement by a period not to exceed
30 days.
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."
The form on which such statement shall be submitted shall be prepared
by the Village Assessor and copies of such form shall be made available at
the village offices in the Village of Bronxville.
As used in this article, the following terms shall have the meanings
indicated:
INCOME-PRODUCING PROPERTY
Property owned for the purpose of securing an income from the property
itself, but shall not include residential property containing six or fewer
dwelling units or property classified in Class one or two as defined in Article
Eighteen of the Real Property Tax Law containing six or fewer dwelling units
and one retail store.
Except in accordance with proper judicial order or as otherwise provided
by law, it shall be unlawful for the Village Assessor, or any official or
employee of the village, any member of the Board of Assessment Review, any
person engaged or retained by the village, the Village Assessor or the Board
of Assessment Review on an independent contract basis, or any person, who,
pursuant to this article, 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 article. The Village Assessor, Board of Assessment Review and any official
of or employee of the village charged with custody of such statements shall
not be required to produce any income and expense statement or evidence of
any contained in them in any action or proceeding in any court, except on
behalf of the village or the Village Assessor. Nothing herein shall be construed
to prohibit the delivery to an owner or his or her duly authorized representative
or a certified copy of any statement filed by such owner pursuant to this
article or to prohibit the publication of statistics so classified as to prevent
the identification of particular statements and the items thereof, or the
inspection of the legal representatives of the village or of the Board of
Assessment Review of the statement of any owner who shall bring an action
to correct the assessment. Any violation of the provisions of this section
shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding
one year, or both, at the discretion of the court, and if the offender is
an officer or employee of the village or member of the Board of Assessment
Review, the offender shall be dismissed from office.
The Village Assessor shall be authorized to promulgate rules and regulations
necessary to effectuate the purposes of this article.