[Adopted 8-8-1994 by L.L. No. 4-1994]
Pursuant to § 6 of Chapter 602 of
the Laws of 1993, as amended by a chapter of the Laws of 1994 as proposed
in legislative bill number S. 8560-A,[1] the Village of Lake Success hereby acts, by local law
not subject to referendum, to provide that the collection of property
taxes shall continue to be enforced pursuant to Title 3 of Article
14 of the Real Property Tax Law, as is in effect on December 31, 1994.
[1]
Editor's Note: See L. 1994, c.532.
Upon adoption, and no later than October 1,
1994, a copy of this article shall be filed with the New York State
Board of Equalization and Assessment.
This Article shall take effect on the same day
as a chapter of the Laws of 1994 takes effect as proposed in legislative
bill number S. 8560-A, except that if S. 8560-A shall become a law
prior to adoption of this article, this article shall take effect
immediately.[1]
[1]
Editor's Note: S. 8560-A was signed into law
8-26-1994. See L. 1994, c.532.
[Added 11-18-2019 by L.L. No. 5-2019[1]]
A.
For the purposes of this section, "income-producing property" means
real property used for, but not limited to, commercial, industrial,
utility, and residential purposes, but excludes residential property
containing three dwelling units or less and class two properties as
defined by Subdivision 1 of § 1802 of the Real Property
Tax Law.
B.
Where real property is an income-producing property, the owner shall
be required to submit annually to the Assessor not later than the
first day of April a statement of all income deriving from and all
expenses attributable to the operation of such property. All such
statements shall be filed 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 shall 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 March preceding the date the statement shall
be filed.
(3)
Notwithstanding the provisions of Subsections B(1) and (2) 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 March preceding the date the statement shall be filed, then the statement shall be for the period of ownership, and shall include, if applicable, the sale price and the identity of the grantor(s).
(4)
The Assessor may for good cause extend the time for filing an income
and expense statement by a period not to exceed 60 days.
C.
Such statement shall contain the following declaration, signed by
the owner of the income-producing property or a certified public accountant:
"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 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."
D.
The form on which such statement shall be submitted shall be prepared
by the Assessor, and copies of such form shall be made available at
the offices of the Assessor and on the official website of the Village.
The statement may require rent rolls, lease information, contamination
reports, and any other information as shall be prescribed by the Assessor,
limited to such information as is relevant and necessary for the accurate
assessment of real property on an annual basis. The Assessor shall,
by rule, require such statement be submitted electronically in such
form and such manner as the Assessor may determine. For good cause,
the Assessor may waive any rule requiring electronic filing and may
permit a statement to be filed in such other manner as the Assessor
may designate. Any filing in paper format must be filed with the Assessor
at such address as may be designated by the Assessor.
E.
Except in accordance with a proper judicial order or as otherwise
provided by law, it shall be unlawful for any officer or employee
of the Village, 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 except as provided in this
section, 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 any officer or employee of the Village charged with
the custody of such statements shall not be permitted or required
to produce any income and expense statement or evidence of anything
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 certified copy of any statement filed by such owner pursuant
to this section, or to prohibit the inspection by the legal representatives
of the Village of the statement of any owner who shall bring an action
to correct the assessment.
F.
On or before February 1 of each year, the Assessor shall mail, to the owners of record of income-producing properties in the Village, a notification of the requirements of this section. In the event that an owner of an income-producing property fails to file an income and expense statement within the time prescribed in Subsection B of this section, such owner shall be provided with written notice of that failure by the Assessor, and shall be afforded an opportunity to cure the failure by filing an income and expense statement within 60 days thereafter. If the owner fails to cure the failure within such sixty-day period, the owner shall be subject to a civil penalty in the amount not to exceed $500. All penalties assessed by the Assessor, when paid, shall be appropriated solely for use in the assessment of commercial properties in the Village, and for no other purpose.
G.
If such penalties are not paid within 30 days from the date of assessment
of the penalty, it shall bear interest thereon at the rate of interest
applicable to such property for a delinquent tax on real property,
to be calculated to the date of payment from the date of entry. The
penalties prescribed in this subsection may be collected in an action
brought against the owner of the income-producing property in a court
of competent jurisdiction. The institution of any such action shall
not suspend or bar the right to pursue any other remedy provided by
law for the recovery of such penalties.
H.
In any action to collect penalties imposed by the Assessor, proof of mailing of the notices required by Subsection F of this section shall be submitted and shall be required to establish entitlement to a monetary judgment in such action. However, failure to prove mailing of such notices shall not relieve the owner of the obligation to submit income and expense statements as may be otherwise required by this section or in a proceeding relating to the assessment of taxes against the owner's property.
[1]
Editor's Note: This local law provided an effective date of
1-1-2020.
