[Adopted 11-19-2013 by L.L. No. 9-2013]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English Language,
unabridged (or latest edition).
The final assessment roll which satisfies both of the following
conditions. The roll is based upon:
The market value of real property improvements excluding
the land.
Real property, property or land as defined under paragraphs
(a) through (g) of subdivision 12 of New York Real Property Law.[1]
The Superstorm Sandy Assessment Relief Act as enacted by
New York State Legislature, Chapter 424 of 2013 Laws of the State
of New York.
The storms, rains, winds or floods which occurred within
the State of New York and the County of Suffolk during the period
October 29, 2012 and ending November 3, 2012.
The total assessed value of the property prior to any and
all exemption adjustments.
[1]
Editor's Note: See Real Property Tax Law, § 102,
Subdivision 12(a) through (g).
This article adopts and implements the provisions of the Superstorm
Sandy Assessment Relief Act, as enacted by the New York State Legislature,
Chapter 424 of the 2013 Laws of the State of New York, granting assessment
relief to the victims of Superstorm Sandy.
Notwithstanding any provision of law to the contrary, the Town
of Southold elects to provide assessment relief for properties damaged
by Superstorm Sandy, as authorized by the Relief Act, as follows:
|
Lost Improved Value of Property as a Result of Superstorm
Sandy
|
Reduction of Assessed Value Attributable to Improvements
on the Impacted Assessment Roll
|
|---|---|
|
At least 10% but less than 20%
|
15%
|
|
At least 20% but less than 30%
|
25%
|
|
At least 30% but less than 40%
|
35%
|
|
At least 40% but less than 50%
|
45%
|
|
At least 50% but less than 60%
|
55%
|
|
At least 60% but less than 70%
|
65%
|
|
At least 70% but less than 80%
|
75%
|
|
At least 80% but less than 90%
|
85%
|
|
At least 90% but less than 100%
|
95%
|
|
100%
|
100%
|
A.Â
To receive relief under this article, a property owner must submit
a written request to the Town Assessor's office on a form approved
by the Director of the New York State Office of Real Property Tax
Services and in accordance with the specific requirements of the Relief
Act. Such request shall attach any and all determinations made by
the Federal Emergency Management Agency, any and all reports made
by insurance adjusters, and describe in reasonable detail the damage
caused to the property by Superstorm Sandy and the condition of the
property and shall be accompanied by supporting documentation, if
available.
B.Â
The percentage of loss in improved value shall be adopted by the
Assessor from a written finding of the Federal Emergency Management
Agency, or, where no such finding exists, shall be determined by the
Assessor in a manner provided by the Relief Act, subject to review
by the Board of Assessment Review.
C.Â
Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in § 245-22 of this article, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this article, the excess shall be considered an error in essential fact as defined by Subdivision 3 of § 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by § 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by §§ 556 or 556-b of the Real Property Tax Law. If the error appears on a final assessment roll but not on a tax roll, such final assessment roll shall be corrected in the manner prescribed by § 553 of the Real Property Tax Law.
This article shall apply to the impacted assessment roll, as
that term is defined in the Relief Act and this article.[1]
[1]
Editor's Note: Former Art. X, Assessment and Tax Relief Related
to the COVID-19 Impact, adopted 1-19-2021 by L.L. No. 2-2021, deemed
to have been in full force and effect after 3-7-2020, and which immediately
followed this article, expired 5-1-2021.
