[Adopted 4-12-1994 by L.L. No. 8-1994]
[Amended 6-14-1994 by L.L. No. 11-1994]
As used in this article, the following term(s)
shall have the meanings indicated:
APPLICANT
Any aggrieved party who files a grievance relative to the
assessment of an income producing property pursuant to the Real Property
Tax Law.
INCOME-PRODUCING PROPERTY
Real property leased to one or more tenants and owned for
the purpose of securing an income from the property itself, but shall
not include residential property containing three or fewer dwelling
units or property classified in Class One as defined in Article 18
of the Real Property Tax Law.
OWNER
The holder of legal title to the income-producing property.
[Amended 6-14-1994 by L.L. No. 11-1994]
The owner shall be required to certify, in writing,
any and all income and expense statements as follows: "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 Assessor, and copies of such form shall be
made available at said Assessor's office in the Town of New Castle.
[Amended 6-14-1994 by L.L. No. 11-1994]
In the event that an applicant fails to file an income and expense statement within the time prescribed in §
95-2 of this Article (including any extension of time for filing), the Board of Assessment Review shall dismiss any complaint in relation to the assessment of such property by the applicant.
In the event that an income and expense statement
required under the provisions of this article 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 expense 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 and the books and records to the income and expenses
of the property. In the event that such an order is issued, the Assessor
shall be entitled to recover from the owner the costs and expenses,
including attorney's fees, incurred by the town in connection with
the proceeding to obtain and enforce the order.
[Adopted 10-9-2018 by L.L. No. 12-2018]
As used in this article, the following term(s) shall have the
meanings indicated:
CONVERTED CONDOMINIUM UNIT
A dwelling unit held in condominium form of ownership that
has previously been on an assessment roll as a dwelling unit in other
than condominium form of ownership and has not been previously subject
to the provisions of § 581, Subdivision 1(a) of the New
York Real Property Tax Law or § 339-y, Subdivision 1(b)
of the New York Real Property Law.