[Adopted 3-21-2019 by L.L. No. 1-2019]
A.
Where a grievance has been filed with the Board of Assessment Review
and if the subject property is or may be considered to be income-producing
property, the Assessor or Board of Assessment Review shall require
the property owner to submit an income and expense statement and other
information concerning the property on forms provided by the Assessor's
Office. Such forms shall be completed and submitted to the Assessor's
Office within seven calendar days after the Assessor or Board of Assessment
Review has notified the property owner that such forms must be submitted.
The Assessor or Board of Assessment Review may extend the time for
filing an income and expense statement for a period not to exceed
14 days upon a demonstration of good cause by the filer.
B.
When the notification referred to in Subsection A above is given by regular mail, such notification shall be deemed received by the property owner five calendar days after mailing. When such notification is given by overnight delivery, such notification shall be deemed received by the property owner the following day. If such notification is given personally to the property owner, such notification shall be deemed received upon such personal delivery.
C.
As used in this article, the term "income-producing property" means
(i) real property and (ii) any building, structure or property constructed,
affixed or installed on, in or under real property, which generates
income or which contributes to the generation of income.
D.
When the owner's books and records pertaining to the operation of
the property are maintained on a calendar-year basis, the income and
expense statement shall be for the last calendar year ending prior
to the date that the statement is filed with the Board of Assessment
Review. When the owner's books and records pertaining to the operation
of the property are maintained on a fiscal-year basis, the income
and expense statement shall be for the last fiscal year ending prior
to March 1 of the year that the statement is filed with the Board
of Assessment Review.
E.
Each income and expense statement shall contain the following declaration:
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"I certify that all information contained in this income and
expense statement and on the forms submitted therewith 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 may render all or a portion of this
statement and other information provided null and void."
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F.
The form of the income and expense statement and other information
forms submitted therewith shall be prepared by, and may be modified
by, the Assessor.
The Board of Assessment Review and Assessor are authorized to
make and issue rules and regulations to effectuate the purposes of
this article, which rules and regulations shall have the effect of
law and may be enforced in the same manner as this article.
All officers, employees, contractors, agents and assigns of
the Town of Crawford shall endeavor to maintain the confidentiality
of the contents of all income and expense statements and related forms
submitted, except, however, such statements and forms may be furnished
in any administrative or judicial proceeding pertaining to the assessed
value of the property.
If a property owner fails to file the income and expense statement
and other required completed forms within seven days after notification
of the requirement to do so or within an extension period approved
by the Assessor or Board of Assessment Review, then:
A.
The property owner's grievance shall be deemed dismissed by the Board
of Assessment Review; and
B.
In addition to and not in lieu of Subsection A above, such owner shall be subject to a penalty in the amount of 3% of the assessed value of the property, which penalty shall be levied and collected as a tax in the same manner as other real property taxes; and
C.
In addition to and not in lieu of the remedies provided in Subsection A or B above, the Assessor may compel by subpoena the production of the books and records of the owner pertaining to the property and/or may make application to any court of competent jurisdiction for an order compelling the owner to furnish the required income and expense statement and related forms and the books and records of the owner pertaining to that property.
