[Amended 5-9-2023 by L.L. No. 8-2023]
The Real Property Tax Law has been amended by the addition of
a new § 466-a, which permits Monroe County to grant a partial
tax exemption on real property owned by an enrolled member of an incorporated
volunteer fire company, fire department, or incorporated voluntary
ambulance service or such enrolled member and spouse. Said partial
exemption is 10% of the assessed value of such property for all County,
part County, and special district purposes.
An exemption of 10% of assessed value of property owned by an
enrolled member or such enrolled member and spouse is hereby granted
from taxation with respect to all County, part County, and special
district purposes, subject to the requirements set forth in this article.
Such exemption shall be granted to an enrolled member of an
incorporated volunteer fire company, fire department, or incorporated
voluntary ambulance service provided that:
A. The applicant resides in a city, town, or village within Monroe County
which is served by such incorporated volunteer fire company or fire
department or incorporated voluntary ambulance service;
B. The property is the primary residence of the applicant;
C. The property is used exclusively for residential purposes; provided,
however, that in the event any portion of such property is not used
exclusively for the applicant's residence but is used for other purposes,
such portion shall be subject to taxation and the remaining portion
only shall be entitled to the exemption provided by this section;
D. The applicant has been certified in accordance with §
357-61 as enrolled member of an: 1) incorporated volunteer fire company or fire department for at least two years; or 2) incorporated voluntary ambulance service for at least two years; and
E. The applicant complies with the requirements of §
357-59.
Any enrolled member of an incorporated volunteer fire company,
fire department or incorporated voluntary ambulance service who accrues
more than 20 years of active service and is so certified by the authority
having jurisdiction for the incorporated volunteer fire company, fire
department or incorporated voluntary ambulance service shall be granted
the 10% exemption as authorized by this article for the remainder
of his or her life as long as his or her primary residence is located
within Monroe County.
Application for such exemption shall be filed with the assessor
for the municipality in which the property is located on or before
the taxable status date on a form as prescribed by the Commissioner
of Tax and Finance.
No applicant who is a volunteer firefighter or volunteer ambulance
worker who by reason of such status is receiving any benefit under
the provisions of Article 4 of the Real Property Tax Law on the effective
date of this article shall suffer any diminution of such benefit because
of the provisions of this article.
Each incorporated volunteer fire company, incorporated volunteer
fire department and incorporated voluntary ambulance service shall
file a notice annually with the assessor for the municipality in which
the property is located, prior to the applicable taxable status date,
certifying its enrolled members with two or more years of service.
Such notice shall list as of the applicable taxable status date the
number of years of service served by each such enrolled member and
such enrolled member's address of residence.
[Added 5-9-2023 by L.L. No. 8-2023]
An unremarried spouse of a deceased enrolled member of an incorporated
volunteer fire company, fire department, or incorporated voluntary
ambulance service is eligible for the exemption set forth in this
article if such member is killed in the line of duty, provided, however,
that:
A. Such unremarried
spouse is certified by the incorporated volunteer fire company, fire
department or incorporated voluntary ambulance service as an unremarried
spouse of an enrolled member of such incorporated volunteer fire company,
fire department or incorporated voluntary ambulance service who was
killed in the line of duty; and
B. Such deceased
volunteer had been an enrolled member for at least five years; and
C. Such deceased
volunteer had been receiving the exemption prior to his or her death.
[Added 5-9-2023 by L.L. No. 8-2023]
An unremarried spouse of a deceased enrolled member of an incorporated
volunteer fire company, fire department, or incorporated voluntary
ambulance service is eligible for the exemption set forth in this
article, provided, however, that:
A. Such unremarried
spouse is certified by the incorporated volunteer fire company, fire
department or incorporated voluntary ambulance service as an unremarried
spouse of a deceased enrolled member of such incorporated volunteer
fire company, fire department or incorporated voluntary ambulance
service; and
B. Such deceased
volunteer had been an enrolled member for at least 20 years; and
C. Such deceased
volunteer and unremarried spouse had been receiving the exemption
for such property prior to the death of such volunteer.