An exemption of 10% of the assessed value of the property owned by an enrolled member as set forth below, or such enrolled member and their spouse, is hereby granted from taxation with respect to the real property taxes of the Village of Menands, as long as eligibility requirements are met.
[Adopted 3-20-2023 by L.L. No. 2-2023[1]]
[1]
Editor's Note: This local law also repealed former Art. III, Volunteer Fire Fighters Real Property Tax Exemption, adopted 1-7-1980.
Such exemption shall be granted to an enrolled member of an incorporated volunteer fire company or fire department, provided that:
A.
The property is owned by the volunteer firefighter;
B.
The property is the primary residence of the volunteer firefighter;
C.
The property is used exclusively for residential purposes; (If a portion of the property is used for other purposes, the exemption would be prorated accordingly.)
D.
The volunteer firefighter resides in the Village of Menands, and the Village of Menands is served by such an incorporated volunteer fire company or fire department;
E.
The volunteer firefighter is certified by the authority having jurisdiction as an enrolled member of such an incorporated volunteer fire company or fire department; and
F.
The volunteer firefighter meets the minimum service established by the Village of Menands, which is hereby established as two years.
A volunteer firefighter must annually, on or before the applicable taxable status date, file an application for such property tax exemption with the assessor responsible for preparing the assessment roll for the Village of Menands, on a form as prescribed by the New York State Commissioner of Taxation and Finance. The Village of Menands must maintain written guidelines, available upon request, as to the requirements of an enrolled volunteer member relating to this exemption.
The Village of Menands must annually file with the assessor, prior to the applicable taxable status date, a list of the active volunteer members (including fire police) who are certified to meet the minimum service requirement. Such a list must provide, 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. (The years of service are in effect from the date of enrollment into the fire service and retroactive of the adoption of this article.)
An applicant who is receiving any benefit pursuant to Article 4 of the Real Property Tax Law as of the effective date of this article shall not have any of those benefits diminished because of this article.
Any eligible enrolled member who accrues more than 20 years of active volunteer service (as certified by the authority having jurisdiction, including another municipality within the same county) 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 the Village of Menands. (All time served would qualify irrespective of whether the time is continuous or not.)
The unremarried surviving spouse of a deceased enrolled member killed in the line of duty, as certified by the authority having jurisdiction, is qualified to continue to receive an exemption, as long as the deceased volunteer had been an enrolled member for at least five years and had been receiving the exemption at the time of his or her death.
The unremarried surviving spouse of a deceased enrolled member, as certified by the authority having jurisdiction, is qualified to continue to receive an exemption, as long as the deceased volunteer had been an enrolled member for at least 20 years and the deceased volunteer and unremarried spouse had been receiving the exemption at the time of his or her death.