[Adopted 11-8-1995 by L.L. No. 1-1995]
This article shall be known as the "Town of
Berne Veteran's Exemption Law Adopting Chapter 410 of the 1994 Laws
of the State of New York,. Subdivision 5, Section 458 of the New York
State Real Property Tax law, in Relation to Veteran's Exemptions."
Notwithstanding the limitation on the amount
of exemption prescribed in Subdivision 1 or 2 of Subdivision 5 of
§ 458 of the New York State Real Property Tax Law, if the
total assessed value of the real property for which such exemption
has been granted increases or decreases as the result of revaluation
or update of assessment, and a material change in level of assessment,
as provided in Title Two of Article Twelve of Chapter 410 of the 1994
Laws of New York State, is certified for the assessment roll pursuant
to the rules of the State Board, the Assessor shall increase or decrease
the amount of such exemption by multiplying the amount of such exemption
by such change in level of assessment. If the Assessor receives the
certification after the completion, verification and filing of the
final assessment roll, the Assessor shall certify the amount of exemption
as recomputed pursuant to this section to the local officers having
custody and control of the roll, and such local officers are hereby
directed and authorized to enter the recomputed exemption certified
by the Assessor on the roll.
Notwithstanding the provisions of Paragraph
(b) of Subdivision 6 of § 458 of the New York State Real
Property Tax Law, eligible owners of property who previously received
an exemption pursuant to Subdivision 5 of § 458, but who
opted instead to receive exemption pursuant to § 458-a,
are hereby authorized to received an exemption pursuant to Subdivision
5 of § 458 of the New York State Real Property Tax Law upon
timely application by the owner within one year of the adoption of
this article. Where such application is timely made, the Assessor
shall recompute all exemptions granted pursuant to this section by
multiplying the amount of each such exemption by the cumulative change
in level of assessment certified by the State Board measured from
the assessment roll immediately preceding the assessment roll on which
exemption were first granted pursuant to § 458-a; provided,
however, that if an exemption was initially granted to a parcel on
a later assessment roll, the cumulative change in level factor to
be used in recomputing that exemption shall be measured from the assessment
roll immediately preceding the assessment roll on which that exemption
was initially granted. No refunds or retroactive entitlements shall
be granted.
This article shall take effect on January 1,
1996.
