Legal Notice of Public Hearing re Local Law: Chapter 245 Cold War Veterans Taxation Exemption

Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of October, 2017 at 7:30 p.m. at which time all interested persons will be given an opportunity to be heard.

The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 245 Taxation, in connection with the Cold War Veterans Exemption” reads as follows:

LOCAL LAW NO.     2017

A Local Law entitled, “A Local Law in relation to Amendments to Chapter 245 Taxation, in connection with the Cold War Veterans Exemption”.

BE IT ENACTED by the Town Board of the Town of Southold as follows:

I. Purpose.
To amend Chapter 245 to remove the ten year time limit on the Cold War Veterans property tax exemption as recently authorized by the New York State Code.

II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows:

245-17
Definitions
COLD WAR VETERAN – A person, male or female, who served on active duty for a period of more than 365 days in the United States armed forces, during the time period from September 2, 1945 to December 26, 1991, was discharged or released therefrom under honorable conditions and has been awarded the Cold War recognition certificate as authorized under Public Law 105-85, the 1998 National Defense Authorization Act.

245-18
Exemption granted.

A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of
the assessed value of such property; provided, however, that such exemption shall not
exceed $54,000 or the product of $54,000 multiplied by the latest state equalization or the
latest class ratio, whichever is less.

B. In addition to the exemption provided by Subsection A of this section, where the Cold
War veteran received a compensation rating from the United States Department of
Veterans Affairs or from the United States Department of Defense because of a
service-connected disability, qualifying residential real property shall be exempt from
taxation to the extent of the product of the assessed value of such property multiplied by
50% of the Cold War veteran disability rating; provided, however, that such exemption
shall not exceed $180,000 or the product of $180,000 by the latest state equalization rate
or the latest class ratio, whichever is less.

C. If a Cold War veteran receives the exemption under Article VI of this Chapter, the Cold
War veteran shall not be eligible to receive the exemption under this section.

D. The exemption provided by Subsection A of this section shall be granted for a period of
10 years. The commencement of such ten-year period shall be governed pursuant to this
subsection. Where a qualified owner owns qualifying residential real property on the
effective date of this section, such ten-year period shall be measured from the assessment
roll prepared pursuant to the first taxable status date occurring on or after the effective
date of this section. Where a qualified owner does not own qualifying residential real
property on the effective date of this section, such ten-year period shall be measured from
the assessment roll prepared pursuant to the first taxable status date occurring at least 60
days after the date of purchase of qualifying residential real property; provided, however,
that should the veteran apply for and be granted an exemption on the assessment roll
prepared pursuant to a taxable status date occurring within 60 days after the date of
purchase of residential real property, such ten-year period shall be measured from the
first assessment roll in which the exemption occurs. If, before the expiration of such
ten-year period, such exempt property is sold and replaced with other residential real
property, such exemption may be granted pursuant to this subsection for the unexpired
portion of the ten-year exemption period.

D. E. Application for exemption shall be made by the owner, or all of the owners, of the
property on a form prescribed by the state board. The owner or owners shall file the
completed form in the Assessor’s Office on or before the first appropriate taxable status
date. The owner or owners of the property shall not be required to refile each year.
Applicants shall refile on or before the appropriate taxable status date. Applicants that
have previously filed and received a Cold War Veterans Exemption with a pending
expiration date shall not be required to file and the Exemption shall renew automatically
without an expiration date. Any applicant convicted of willfully making any false
statement in the application for such exemption shall be subject to the penalties
prescribed in the Penal Law.

E. F. The exemption allowable under this article may be extended to taxation of school
districts if the governing body of the school district in which the property is located
adopts a resolution providing such exemption as provided in § 458-b(2)(d)(i). Any such
resolution shall be provided to the Town of Southold Assessors’ Office on or before
March 1 for the assessment roll issued within the year.

III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

IV. EFFECTIVE DATE
This Local Law shall take effect January 1, 2018 after filing with the Secretary of State as provided by law.

 

Dated: October 10, 2017                               BY ORDER OF THE TOWN BOARD

OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Southold Town Clerk

 

 

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