Section 11-2715. Notices and limitations of time  


Latest version.
  • a. Any notice authorized or
      required under the provisions of this chapter may be given to the person
      for  whom  it is intended by mailing it in a postpaid envelope addressed
      to such person at the address given in the return filed by  him  or  her
      pursuant to the provisions of this chapter or in any application made by
      him  or  her  or,  if no such return has been filed or application made,
      then to the address of the premises immediately adjoining the vault. The
      mailing  of  a  notice  as  in  this  subdivision  provided,  shall   be
      presumptive  evidence  of  the receipt of the same by the person to whom
      addressed. Any period of time  which  is  determined  according  to  the
      provisions of this chapter by the giving of notice shall commence to run
      from the date of mailing of such notice as in this subdivision provided.
        b. The provisions of the civil practice law and rules or any other law
      relative  to  limitations  of time for the enforcement of a civil remedy
      shall not apply to any  proceeding  or  action  taken  by  the  city  to
      appraise, assess, determine, levy or enforce the collection of any vault
      charge  or penalty provided by this chapter. However, except in the case
      of a wilfully false or fraudulent return with intent to evade the  vault
      charge,  no  assessment  shall be made after the expiration of more than
      three years from the date of such return; provided, however, that  where
      no return has been filed as provided by law, the annual vault charge may
      be assessed at any time.
        c.  Where,  before  the expiration of the period prescribed herein for
      the assessment of an additional vault charge, a person has consented  in
      writing  that  such  period  be  extended, the amount of such additional
      vault charge due may be determined at  any  time  within  such  extended
      period.  The  period  so  extended may be further extended by subsequent
      consents in writing made before the expiration of the extended period.
        d. If any return, claim,  statement,  notice,  application,  or  other
      document  required  to  be  filed,  or  any payment required to be made,
      within a prescribed period or on  or  before  a  prescribed  date  under
      authority of any provision of this chapter is, after such period or such
      date,  delivered  by  United States mail to the commissioner of finance,
      the tax appeals tribunal, bureau, office, officer or person  with  which
      or  with  whom  such document is required to be filed, or to which or to
      whom such payment is required to be made, the date of the United  States
      postmark  stamped  on  the  envelope  shall  be deemed to be the date of
      delivery. This subdivision shall apply only if the postmark  date  falls
      within the prescribed period or on or before the prescribed date for the
      filing  of  such  document,  or  for  making  the payment, including any
      extension granted for such filing or payment, and only if such  document
      or  payment  was  deposited  in  the  mail,  postage  prepaid,  properly
      addressed to the commissioner of  finance,  the  tax  appeals  tribunal,
      bureau,  office,  officer or person with which or with whom the document
      is required to be filed or to which or to whom such payment is  required
      to  be  made.  If any document is sent by United States registered mail,
      such registration shall be prima facie evidence that such  document  was
      delivered  to  the  commissioner  of  finance, the tax appeals tribunal,
      bureau, office, officer or person to which or to whom addressed, and the
      date of registration shall be deemed the postmark date. The commissioner
      of finance and, where relevant, the tax appeals tribunal are  authorized
      to  provide  by  regulation  the  extent  to which the provisions of the
      preceding sentence with respect to prima facie evidence of delivery  and
      the  postmark date shall apply to certified mail. This subdivision shall
      apply in the case of postmarks not made  by  the  United  States  postal
      service  only  if  and  to  the  extent  provided  by  regulation of the
      commissioner of finance or, where relevant, the tax appeals tribunal.
    
        e. When the last  day  prescribed  under  authority  of  this  chapter
      (including  any  extension  of  time)  for performing any act falls on a
      Saturday, Sunday or legal holiday in the state, the performance of  such
      act shall be considered timely if it is performed on the next succeeding
      day which is not a Saturday, Sunday or legal holiday.