Section 11-2715.1. Vault charge amnesty program  


Latest version.
  • a. Notwithstanding any other
      provision  of  law  to  the  contrary,  there  is  hereby  established a
      nine-month amnesty program, beginning January  first,  nineteen  hundred
      eighty-nine and ending September thirtieth, nineteen hundred eighty-nine
      (hereinafter referred to as the "amnesty period"), for all persons owing
      the  annual  vault  charge imposed by this chapter. Such amnesty program
      shall be administered by the commissioner of finance and shall apply  to
      liabilities  for  annual  vault charge years ending prior to June first,
      nineteen hundred eighty-nine.
        b. (1) A person seeking amnesty pursuant to this section must,  during
      the  amnesty  period,  file  a  written  application  therefor  with the
      commissioner of finance, on a form prescribed by the  commissioner,  and
      must  provide such information as the commissioner may require. In order
      to qualify for amnesty, such person must pay all  annual  vault  charges
      for  which  he  or  she  is  liable.  Upon payment by such person to the
      commissioner of all such charges as provided in  this  subdivision,  the
      commissioner  shall  waive any applicable penalties and interest, and no
      civil, administrative or criminal action or proceeding shall be  brought
      against  such  person  with respect to the charges so paid. In addition,
      the commissioner shall  release  the  lien  binding  upon  the  premises
      immediately  adjoining  the  vault  pursuant to subdivision c of section
      11-2711 of this chapter for charges which became payable  prior  to  the
      time  such  person  acquired  title  to the premises. Failure to pay all
      charges as provided in this subdivision  shall  invalidate  any  amnesty
      granted pursuant to this section.
        (2)  In the case of any vault adjoining premises owned by a person who
      (A) prior to January  first,  nineteen  hundred  eighty-nine,  paid  all
      annual  vault charges and interest and penalties for which he or she was
      liable, and (B) is otherwise in full compliance with this  chapter,  the
      commissioner of finance shall release the lien binding upon the premises
      immediately  adjoining  the  vault  pursuant to subdivision c of section
      11-2711 of this chapter for charges which became payable  prior  to  the
      time such person acquired title to the premises.
        c.  Amnesty  shall  not be granted to any person subject to the annual
      vault charge who is a party to any civil litigation which is pending  on
      the  date of such person's application in any court of this state or the
      United States for nonpayment or other delinquency  in  relation  to  the
      annual  vault  charge.  A  civil  litigation  shall  not be deemed to be
      pending if such person withdraws  from  such  litigation  prior  to  the
      granting of amnesty.
        d.  No  refund  or  credit shall be granted of any penalty or interest
      paid prior to the time the person subject to  the  annual  vault  charge
      makes a request for amnesty pursuant to subdivision b of this section.
        e.  Unless  the  commissioner  of  finance  on  his  or her own motion
      redetermines the amount of the annual vault charge, no refund or  credit
      shall be granted of any charges paid under this section.
        f. The commissioner of finance shall formulate such regulations as are
      necessary,  issue  forms  and  instructions,  and take any and all other
      actions  necessary  to  implement  the  provisions  of   this   section.
      Furthermore, prior to and throughout the duration of the amnesty period,
      the  commissioner  of  finance  shall  implement  a plan for prominently
      announcing and explaining  the  amnesty  program.  Such  plan  shall  be
      reasonably  calculated  to  inform all property owners who may be liable
      for vault charges and may include  written  announcements  sent  in  tax
      bills  and  other  mailings  done  by  the  city of New York to property
      owners, public service announcements, advertisements  in  newspapers  of
      general circulation and notification of community boards. The plan shall
    
      include,   but  not  be  limited  to,  information  which  explains  the
      determination of vault size and charge.