Section 1102. Definitions  


Latest version.
  • When used in this article:
        1. "Charges" or "legal charges" means:
        (a)  the  cost  of  the  mailing  or  service  of  notices required or
      authorized by this article;
        (b) the cost of publication of notices required or authorized by  this
      title;
        (c) the amount of any interest and penalties imposed by law;
        (d)  the  cost  of  recording  or  filing  legal documents required or
      authorized by this article; and
        (e) the reasonable and necessary cost of  any  search  of  the  public
      record required or authorized to satisfy the notice requirements of this
      article, and the reasonable and necessary expenses for legal services of
      a  tax district in connection with a proceeding to foreclose a tax lien;
      provided, that: (i) a charge of up to  one  hundred  fifty  dollars  per
      parcel  shall  be  deemed reasonable and necessary to cover the combined
      costs of such searches and legal expenses, and such  an  amount  may  be
      charged  without  substantiation,  even if salaried employees of the tax
      district performed the search or legal services; and (ii) a tax district
      may charge a greater amount with respect to one  or  more  parcels  upon
      demonstration  to the satisfaction of the court having jurisdiction that
      such greater amount was reasonable and necessary.
        (f) Charges shall be deemed a part of the delinquent tax for  purposes
      of redemption.
        2.  "Delinquent  tax"  means  an  unpaid tax, special ad valorem levy,
      special assessment or other charge imposed upon real property by  or  on
      behalf  of  a  municipal  corporation  or  special  district,  plus  all
      applicable charges, relating to any parcel  which  is  included  in  the
      return  of  unpaid  delinquent  taxes  prepared pursuant to section nine
      hundred thirty-six of this chapter or such other  general,  special,  or
      local  law as may be applicable. In no event, however, shall "delinquent
      tax" include any unpaid tax or other charge against lands owned  by  the
      state.
        3.  "Enforcing  officer" means any elected or appointed officer of any
      tax district empowered or charged by law to enforce  the  collection  of
      tax  liens  on  real  property; provided, however, that (a) where no law
      provides otherwise, the enforcing officer shall be (i) in a county which
      is a tax district, the county treasurer or commissioner of finance, (ii)
      in a city which is a tax district, the official so empowered or  charged
      by  the  city  charter,  (iii) in a village which is a tax district, the
      village treasurer, and (iv) in a town which is a tax district, the  town
      supervisor; and (b) when the duties and powers of an "enforcing officer"
      are  vested in two or more elected or appointed officials, the governing
      body of the tax district shall designate which of such  officials  shall
      act as enforcing officer for the purposes set forth in this article. The
      enforcing  officer  and  other  officials  of  the tax district who have
      responsibilities  affecting   the   enforcement   process   shall   work
      cooperatively to facilitate the enforcement process.
        4.  "Lien date" means the date on which the tax or other legal charges
      represented thereby became a lien, as provided by section  nine  hundred
      two  of  this chapter or such other general, special or local law as may
      be applicable, provided, that when the taxes of a  school  district  are
      enforced  by  a tax district without being relevied by the tax district,
      and the lien date of the school district taxes  differs  from  the  lien
      date  of  the  taxes  of the tax district which are levied upon the same
      assessment roll, the later of the two such dates shall be deemed  to  be
      the lien date for purposes of this article.
        5.  "Person"  means  an individual, a corporation (including a foreign
      corporation and a municipal corporation), a joint stock  association,  a
    
      partnership, the state, and any other organization, state, government or
      county which may lawfully own property in the state.
        6.  "Tax  district"  means:  (a) a county, other than (i) a county for
      which the cities and towns enforce  delinquent  taxes  pursuant  to  the
      county  administrative  code, or (ii) a county wholly contained within a
      city;
        (b) a city, other than a city for which the county enforces delinquent
      taxes pursuant to the city charter;
        (c) a village, other than a village  for  which  the  county  enforces
      delinquent  taxes pursuant to section fourteen hundred forty-two of this
      chapter; or
        (d) a town in  a  county  in  which  towns  enforce  delinquent  taxes
      pursuant to the county administrative code.