Section 1335. Supplemental assessment roll of real property in a school district other than a school district which is wholly or partly within a city  


Latest version.
  • 1. Request for supplemental assessment roll for  school  purposes.
      Notwithstanding  any  provisions of this chapter or of any other law, on
      or before the first day of August of each year the school authorities of
      a school district, other than a  school  district  which  is  wholly  or
      partly  within  a  city, may request the preparation and completion of a
      supplemental  assessment  roll  of  real  property  taxable  for  school
      purposes  within  the  boundaries  of such school district. Such request
      shall be made by resolution of the school authorities and a copy thereof
      shall be transmitted to the state board and the governing board of  each
      county  and  town  within which such school district is wholly or partly
      located on or before the first day  of  August.  Upon  receipt  of  such
      resolution  the  governing board of such town shall direct the assessors
      thereof to prepare and  complete  a  supplemental  assessment  roll,  as
      hereinafter  provided,  of real property in such town taxable for school
      purposes which is located within the boundaries of such school district.
      Such resolution shall remain in effect until revoked on  or  before  the
      first day of August in any subsequent year, and notice of its revocation
      shall  forthwith  be given to the state board and the governing board of
      each county and town within which such  school  district  is  wholly  or
      partly located.
        2.  Taxable  status  date. The taxable status of real property for the
      supplemental assessment roll shall be determined as of the first day  of
      November  and  all  real  property  on such supplemental assessment roll
      shall be assessed according to its condition and ownership  as  of  such
      date.
        3.  Tentative  completion  of  supplemental  assessment  roll,  notice
      thereof. On or before the first day of December the  assessors  of  such
      town shall complete the supplemental assessment roll and shall forthwith
      give  notice  thereof as provided in subdivisions one and two of section
      five hundred six of this chapter, except that such  notice  shall  state
      that  the  said supplemental assessment roll may be seen and examined by
      any person until the third Tuesday of December on which day the board of
      review shall meet to hear complaints  in  relation  to  the  assessments
      thereon.  All  changes  in  such  supplemental assessment roll made as a
      result of the hearing of such complaints shall be entered on  such  roll
      on or prior to the fifteenth day of January thereafter.
        4. Notice of increased assessments. Between the first and fifth day of
      December  in  each  year,  the assessors in such town shall mail to each
      owner of real property therein within the school district  a  notice  of
      any  increase  in the assessment thereof. Such notice shall specify each
      parcel  of  real  property,  the  assessed  valuation  thereof  on   the
      supplemental   assessment  roll  and  on  the  regular  assessment  roll
      delivered to the school authorities pursuant to section thirteen hundred
      two of this chapter in the same fiscal year, and the net increase in the
      assessment. Failure to mail any such notice or failure of the  owner  to
      receive  the same shall not prevent the levy, collection and enforcement
      of the payment of the taxes on such real property.
        5. Hearing of complaints. At the time and place and during  the  hours
      specified  in the notice given pursuant to the provisions of subdivision
      three of this section, the board of review shall meet to hear complaints
      in relation to assessments brought before it.  The provisions of section
      five hundred twelve of this chapter  shall  apply  to  the  hearing  and
      determination   of   complaints   in  relation  to  assessments  on  the
      supplemental assessment roll.
        6. Verification of supplemental assessment roll. When the supplemental
      assessment roll has been corrected after the hearing  and  determination
    
      of  all  complaints  as  provided  in  this section, the assessors shall
      verify the supplemental assessment roll, as  provided  in  section  five
      hundred fourteen of this chapter.
        7.  Completion of supplemental assessment roll. On or before the first
      day of February, the assessors shall finally complete  the  supplemental
      assessment  roll  and  prepare  and file a certified copy thereof in the
      office of the town clerk. The assessors shall forthwith cause  a  notice
      to  be  published once in the official newspaper of such town, or, if no
      newspaper has been designated the official  newspaper,  in  a  newspaper
      having  general  circulation in such town, stating that the supplemental
      assessment roll has been finally completed and a certified copy  thereof
      so  filed  for public inspection.  The assessors shall also cause a copy
      of the published notice to be posted on the signboard maintained for the
      posting of legal notices at the entrance  of  the  town  clerk's  office
      pursuant to subdivision six of section thirty of the town law.
        8.  Delivery  to  school  authorities.  On  or before the first day of
      February  the  assessors  shall  deliver   the   original   supplemental
      assessment  roll  to  the  school  authorities. A certified copy of such
      supplemental assessment roll shall remain on file in the office  of  the
      town clerk until the first day of March. On that day, such copy shall be
      delivered to the county treasurer.
        9.  Tax  lien. School taxes levied on the supplemental school tax roll
      shall become a lien as of the date and hour of the confirmation or final
      adoption of the supplemental school tax roll by the school  authorities.
      Unpaid  interest shall be included in and deemed part of the unpaid tax.
      Such taxes including such unpaid interest  shall  remain  a  lien  until
      paid.  Priority and parity as between such tax liens and other tax liens
      shall be determined in the manner prescribed in  title  two  of  article
      nine of this chapter.
        10.  Expenses of preparing supplemental assessment roll, of collection
      of taxes and of county indebtedness on  account  of  unpaid  taxes.  All
      actual  and  necessary  expenses  incurred  in  the  preparation  of the
      supplemental assessment roll or assessment rolls  as  provided  in  this
      section,  in the collection of taxes on the supplemental school tax roll
      by a town and as a result of indebtedness  contracted  by  a  county  in
      meeting  the payments required to be made on or before the fifteenth day
      of June pursuant to subdivision thirteen of this  section,  shall  be  a
      charge  against the school district which has requested the supplemental
      assessment roll or assessment rolls.
        11. Determination of railroad ceilings, special franchise assessments,
      transition assessments and the approval of assessments of taxable  state
      lands for the supplemental assessment roll. Where a resolution requiring
      a supplemental assessment roll is in effect as provided in this section,
      the  state  board shall determine for such supplemental assessment roll,
      railroad  ceilings,  special  franchise   assessments   and   transition
      assessments  and  shall  approve  assessments  of taxable state lands as
      provided  in  this  chapter  except  as  otherwise  provided   in   this
      subdivision.  The  railroad  ceilings,  special  franchise  assessments,
      transition assessments and the approved  assessments  of  taxable  state
      land  for  such  supplemental assessment roll shall be the same as those
      determined and approved for the regular  assessment  roll  of  the  town
      which  was  used  in  the levy of taxes for school purposes for the same
      fiscal year for which such supplemental assessment roll is to  be  used,
      except  (a) with respect to railroad ceilings, if a special equalization
      rate was established pursuant to subdivision two of section four hundred
      eighty-nine-l of this chapter, such special equalization rate  shall  be
      applied  as provided in such section, and (b) with respect to transition
      assessments and the approval of assessments of taxable  state  lands,  a
    
      change  in  the  level of assessment on the supplemental assessment roll
      shall be taken into account. As used in  this  subdivision  the  term  "
      change  in the level of assessment " shall have the same meaning as such
      term is defined in subdivision two of section four hundred eighty-nine-l
      of  this chapter. The state board shall determine the railroad ceilings,
      special franchise assessments, transition assessments  and  approve  the
      assessments  of taxable state lands for the supplemental assessment roll
      within the time limitations corresponding  to  those  provided  in  this
      chapter   for  determining  and  approving  the  same  for  the  regular
      assessment roll.
        12. Return of unpaid taxes; payment to county treasurer. The return of
      unpaid taxes levied on the supplemental school tax roll shall  be  made,
      and  the  statement  and  certificate  of  such  unpaid  taxes  shall be
      transmitted, as provided in subdivisions one and two of section thirteen
      hundred thirty of this chapter, respectively, except that such statement
      and certificate shall be transmitted so that the same shall be  received
      by the county treasurer no later than the fifteenth day of May following
      the  levy of the tax. Any person whose real property is included in such
      statement may pay the taxes thereon to the county treasurer as  provided
      in  this  subdivision.  In  case  of  taxes paid to the county treasurer
      within thirty days from  the  date  of  receipt  of  the  statement  and
      certificate  of  unpaid  taxes  by  the  county treasurer, the amount of
      interest  provided  by  subdivision  two  of  section  thirteen  hundred
      twenty-eight  of  this chapter shall be added thereto, and the amount of
      such interest shall be deemed a part of the amount of the  unpaid  taxes
      for  purposes  of  payments  to  the  school  district  from  the county
      treasurer and for computing  the  additional  percentage  and  interest,
      pursuant   to   subdivision  thirteen  and  fourteen  of  this  section,
      respectively.  In case of payment to  the  county  treasurer  after  the
      expiration of the thirty days from the date of receipt of such statement
      and  certificate  of unpaid taxes, the seven per centum and the interest
      provided by subdivision fourteen of this section shall be added to  such
      unpaid taxes.
        13.  Payment  by  county  treasurer. The county treasurer shall, on or
      before the fifteenth day of June following the receipt of the  statement
      and  certificate of unpaid taxes, pay to the officer charged by law with
      the custody of school district moneys  the  amount  of  returned  unpaid
      school  taxes.  The  moneys  to meet such payment shall be provided from
      moneys not otherwise appropriated or committed, from moneys appropriated
      for a contingent fund or pursuant to the local finance law.
        14. Enforcement of taxes levied on supplemental school tax roll.  Upon
      the  expiration  of  thirty  days from the date of receipt by the county
      treasurer of the statement  and  certificate  of  taxes  levied  on  the
      supplemental  school  tax  roll returned as unpaid, the county shall, by
      operation of law, acquire all rights, powers and duties with respect  to
      the  enforcement  of such unpaid taxes as if the same had been levied by
      the board of supervisors. Such unpaid taxes shall not be  relevied,  but
      shall be enforced by tax sale at the same time and in the same manner as
      unpaid  county  taxes.    Upon  the  expiration of such thirty days, the
      county treasurer shall forthwith add seven per centum to the  amount  of
      the  unpaid  taxes  and  the  interest thereon, and the seven per centum
      shall be deemed a part of the amount of the unpaid taxes. The amount  of
      such  unpaid  taxes  including  the seven per centum added thereto shall
      bear interest at the rate as determined pursuant to section nine hundred
      twenty-four-a of this chapter for each month or fraction thereof.    The
      amount  of  taxes with the interest and penalties added thereto which is
      collected by the county treasurer after the  expiration  of  the  thirty
      days from the date of receipt of the statement and certificate of unpaid
    
      taxes, shall belong to the county to reimburse the county for the amount
      advanced, with the expenses of collection.
        15.  This section shall apply to school districts within the county of
      Nassau, other than a school district wholly or  partly  within  a  city,
      provided  that  the  powers and duties imposed on town assessors, school
      authorities and other officials named in this section shall be exercised
      and performed in the county of Nassau  by  the  appropriate  officer  or
      board,  including the county board of assessors, normally performing the
      same duties pursuant to the Nassau County  Government  Law,  the  Nassau
      County  Administrative  Code  and other applicable laws of the county of
      Nassau  and  provided  further  that  the  taxable   status   date   for
      supplemental  assessment  roll purposes shall be November 1 annually and
      that the sequence of events and dates to be applied for the  preparation
      and   completion   of   the  supplemental  assessment  roll,  review  of
      assessments and levy of taxes shall have the  same  intervals  as  those
      between  the dates regularly employed for purposes of the assessment and
      taxation of real property as set forth in the Nassau  County  Government
      Law, the Nassau County Administrative Code and any other applicable laws
      of the county of Nassau.
        16.  This section shall apply to school districts within the county of
      Suffolk, other than a school district wholly or partly  within  a  city,
      provided  that  the  powers and duties imposed on town assessors, school
      authorities and other officials named in this section shall be exercised
      and performed in the county  of  Suffolk  by  the  appropriate  officer,
      board, or other competent authority, normally performing the same duties
      pursuant  to the Suffolk county tax act and other applicable laws of the
      county of Suffolk and provided further that the taxable status date  for
      supplemental  assessment  roll purposes shall be November first annually
      and that the sequence  of  events  and  dates  to  be  applied  for  the
      preparation  and  completion of the supplemental assessment roll, review
      of assessments and levy of taxes shall have the same intervals as  those
      between  the dates regularly employed for the purposes of assessment and
      taxation of real property as set forth in Suffolk county tax act and any
      other applicable laws of the county of Suffolk.
        17. Application of other provisions of this chapter. The provisions of
      this chapter which are not inconsistent  with  the  provisions  of  this
      section  shall  apply  to the supplemental assessment roll, the levy and
      collection of  taxes  on  the  supplemental  school  tax  roll  and  the
      enforcement of unpaid taxes thereon.