Section 1438. Collection of taxes by village clerk  


Latest version.
  • 1. At the annual meeting
      of  the  board  of trustees, such board may determine by resolution that
      the taxes in the village shall be collected by the village clerk instead
      of the treasurer and thereafter, the clerk  shall  collect  taxes  until
      such resolution is revoked at a subsequent annual meeting.
        2.  In a village in which such a resolution is in effect, the tax roll
      and warrant shall be signed only by the mayor and shall be  directed  to
      the  clerk,  who  shall  have  all  the powers and shall perform all the
      duties of the treasurer set forth in this  title  with  respect  to  the
      collection  of taxes, so far as practicable. If the tax roll is prepared
      in machine readable form only as provided in article fifteen-C  of  this
      chapter,  the mayor shall sign and file a separate document attesting to
      his approval of the tax roll and warrant in lieu of signing the roll.
        3. Within twenty-four  hours  after  receiving  the  same,  all  taxes
      collected by the clerk shall be paid by him to the village treasurer who
      shall  deliver  to  such  clerk  a  written  receipt  therefor. Upon the
      expiration of the time for the collection of taxes, the clerk shall file
      the roll and warrant in his office with a return in accordance with  the
      directions  of  the  warrant  showing the total amount of taxes paid and
      each tax unpaid with the receipt of the village treasurer for all  taxes
      paid to him.
        4. In case of the death or disability of the treasurer, or the village
      clerk when so designated as provided by subdivision one of this section,
      or  in  case  of  his refusal to act, the board of trustees at a general
      meeting, or at a special meeting called for such purpose, may appoint  a
      temporary  village  tax  collector.  Such  collector  shall have all the
      powers and duties of a treasurer or village clerk as  provided  by  this
      article.  The  provisions  of  this  subdivision shall apply to villages
      having a combined office of village clerk-treasurer.