Section 499-EEE. Revocation of tax abatement  


Latest version.
  • 1. The department of finance
      shall revoke, in whole or in part, any tax abatement granted pursuant to
      this title whenever a designated agency has determined and notified  the
      department of finance that:
        (a) an applicant has failed to comply with a requirement of this title
      or  any  rule  promulgated  hereunder  at any time during the compliance
      period, including without limitation any of the continuing  requirements
      set  forth in subdivision one of section four hundred ninety-nine-ddd of
      this title;
        (b) an eligible building has not been in compliance during all or part
      of the compliance period with any requirement of this title or any  rule
      promulgated hereunder;
        (c)  the  green  roof for which a tax abatement was granted has at any
      time during the compliance period failed to meet any requirement  for  a
      green roof pursuant to this title or any rule promulgated hereunder;
        (d)  the  green  roof  has  become a fire or safety hazard at any time
      during the compliance period; or
        (e) an application, certification, report or other document  submitted
      by  the  applicant  contains  a  false  or  misleading statement as to a
      material fact or omits to state any material fact necessary in order  to
      make the statement therein not false or misleading.
        2.  The department of finance may revoke, in whole or in part, any tax
      abatement granted pursuant to this title whenever it has determined that
      an applicant has failed to comply with the  continuing  requirement  set
      forth in subdivision two of section four hundred ninety-nine-ddd of this
      title.
        3.  Where  it has been determined by a designated agency, after notice
      to and an opportunity to be  heard  by  the  entity  receiving  the  tax
      rebate,  that  a  situation  described  in  any  of  the  provisions  of
      subdivision one of this section has  occurred,  such  designated  agency
      shall  so  notify  the department of finance no later than the ninetieth
      day after the last day of the compliance period.
        4. An applicant shall  pay,  with  interest,  such  part  of  any  tax
      abatement  received pursuant to this title that represents the period of
      non-compliance as determined by the designated agency or the  department
      of  finance,  as  the  case may be. In addition, a designated agency may
      declare any applicant ineligible for future tax  abatement  pursuant  to
      this  title  if any application, certification, report or other document
      submitted by the applicant contains a false or misleading  statement  as
      to  a  material  fact  or  omits to state any material fact necessary in
      order to make the statement therein not false or misleading.