Section 499-EEEE. 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-dddd of
      this title;
        (b) an eligible building has not been in compliance at any time during
      the  compliance  period  with  a  requirement  of this title or any rule
      promulgated hereunder;
        (c) the solar electric generating system for which a tax abatement was
      granted has at any time during the compliance period failed to meet  any
      requirement  for  a  solar  electric  generating system pursuant to this
      title or any rule promulgated hereunder;
        (d) the solar electric generating system 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-dddd  of
      this title.
        3.  Where  it has been determined by a designated agency, after notice
      and  an  opportunity  to  be  heard,  that  any  of  the  provisions  of
      subdivision  one  of  this  section  have  not  been complied with, 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.