Section 527. Failure to meet for purpose of hearing complaints and ratifying stipulated assessments  


Latest version.
  • 1.  If  the  board of assessment review of any
      assessing unit fails to meet for the purpose of  hearing  complaints  or
      stipulations in relation to assessments on the day specified by law, the
      county  treasurer,  the  chairman of the county legislative body and the
      clerk of the county legislative body shall serve as an acting  board  of
      assessment  review  which shall hear and determine complaints and ratify
      stipulations in relation to assessments as provided in this section.
        2. Immediately following the failure of the board of assessment review
      to meet to hear complaints or stipulations in relation to assessments on
      the day specified by law,  the  assessor  shall  so  notify  the  county
      director  of real property tax services. At such time the assessor shall
      also transmit to the county  director  all  complaints  or  stipulations
      filed pursuant to subdivision one of section five hundred twenty-four of
      this title in his or her possession.
        3.  Upon receiving notice pursuant to subdivision two of this section,
      the county director of real property tax services shall cause the acting
      board of assessment review to establish a time, date and place for  such
      acting  board  to  meet  to  hear  complaints  or ratify stipulations in
      relation to assessments. Such hearing shall be scheduled on  a  date  no
      earlier  than  fifteen days after the date specified by law on which the
      board  of  assessment  should  have  heard  complaints  in  relation  to
      assessments  and  no later than ten days prior to the last date provided
      by law for the completion and filing of the final assessment  roll.  The
      hearing  shall  be  scheduled  for  a period of at least four hours, not
      necessarily continuous, between nine o'clock  in  the  morning  and  ten
      o'clock in the evening, with at least two hours after six o'clock in the
      evening.  To  the  extent  practicable, the hearing shall be held in the
      assessing unit for which the acting board of assessment review serves.
        4. Not later than seven days prior to the date on which the hearing of
      the acting board of assessment review is scheduled, the county  director
      of  real  property  tax  services shall send by first class mail to each
      person who filed a complaint referred to  in  subdivision  two  of  this
      section  and  publish  in  a newspaper having general circulation in the
      assessing unit a notice indicating the time, date  and  place  that  the
      acting  board  of  assessment  review  shall  meet to hear complaints in
      relation to assessments.  No such notice shall  be  required  where  the
      assessor  and  the  person  who filed such complaint have entered into a
      stipulation  of  assessment  as  provided  in   section   five   hundred
      twenty-four of this title.
        5.  Complaints  and  stipulations  with  respect  to assessments which
      conform to the requirements of  subdivisions  two,  three  and  four  of
      section  five  hundred  twenty-four  of this title may be filed with the
      assessor or county director of real property tax services  at  any  time
      prior  to  the  meeting of the acting board of assessment review to hear
      complaints in relation to assessments or with such acting board at  such
      hearing  or  at  any  adjourned  hearing.  On or before the date of such
      hearing, the assessor and the county  director  shall  deliver  to  such
      acting board all complaints in their possession.
        6.  At  the  time,  date and place established pursuant to subdivision
      three of this section and so many days thereafter as the acting board of
      assessment review deems necessary, such acting board shall meet to  hear
      the  complaints  and stipulations in relation to assessments referred to
      in subdivision two of this section or filed pursuant to subdivision five
      of this section. At such hearing or adjourned hearing, the acting  board
      of  assessment  review  shall exercise and perform all of the powers and
      duties conferred upon the boards of assessment review by subdivision two
      of section five hundred twenty-five of this title.  The  assessor  shall
    
      attend  all  such  hearings or adjourned hearings of the acting board of
      assessment review.
        7.  The  acting  board of assessment review shall thereafter determine
      each complaint by exercising and performing all of the powers and duties
      conferred upon boards of assessment review  by  subdivisions  three  and
      four  of  section  five  hundred  twenty-five  of this title. The county
      director shall provide administrative support in preparing the statement
      and notices required by such subdivisions and the  assessor  shall  make
      the changes ordered by such acting board as provided in subdivision five
      of section five hundred twenty-six of this title.
        8. Expenses incurred by a county pursuant to this section in providing
      administrative   support   to  an  acting  board  of  assessment  review
      including, but not  limited  to  the  cost  of  preparing,  mailing  and
      publishing  any  notices, statements or minutes required by this section
      or section five hundred twenty-five of this title shall  be  charged  to
      the  assessing  unit,  provided,  however,  that nothing in this section
      shall prevent the assessing unit from providing  administrative  support
      to  the  acting  board  of assessment review under the county director's
      supervision and from incurring such expenses in the first instance.