Section 253-D. Recording tax imposed by the city of Yonkers  


Latest version.
  • 1. The city of
      Yonkers, acting through its local legislative body, is hereby authorized
      and empowered to adopt and amend local laws imposing in  any  such  city
      during   the   period   beginning   September  first,  nineteen  hundred
      ninety-three and ending August thirty-first, two thousand eleven, a  tax
      of  fifty  cents  for  each one hundred dollars and each remaining major
      fraction thereof of principal debt or obligation which is or  under  any
      contingency  may  be secured at the date of execution thereof, or at any
      time thereafter, by a mortgage on real  property  situated  within  such
      city  and recorded on or after the date upon which such tax takes effect
      and a tax of fifty cents on such  mortgage  if  the  principal  debt  or
      obligation  which  is  or  by  any  contingency  may  be secured by such
      mortgage is less than one hundred dollars.
        2. The taxes imposed under the authority  of  this  section  shall  be
      administered and collected in the same manner as the taxes imposed under
      subdivision  one of section two hundred fifty-three and paragraph (b) of
      subdivision one of section  two  hundred  fifty-five  of  this  chapter.
      Except as otherwise provided in this section, all the provisions of this
      article  relating  to or applicable to the administration and collection
      of the taxes imposed by such  subdivisions  shall  apply  to  the  taxes
      imposed  under  the authority of this section with such modifications as
      may be necessary to adapt such language to the tax so  authorized.  Such
      provisions  shall  apply  with  the  same  force  and effect as if those
      provisions had been set forth in full in  this  section  except  to  the
      extent  that  any  provision  is either inconsistent with a provision of
      this section or not relevant to the tax authorized by this section.  For
      purposes  of  this  section, any reference in this article to the tax or
      taxes imposed by this article shall be deemed to refer to a tax  imposed
      pursuant  to  this section, and any reference to the phrase "within this
      state" shall be read as "within the city of Yonkers", unless a different
      meaning is clearly required.
        3. Where the real property covered by the mortgage subject to the  tax
      imposed  pursuant  to  the authority of this section is situated in this
      state but within and without the city of Yonkers, the amount of such tax
      due and payable to such city shall be determined in a manner similar  to
      that  prescribed  in the first paragraph of section two hundred sixty of
      this chapter which concerns  real  property  situated  in  two  or  more
      counties.  Where  such  property  is  situated both within such city and
      without the state, the amount due and payable  to  such  city  shall  be
      determined  in  the  manner  prescribed  in the second paragraph of such
      section two hundred sixty which concerns property  situated  within  and
      without  the  state.  Where real property is situated within and without
      such city, the recording  officer  of  the  jurisdiction  in  which  the
      mortgage  is  first  recorded  shall  be  required  to collect the taxes
      imposed pursuant to this section.
        4. A tax imposed pursuant to the authority of this section shall be in
      addition to the taxes imposed by section two hundred fifty-three.
        5. Notwithstanding any provision of this article to the contrary,  the
      balance  of  all  moneys  paid to the recording officer of the county of
      Westchester during each month upon account of the tax  imposed  pursuant
      to the authority of this section, after deducting the necessary expenses
      of  his  office  as  provided  in  section two hundred sixty-two of this
      chapter, except taxes paid upon mortgages which under the provisions  of
      this  section  or section two hundred sixty of this chapter are first to
      be apportioned by the commissioner, shall be paid over by  such  officer
      on  or  before  the  tenth  day  of  each succeeding month to the county
      treasurer of Westchester county and, after the deduction by such  county
      treasurer  of  the  necessary  expenses of his or her office provided in
    
      section two hundred sixty-two of this chapter shall be deposited in  the
      general fund of the city of Yonkers for expenditure on city purposes.
        6.  Any  local  law  imposing  a tax pursuant to the authority of this
      section or repealing or suspending such a tax shall take effect only  on
      the  first  day  of  a  calendar  month.  Such  a local law shall not be
      effective unless a certified copy thereof is  mailed  by  registered  or
      certified  mail  to  the  commissioner  at  the commissioner's office in
      Albany at least thirty days prior to the date the local law  shall  take
      effect.
        7.  Certified  copies of any local law described in this section shall
      also be filed with the county clerk, the  secretary  of  state  and  the
      state comptroller within five days after the date it is duly enacted.