Section 253-X*2. Recording tax imposed by the county of Greene  


Latest version.
  • 1. Greene
      county, acting through its local legislative body, is hereby  authorized
      and  empowered  to  adopt and amend local laws imposing in such county 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
      county  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  article.
      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  Greene  county",  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 county imposing such tax, the amount of
      such  tax due and payable to such county shall be determined in a manner
      similar to that  prescribed  in  the  first  undesignated  paragraph  of
      section  two  hundred sixty of this article which concerns real property
      situated in two or more counties. Where such property is  situated  both
      within  such county and without the state, the amount due and payable to
      such county shall be determined in the manner prescribed in  the  second
      undesignated  paragraph of such section two hundred sixty which concerns
      property situated within and without the state. Where real  property  is
      situated  within and without the county imposing such tax, 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 of this
      article.
        5.  Notwithstanding any provision of this article to the contrary, the
      balance of all moneys paid to the recording officer  of  the  county  of
      Greene during each month upon account of the tax imposed pursuant to the
      authority of this section, after deducting the necessary expenses of his
      or  her  office  as  provided  in  section two hundred sixty-two of this
      article, except taxes paid upon mortgages which under the provisions  of
      this  section  or section two hundred sixty of this article 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 treasurer of
      Greene county  and,  after  the  deduction  by  such  treasurer  of  the
      necessary  expenses of his or her office provided in section two hundred
      sixty-two of this article shall be deposited in the general fund of  the
    
      county  of Greene for expenditure by such county for any county purpose.
      Notwithstanding the provisions of the preceding  sentence,  the  tax  so
      imposed  and  paid upon mortgages covering real property situated in two
      or  more counties, which under the provisions of this section or section
      two hundred sixty of this article are first to  be  apportioned  by  the
      commissioner,  shall be paid over by the recording officer receiving the
      same as provided by the determination of the commissioner.
        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  of  the county of Greene, the
      secretary of state and the state comptroller within five days after  the
      date it is duly enacted.
        * NB There are 2 § 253-x's
        * NB Repealed December 1, 2012