[Adopted 11-26-2013 by L.L. No. 22-2013]
This article adopts and implements the provisions of the Hurricane Sandy Assessment Relief Act, as enacted by the New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York, granting assessment relief to the victims of Hurricane Sandy.
A. 
The following terms as used in this article shall have the following meaning:
IMPACTED TAX ROLL
The final assessment roll which satisfies both of the following conditions: the roll is based upon a taxable status date occurring prior to October 28, 2012; and taxes levied upon that roll were payable without interest on or after October 28, 2012.
IMPROVED VALUE
The market value of real property improvements excluding the land.
PROPERTY
Real property, property or land, as defined under Paragraphs (a) through (g) of Subdivision 12 of § 102 of New York Real Property Tax Law.
RELIEF ACT
The Superstorm Sandy Assessment Relief Act as enacted by New York State Legislature, Chapter 424 of the 2013 Laws of the State of New York.
SUPERSTORM SANDY
The storms, rains, winds or floods which occurred within the State of New York and the County of Suffolk during the period from October 29, 2012, and ending November 3, 2012.
TOTAL ASSESSED VALUE
The total assessed value of property prior to any and all exemption adjustments.
Notwithstanding any provision of law to the contrary, the Town of Southampton elects to provide assessment relief for properties damaged by Superstorm Sandy, as authorized by the Relief Act, as follows:
Lost Improved Value of Property as a Result of Superstorm Sandy
Reduction of Assessed Value Attributable to Improvements on Impacted Assessment Roll
At least 10% but less than 20%
15%
At least 20% but less than 30%
25%
At least 30% but less than 40%
35%
At least 40% but less than 50%
45%
At least 50% but less than 60%
55%
At least 60% but less than 70%
65%
At least 70% but less than 80%
75%
At least 80% but less than 90%
85%
At least 90% but less than 100%
95%
100%
100%
A. 
To receive relief under this article, a property owner must submit a written request to his or her Assessor by January 20, 2014, on a form approved by the Director of the New York State Office of Real Property Tax Services and in accordance with the specific requirements of the Relief Act. Such request shall have attached any and all determinations made by the Federal Emergency Management Agency and any and all reports made by insurance adjusters, and shall describe in reasonable detail the damage caused to the property by Superstorm Sandy and the condition of the property, and shall be accompanied by supporting documentation, if available.
B. 
The percentage of loss in improved value shall be adopted by the Assessor from a written finding of the Federal Emergency Management Agency, or where no such finding exists, shall be determined by the Assessor in a manner provided by the Relief Act, subject to review by the Board of Assessment Review.
C. 
Where an Assessor determines a property has lost at least 10% of its improved value due to Superstorm Sandy, the assessed value attributable to the improvements on the property on the impacted assessment roll shall be reduced by the appropriate percentage specified in § 287-46 of this article, provided that any exemptions which the property may be receiving shall be adjusted as necessary to account for such reduction in the total assessed value. To the extent the total assessed value of the property originally appearing on such roll exceeds the amount to which it should be reduced pursuant to the Relief Act and this article, the excess shall be considered an error in essential fact as defined by Subdivision 3 of Section 550 of the Real Property Tax Law. If the error appears on a tax roll, the tax roll shall be corrected in the manner provided by § 554 of the Real Property Tax Law or a refund or credit of taxes shall be granted in the manner provided by § 556 or 556-b of the Real Property Tax Law. If the error appears on a final assessment roll but not on a tax roll, such final assessment roll shall be corrected in the manner prescribed by § 553 of the Real Property Tax Law.
D. 
The Assessor shall mail written notice of such finding to the property owner and the participating municipality. Where the Assessor finds that the loss in improved value is less than, or classifies the loss within a lower range than, the property owner believes is warranted, the property owner may file a complaint with the Board of Assessment Review. Such Board shall reconvene upon 10 days' written notice to the property owner and Assessor to hear the appeal and determine the matter, and shall mail written notice of its determination to the Assessor and property owner. The provisions of Article 5 of the Real Property Tax Law shall govern the review process to the extent practicable. For the purposes of this act only, the applicant/property owner may commence, within 30 days of service of a written determination, a proceeding under Title 1 of Article 7 of the Real Property Tax Law or, if applicable, under Title 1-A of Article 7 of the Real Property Tax Law. Sections 727 and 739 of the Real Property Tax Law shall not apply.
E. 
The provisions of this article shall not otherwise diminish any other legally available right of any property owner or party who may otherwise lawfully challenge the valuation or assessment of any real property or improvement thereon. All remaining rights hereby remain and shall be available to the party to whom such rights would otherwise be available notwithstanding this article.