[Adopted 10-23-2017 by L.L. No. 14-2017]
A.
Where a grievance has been filed with the Board of Assessment Review
in the City of Port Jervis and the subject property is income producing,
the owner shall be required to submit the following information no
later than seven calendar days after filing the grievance in all succeeding
years:
(1)
As used in this article, the term "income producing property" means
real property owned for the purpose of securing an income from the
property itself but shall not include residential property containing
three or fewer dwelling units or property classified as homestead
as defined in Article 19 of the Real Property Tax Law of the State
of New York.
(2)
A statement of all income derived from any and all expenses attributable
to the operation of such property as follows:
(a)
The statement shall be for the calendar year preceding the date
the statement shall be filed when the owner's books and records reflecting
the operation of the property are maintained on a calendar year basis.
(b)
The statement shall be for the last fiscal year concluded as
of the first day of August preceding the date the statement shall
be filed when the owner's books and records reflecting the operation
of the property are maintained on a fiscal year basis for federal
income tax purposes.
(c)
The statement shall be for the period of ownership where the
owner of the property has not operated the property and is without
knowledge of the income and expenses of the operation of the property
for a consecutive twelve-month period concluded as of the first day
of August preceding the date the statement shall be filed.
(d)
The Assessor may extend the time for filing an income and expense
statement by a period not to exceed 14 days upon a demonstration of
good cause by the filer.
B.
Such statements shall contain the following declaration: "I certify
that all information contained in this statement is true and correct
to the best of my knowledge and belief. I understand that the willful
making of any false statement of material fact herein will subject
me to the provisions of law relevant to the making and filing of false
instruments and will render this statement null and void."
C.
The form on which such statement shall be submitted and the manner
by which the form shall be submitted shall be the determination of
the City Assessor.
The Assessor shall be authorized to promulgate rules and regulations
necessary to effectuate the purposes of this article.
Any officer, agent, independent contractor, or assign of the
City of Port Jervis shall maintain the confidentiality of the contents
of any and all income and expense statements submitted.
A.
In the event that the owner of the income-producing property files
a grievance and fails to file an income and expense statement within
seven days after filing the grievance, on a form and in the method
prescribed by the Assessor, such owner shall be subject to a penalty
in amount of 3% of the assessed value of such income-producing property
for the current fiscal year.
B.
Where an income and expense statement required under the provisions
of this article has not been timely filed, the Assessor may compel
the production of the books and records of the owner of the relevant
property by subpoena. The Assessor may also make application to any
court of competent jurisdiction for an order compelling the owner
to furnish the required income and expense statement.
