[Adopted 10-1-2018 by L.L. No. 4-2018]
A. 
Real property in the Village of East Aurora owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a husband and wife, one of whom is 65 years of age or over, shall be exempt from taxation by the Village to the extent of 50% of the assessed valuation thereof. Such exemption shall be computed after all other partial exemptions allowed by law have been subtracted from the total amount assessed.
B. 
The real property tax exemption on real property owned by a husband and wife, one of whom is 65 years of age or over, once granted, shall not be rescinded by the Village solely because of the death of the older spouse, so long as the surviving spouse is at least 62 years of age.
No exemption shall be granted:
A. 
If the income of the owner or the combined income of the owners of the property exceeds the sum of $37,399 for the income tax year immediately preceding the date of making application for exemption.
[Amended 5-16-2022 by L.L. No. 6-2022]
(1) 
Percentage of exemption shall be calculated as provided in the following schedule:
Maximum Annual Amount
Percentage
$0 to $29,000
50%
$29,000.01 to $29,999.99
45%
$30,000 to $30,999.99
40%
$31,000 to $31,999.99
35%
$32,000 to $32,899.99
30%
$32,900 to $33,799.99
25%
$33,800 to $34,699.99
20%
$34,700 to $35,599.99
15%
$35,600 to $36,499.99
10%
$36,500 to $37,399.99
5%
(2) 
"Income tax year" shall mean the twelve-month period for which the owner or owners filed a federal personal income tax return, or if no such return was filed, the calendar year. Where title is vested in either the husband or wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest dividends, total gain from sale or exchange of a capital asset, which may be offset by a loss from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital, gifts or inheritances. In computing the net rental income and net self-employment income, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. For the purposes of this article, income shall not include veterans' disability compensation, as defined in Title 38 of the United States Code.
(3) 
For purposes of the senior citizen property tax exemption, any such senior citizen who is a service-connected disabled veteran and receives disability compensation from the U.S. Department of Veterans Affairs shall not have said payments/compensation included in the calculation by the Assessor for the purposes of receiving this exemption.
B. 
Unless the title of the property shall have been vested in the owner or all of the owners of the property for at least 24 consecutive months prior to the date of making application for exemption; provided, however, that in the event of the death of either a husband or wife in whose name title of the property shall have been vested at the time of death and then becomes vested solely in the survivor by virtue of devise by or descent from the deceased husband or wife, the time of ownership of the property by the deceased husband or wife shall be deemed also a time of ownership by the survivor, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months; provided further that in the event of a transfer by either a husband or wife to the other spouse of all or part of the title to the property, the time of ownership of the property by the transferor spouse shall be deemed also a time of ownership by the transferee spouse, and such ownership shall be deemed continuous for the purposes of computing such period of 24 consecutive months; and provided further that where property of the owner or owners has been acquired to replace property formerly owned by such owner or owners and taken by eminent domain or other involuntary proceeding, except a tax sale; and further provided that where a residence is sold and replaced with another within one year and is in the same assessment unit, the period of ownership of the former property shall be combined with the period of ownership of the property for which application is made for exemption, and such periods of ownership shall be deemed to be consecutive for purposes of this section. Notwithstanding any other provision of law, where a residence is sold and replaced with another within one year and both residences are within the state, the period of ownership of both properties shall be deemed consecutive for purposes of the exemption from taxation as provided in this article.
C. 
Unless the property is used exclusively for residential purposes.
D. 
Unless the property is the legal residence of and is occupied in whole or in part by the owner or by all of the owners of the property.
The Village shall notify, or cause to be notified, each person owning residential real property in the Village of the provisions of this article. The provisions of this section may be met by a notice or legend sent on or with each tax bill to such persons reading, "You may be eligible for senior citizen tax exemption. For information, please call or write...," followed by the name, telephone number and/or address of the person or department selected by the Village to explain the provisions of this article. Failure to notify, or cause to notify, any person who is, in fact, eligible to receive the exemption provided by this article or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person.
Application for such exemption must be made by the owner, or all of the owners of the property, on forms prescribed by the State Board of Equalization and Assessment to be furnished by the Assessor appointed by the Village and shall be filed in the Assessor's office on or before the taxable status date of the Village.
At least 60 days prior to the appropriate taxable status date, the Assessor shall mail to each person who was granted exemption pursuant to this article the latest completed assessment roll, an application form and a notice that such application must be filed on or before the taxable status date and be approved in order for the exemption to be granted. The assessing authority shall, within three days of the completion and filing of the tentative assessment roll, notify by mail any applicant who has included with his or her other application at least one self-addressed, prepaid envelope of the approval or denial of the application; provided, however, that the assessing authority shall, upon the receipt and filing of the application, send by mail notification of receipt to any applicant who has included two of such envelopes with the application. Where an applicant is entitled to a notice of denial pursuant to this article, such notice shall be on a form prescribed by the State Board of Equalization and Assessment and shall state the reasons for such denial and shall further state that the applicant may have such determination reviewed in the manner provided by law. Failure to mail any such application form and notice or the failure of such person to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on property owned by such person.
Any conviction of having made any willful false statement in the application for such exemption shall be punishable by a fine of not more than $100 and shall disqualify the applicant or applicants from further exemption for a period of five years.