[Adopted 3-19-2007 by L.L. No. 2-2007]
This article is enacted pursuant to the authority
of the New York State Municipal Home Rule Law, § 10, New
York State Town Law and New York State Real Property Tax Law, § 581(1)(c).
A.
The intent of the Town Board of the Town of Clay is
to adopt a local law as permitted by the Real Property Tax Law ("RPTL"),
§ 581(1)(c) providing that the method of assessing condominiums
contained in RPTL § 581(1)(a) shall not apply to converted
condominium units in the Town of Clay.
B.
The Town Board finds, upon the recommendation of the
assessor, that it is desirable to the greatest extent possible under
the law to give the Town the option of assessing single-family residences
at market value. The Town Board wishes to prevent the characterization
of single-family residences as condominiums since such characterization
may prevent the assessor from using the market value method of determining
a property's value for a single-family residence from being used and
thus result in a lower assessment than its current market value. The
Town Board of the Town of Clay believes that uneven and unfair taxation
results when condominiums are not taxed at market value.
Pursuant to the authority granted to the Town
by RPTL § 581(1)(c), the provisions of RPTL § 581(1)(a)
shall not apply to converted condominium units within the Town of
Clay. The Town of Clay does not recognize converted condominium units
as defined in RPTL § 581(1)(c) as condominium units for
the purpose of assessing the value of said condominium.
If any part or provision of this article or
the application thereof to any person or circumstance be adjudicated
invalid by a court of competent jurisdiction, such judgment shall
be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this article or the application thereof to other
persons or circumstances, and the Town Board of the Town of Clay hereby
declares that it would have passed this article or the remainder thereof
had such invalid application or invalid provision been apparent.
All ordinances, local laws and parts thereof
that are inconsistent with this article are hereby repealed.
This article shall take effect immediately upon
filing in the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
