HomeMy WebLinkAbout2011_5_4_Local_Law_No_5
Local Law No. 5 - 2011
This local law shall be known as the “Set the Number of Members of the Board of Assessment
Review at Five, Continue the Supersession of the Portions of Section 523 1. (b) of the New
York Real Property Tax Law that were Superseded by Local Law No. 11-2005 and Supersede
Portions of Section 523 1. (c) in the Town of Mamaroneck” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 – Purpose.
The Town Board concludes that the increased workload caused by the unusually high number
of complaints regarding assessments filed in the last few years necessitates increasing the
number of members of the Board of Assessment Review from its current three, plus one
alternate member, to five, plus one alternate member.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck
§ 5-7. Board of Assessment Review.
A. Portions of section 523 1. (b) and (c) of the New York Real Property Tax Law hereby
are superseded. Words enclosed in brackets are eliminated therefrom. Italicized words are
new matter added thereto. Section 523 1. (b) and (c) of the New York Real Property Tax Law,
as superseded below, shall apply in the Town of Mamaroneck.
“Section 523
1. (b) The board of assessment review shall consist of not less than three nor more than
five members and one alternate member appointed by the \[legislative body of the
local government or village\] Town Board. The alternate member shall substitute for a
regular member if such member is absent or is unable to participate because of a
conflict of interest. When the alternate member sits in the place of a regular member,
the alternate member shall possess all the powers and responsibilities of such regular
member of the board. Members shall have a knowledge of property values in the
\[local government or village\] Town (including its incorporated areas). Neither the
assessor nor any member of his or her staff may be appointed to the board of
assessment review. A majority of such board shall consist of members who are not
officers or employees of the \[local government or village\] Town.
(c) Except as modified by the last sentence of this section, the terms of office of
members of the board of assessment review shall be five years and shall
commence on the first day of October and terminate on the thirtieth day of
September, five years thereafter. \[In the case of the first board appointed under
the provisions of this title, however, the terms shall be of such length that not more
than one will expire in each of the first five years after the members of such board are
appointed.\] Since the positions of Member A, Member B, and Member C existed prior to
the effective date of this local law, the dates on which the current terms of Member A,
Member B and Member C expire shall remain the same. In order to provide for an orderly
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succession whereby only the term of one member expires in any given year, the first term
of Member D shall expire on September 30, 2016, the first term of Member E shall
expire on September 30, 2017 and the current term of the Alternate Member shall expire on
September 30, 2012, instead of September 30, 2011.”
B. The Board of Assessment Review, previously established by the Town Board, shall
continue to exist. It shall consist of five members and one alternate member. The members
shall be known as Member A, Member B, Member C, Member D, Member E and the Alternate
Member. All of the members shall be appointed by the Town Board. In accordance with §
523(1)(e) of the New York Real Property Tax Law, annually the members of the Board of
Assessment Review shall designate which of them shall serve as the Chairperson for that year.
C. Except as modified in § 5-7D of the Code, the term of office of each member shall be
five years and shall expire on the 30th day of September of the year in which the term expires.
D. The term of office of:
(1) Member A shall expire on September 30, 2013;
(2) Member B shall expire on September 30, 2014;
(3) Member C shall expire on September 30, 2015;
(4) Member D shall expire on September 30, 2016;
(5) Member E shall expire on September 30, 2017 and
(6) the Alternate Member shall expire on September 30, 2012.
E. If a person is appointed or qualifies as a member after October 1 of the year in which
the term of that person's office was scheduled to begin, that person's term shall expire on the
September 30th on which that person's term is scheduled to expire even though the person
shall have served less than five years.
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect
any other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State
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