HomeMy WebLinkAbout2005_6_1_Local_Law_No_11 Local Law No. 11 -2005
This local law shall be known as the "Supersession of Portions of Section 523 1.
(b) of the New York Real Property Tax Law 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 creating the position of alternate member of the
Board of Assessment Review will minimize the possibility of there not being a
quorum at meetings of the Board of Assessment Review.
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) 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hereby are superseded.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) 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Real Property Tax Law, as superseded below, shall apply in the Town of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. The alternate member shall substitute for
a regular member in the event 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. 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."
B. The Board of Assessment Review, previously established by the Town
Board, shall continue to exist. It shall consist of three members and one alternate
member. The members shall be known as Member A, Member B, Member C 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 for persons appointed on or before September 1, 2003, and except
as provided in § 5-713 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.
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D. The term of office of a member appointed on or before September 1, 2003,
shall commence on the date selected by the Town Board in its resolution making
the appointment, but the term of office of:
(1) Member A shall expire on September 30, 2003;
(2) Member B shall expire on September 30, 2004; and
(3) Member C shall expire on September 30, 2005.
E. The term of office of the Alternate Member appointed prior to July 1, 2005
shall commence on the date selected by the Town Board in its resolution making
the appointment, but shall expire on September 30, 2006.
F. 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
2005 LL No. (Bd of Assessment Review-Amendment)approved 06-01-05
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