(b) Upon completion of such investigation the county director shall
immediately transmit a written report of such investigation and his or
her recommendation for action thereon, together with both copies of the
application, to the tax levying body. If the same alleged error also
appears on a current assessment roll, the county director shall also
file a copy of such report and recommendation with the appropriate
assessor and board of assessment review who shall consider the same to
be the equivalent of a petition for correction filed with such board
pursuant to section five hundred fifty-three of this title.
5. The tax levying body, at a regular or special meeting, upon the
presentation of an application filed pursuant to this section and the
written report described by subdivision four of this section, shall:
(a) examine the application and report to determine whether the
claimed clerical error, unlawful entry or error in essential fact
exists;
(b) reject an application where it is determined that the claimed
clerical error, unlawful entry or error in essential fact does not exist
by making a notation on the application and the copy thereof that the
application is rejected and the reasons for the rejection;
(c) approve an application where it is determined that the claimed
clerical error, unlawful entry or error in essential fact does exist by
making a notation on the application and the copy thereof that the
application is approved and by entering thereon the correct extension of
taxes;
(d) make an order setting forth the corrected taxes and directing the
officer having jurisdiction of the tax roll to correct such roll;
(e) transmit immediately to the officer having jurisdiction of the tax
roll the order and all applications that have been approved;
(f) mail an application that has been rejected to the applicant;
(g) mail a notice of approval of an application that has been approved
to the applicant;
(h) file with the records of the tax levying body the copies of all
applications.
6. The officer having jurisdiction of the tax roll, upon receipt of
the order described in subdivision five of this section, shall
immediately correct the tax roll as directed by the order and shall
collect the corrected taxes as determined by the tax levying body. The
order and approved applications shall be annexed to the tax roll and
warrant, or filed therewith in accordance with section fifteen hundred
eighty-four of this chapter, by the officer having jurisdiction of the
roll and shall become a part thereof.
7. (a) An applicant who files his application with the county director
within the period when taxes may be paid without interest, may, if his
application is approved, pay the corrected tax as determined by the tax
levying body without interest if payment is made within eight days of
the date on which the notice of approval is mailed pursuant to paragraph
(g) of subdivision five of this section.
(b) An applicant other than one described in paragraph (a) of this
subdivision shall pay interest as prescribed by law on the corrected
tax; provided, however, that no additional interest shall be imposed if
the corrected amount of the tax is paid within eight days of the date on
which the notice of approval is mailed pursuant to paragraph (g) of
subdivision five of this section, unless such eight day period would end
after the expiration of the warrant, in which case the period for paying
the corrected tax without additional interest shall end upon the
expiration of the warrant.
8. The powers and duties imposed by this section upon the county
director of real property tax services shall be performed by such
officer for tax levies for county, city, town, special district and
school district purposes except that (a) in the case of counties having
the power to assess real property for tax purposes such powers and
duties shall be performed by the chief assessing officer or the chairman
of the county board of assessors and, (b) in the case of villages, for
village tax purposes, such powers and duties shall be performed by the
village assessor or the chairman of the village board of assessors;
provided, however, that if the village has enacted a local law as
provided in subdivision three of section fourteen hundred two of this
chapter, the county director shall perform the powers and duties imposed
upon such officer by this section on behalf of such village.
9. (a) A tax levying body may, by resolution, delegate to an official
who is empowered to authorize payment of bills without prior audit by
such body or, in the event there is no official so empowered, to an
official responsible for the payment of bills upon audit of the
appropriate municipal corporation so designated by it, the authority to
perform the duties of such tax levying body, as provided in this
section. Such resolution shall only be in effect during the calendar
year in which it is adopted and shall designate that such delegation of
authority is applicable only where the recommended correction is
twenty-five hundred dollars or less, or such other sum not to exceed
twenty-five hundred dollars.
(b) Where such resolution is adopted and the recommended correction
does not exceed the amount specified in the designating resolution, the
county director shall transmit the written report of the investigation
and recommendation, together with both copies of the application, to the
official designated by the tax levying body. Upon receipt of the written
report, the designated official shall follow the procedure which the tax
levying body would follow in making corrections, provided, however,
where the designated official denies the correction, in whole or in
part, such official shall transmit to the tax levying body for its
review and disposition pursuant to subdivision five of this section the
written report of the investigation and recommendation of the county
director, together with both copies of the application and the reasons
that the designated official denied the correction. Where the
recommendation of the county director is to deny the application or the
correction requested is an amount in excess of the amount authorized in
the enabling resolution, the county director shall transmit the written
report of the investigation and recommendation, together with both
copies of the application, to the tax levying body.
(c) On or before the fifteenth day of each month, the designated
official shall submit a report to the tax levying body of the
corrections processed by such official during the preceding month. Such
report shall indicate the name of each recipient, the location of the
property and the amount of the correction.
Structure New York Laws
Article 5 - Assessment Procedure
Title 3 - Correction of Assessment Rolls and Tax Rolls
551 - Entry by Assessor of Omitted Real Property on Current Assessment Roll.
551-A - Failure to Extend Tax.
552 - Correction of Errors on Tentative Assessment Rolls.
553 - Correction of Final Assessment Rolls.
554 - Correction of Errors on Tax Rolls.
555 - Changes in Descriptions of Real Property on Final Assessment Rolls.
556 - Refunds and Credits of Taxes.
556-B - Correction of Certain Errors, Substantial in Number and Identical in Nature.
557 - Cancellations and Rejections of Certain Delinquent Taxes Returned to County Treasurer.