ARTICLE 42. - REAL ESTATE TAXATION

Sec. 1. - G.L. 1956, § 44-5-13.2.1 added.#

Chapter 44-5 of the General Laws entitled "Levy and Assessment of Local Taxes" is hereby amended by adding thereto the following section: 44-5-13.2.1. Assessment and taxation of new real estate construction in West Warwick.

(A)

Completed new construction of real estate, in West Warwick completed after any assessment date shall be liable for the payment of municipal taxes from the date the certificate of occupancy is issued or the date on which such new construction is first used for the purpose for which same was constructed, whichever is earlier, prorated for the assessment year in which the new construction is completed. Said prorated tax shall be computed on the basis of the rate of tax applicable with respect to such property, including the applicable rate of tax in any tax district in which such property is subject to tax following completion of such new construction, on the date such property becomes liable for such prorated tax in accordance with this section.

(B)

The building inspector issuing the certificate shall, within ten (10) days after issuing the same, notify, in writing, the assessor of the issuance of the certificate of occupancy.

(C)

Not later than ninety (90) days after receipt by the assessor of such notice from the building inspector or from a determination by the assessor that such new construction is being used for the purpose for which same was constructed, the assessor shall determine the increment by which assessment for the completed construction exceeds the assessment on the tax roll for the immediately preceding assessment date. He or she shall prorate such amount from the date of issuance of the certificate of occupancy or the date on which such new construction was first used for the purpose for which same was constructed, as the case may be, to the assessment date immediately following and shall add said increment as so prorated to the tax roll for the immediately preceding assessment date and shall within five (5) days notify the record owner as appearing on such tax roll and tax collector of such additional assessment.

(D)

Any person claiming to be aggrieved by the action of the assessor hereunder may appeal the doings of the assessor to the assessment board of review within sixty (60) days from notification of such additional assessment or to superior court as provided.

(E)

Upon receipt of such notice from the assessor, the tax collector shall, if such notice is received after the normal billing date, within ten (10) days thereafter mail or hand a bill to the owner based upon an amount prorated by the assessor. Such tax shall be due and payable and collectible as other municipal taxes, and subject to the same liens and processes of collection; provided such tax shall be due and payable in an initial or single installment due and payable not sooner than thirty (30) days after the date such bill is mailed or handed to the owner, and in any remaining, regular installments, as the same are due and payable, and the several installments of a tax so due and payable shall be equal.

(F)

Nothing herein shall be deemed to authorize the collection of taxes twice in respect of the land upon which the new construction is located.

(G)

This section shall only apply to taxes levied and property assessed in the town of West Warwick.

(Laws 1992, ch. 327, § 1)

Sec. 2. - G.L. 1956, § 44-5-13.3 amended.#

Section 44-5-13.3 of the General Laws [G.L. 1956, § 44-5-13.3] in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" is hereby amended to read as follows: 44-5-13.3. Reduction in assessed value of real estate upon removal of damaged buildings. Whenever a building is so damaged as to require total reconstruction before it may be used for any purpose related to its use prior to such damage and following which, the owner provides for complete demolition of such building with the material from demolition being removed from the parcel of real property on which the building was situated or used as fill on such parcel for purposes of grading, such parcel shall be assessed for purposes of property tax as of the date such demolition, removal and grading are completed, to the satisfaction of the building inspector and such assessment shall reflect a determination of the assessed value of such parcel, exclusive of the assessment value of the building so damaged, demolished and removed. The adjusted assessment shall be applicable with respect to such parcel from the date demolition, removal and grading are completed, as determined by said building inspector, until the thirty-first (31[st]) day of December next succeeding and the amount of property tax payable with respect to such parcel for the assessment year in which demolition, removal and grading are completed shall be adjusted accordingly in such manner as determined by the assessor. The preceding shall not be applicable in the event of natural disasters such as, but not limited to, erosion or demolition resulting from floods or hurricanes. This section shall only apply to assessments and taxes in the town of South Kingstown and the town of West Warwick.

(Laws 1992, ch. 327, § 2)