Chapter 417

2003 -- S 1182

Enacted 08/06/03

A N A C T

RELATING TO TAXATION -- WARWICK

Introduced By: Senators McCaffrey, Revens, Walaska, Roberts, and Lenihan

Date Introduced: June 30, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 44-5-13.4 of the General Laws in Chapter 44-5 entitled "Levy and

Assessment of Local Taxes" is hereby amended by adding thereto the following section:

44-5-13.36. Assessment and taxation of new real estate construction in Richmond. –

Assessment and taxation of new real estate construction in Warwick. -- (a) Completed new

construction of real estate in Warwick completed after any assessment date is liable for the

payment of municipal taxes from the date the certificate of occupancy is issued or the date on

which the new construction is first used for the purpose for which it was constructed, whichever

is the earlier, prorated for the assessment year in which the new construction is completed. The

prorated tax is computed on the basis of the rate of tax applicable with respect to the property,

including the applicable rate of tax in any tax district in which the property is subject to tax

following completion of the new construction, on the date the property becomes liable for the

prorated tax in accordance with this section.

(b) The building inspector issuing the certificate of occupancy shall, within ten (10) days

after issuing the certificate, 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 the notice from the

building inspector or from a determination by the assessor that the new construction is being used

for the purpose for which it 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. The assessor shall prorate the amount from the date of

issuance of the certificate of occupancy or the date on which the new construction was first used

for the purpose for which it was constructed, as the case may be, to the assessment date

immediately following and shall add the 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 the tax roll and tax collector of the additional assessment.

(d) Any person claiming to be aggrieved by the action of the assessor under this section

may appeal to the assessment board of review within sixty (60) days from notification of the

additional assessment or to superior court as provided.

(e) Upon receipt of the notice from the assessor, the tax collector shall, if the 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. The tax is due and payable and collectible

as other municipal taxes and subject to the same liens and processes of collection; provided, that

the tax is due and payable in an initial or single installment due and payable not sooner than thirty

(30) days after the date the bill is mailed or handed to the owner, and in any remaining, regular

installments, as they are due and payable, and the several installments of a tax due and payable

are equal.

(f) Nothing in this section authorizes the collection of taxes twice in respect of the land

upon which the new construction is located.

(g) This section applies only to taxes levied and property assessed in the city of

Warwick.

     SECTION 2. This act shall take effect upon passage.

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LC03582

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