|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to local government|
|Jan 16, 2013||referred to local government|
senate Bill S2371
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2371 - Details
S2371 - Summary
Authorizes municipalities to treat unpaid fines for building code, property maintenance and nuisance violations as unpaid real property taxes and to impose a tax lien therefor.
S2371 - Sponsor Memo
BILL NUMBER:S2371 TITLE OF BILL: An act to amend the real property tax law, in relation to authorizing municipalities to treat unpaid building code, property maintenance and nuisance fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes municipalities to include unpaid fines such as building code enforcement fines, nuisance fines, and other quality of life protections in the following year tax levy and subjects the property to foreclosure proceedings as authorized by the law for unpaid real property taxes. This legislation will enable municipalities, at local option, to treat unpaid enforcement fines as liens on the affected property. The liens could then be foreclosed pursuant to annual tax foreclosure proceedings should the fines remain unpaid. Faced with prospect of having their property sold at a tax sale, it is anticipated that violators would choose to settle outstanding fines to municipality. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Adds a new section 901 to the Real Property Tax law, subsection 1 empowers municipalities to enact law, resolution, or ordinance providing that finally adjudicated fines imposed upon real property for building code, property maintenance or nuisance violations may be recovered as delinquent taxes. Subsection 2 calls
S2371 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2371 2013-2014 Regular Sessions I N S E N A T E January 16, 2013 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to authorizing municipalities to treat unpaid building code, property maintenance and nuisance fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 901 to read as follows: S 901. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES IMPOSED BY MUNICIPAL CORPORATIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERN- ING BODY, MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THAT FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROPERTY FOR BUILDING CODE, PROPERTY MAINTENANCE AND NUISANCE VIOLATIONS SHALL BE DEEMED TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISION OF THIS SECTION. NO SUCH LAW, ORDINANCE OR RESOLUTION SHALL BE DEEMED TO TAKE EFFECT UNTIL IT SHALL HAVE BEEN FILED WITH THE CLERK OF THE MUNICIPAL CORPORATION AND THE APPROPRIATE COLLECTING OFFICER. 2. EVERY SUCH LOCAL LAW, ORDINANCE AND RESOLUTION SHALL ESTABLISH A PROCEDURE FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER- LYING CIRCUMSTANCES RELATING TO THE BUILDING CODE, PROPERTY MAINTENANCE OR NUISANCE VIOLATION, AND THE FINE TO BE IMPOSED IF THE COURT FINDS THAT SUCH A VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY OWNER WHO AFTER BEING ADJUDGED TO HAVE COMMITTED A VIOLATION SHALL HAVE THE RIGHT TO APPEAL SUCH JUDGEMENT. 3. EVERY LOCAL LAW, ORDINANCE AND RESOLUTION ENACTED PURSUANT TO THIS SECTION SHALL PROVIDE THAT EACH AFFECTED PROPERTY OWNER SHALL BE PROVIDED, BY THE MUNICIPAL CORPORATION, WITH NOT LESS THAN TEN DAYS WRITTEN NOTICE PRIOR TO THE OCCURRENCE OF ANY ACTION BY THE MUNICIPAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01505-02-3
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