Assembly Bill A6528A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6528

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2015
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in  relation  to  authorizing
  the  city  of  Buffalo to treat unpaid building code, property mainte-
  nance 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 905 to read as follows:
  S 905. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES  IMPOSED
BY  THE  CITY OF BUFFALO. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE CITY OF BUFFALO, ACTING BY AND THROUGH ITS GOVERNING BODY,
MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION  PROVIDING  THAT  FINALLY
ADJUDICATED  FINES  IMPOSED  UPON  REAL  PROPERTY, OTHER THAN A PROPERTY
SERVING AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE  OWNERS  THEREOF,
FOR BUILDING CODE, PROPERTY MAINTENANCE AND NUISANCE VIOLATIONS SHALL BE
DEEMED  TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISIONS 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 CITY OF
BUFFALO 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 CITY OF BUFFALO, WITH NOT LESS THAN  TEN  DAYS  WRITTEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-01-5
              

A. 6528                             2

NOTICE  PRIOR  TO  THE  OCCURRENCE  OF ANY ACTION BY THE CITY OF BUFFALO
PURSUANT TO THE PROVISIONS OF THIS SECTION.   EVERY  SUCH  NOTICE  SHALL
INFORM  THE  REAL  PROPERTY  OWNER  THAT A REAL PROPERTY TAX LIEN MAY BE
IMPOSED IF THE FINE REMAINS UNPAID.
  4.  THE  CITY  OF  BUFFALO MAY, NOT LESS THAN ONE YEAR AFTER THE FINAL
ADJUDICATION AND EXHAUSTION OF ALL APPEALS RELATING TO THE IMPOSITION OF
A FINE FOR A BUILDING CODE, PROPERTY MAINTENANCE OR NUISANCE  VIOLATION,
DECLARE SUCH FINE AND ANY EXPENSES INCURRED IN ADJUDICATING SUCH FINE TO
BE  UNPAID REAL PROPERTY TAXES ON THE SUBJECT PROPERTY, AND INCLUDE SUCH
FINE ON THE TAX ROLL OF UNPAID TAXES DELIVERED TO THE  COLLECTING  OFFI-
CER.
  5.  FINES  DEEMED  TO  BE  UNPAID  TAXES  UNDER  THIS SECTION SHALL BE
INCLUDED ON THE TAX ROLL OF TAXES WHICH REMAIN UNPAID  PRODUCED  BY  THE
APPROPRIATE  COLLECTING OFFICER AND DELIVERED TO THE COUNTY TREASURER IN
ACCORDANCE WITH SECTION NINE HUNDRED THIRTY-SIX OF THIS ARTICLE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6528--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2015
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Real Property  Taxation  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Real Property Taxation  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in  relation  to  authorizing
  the  city  of  Buffalo to add unpaid housing code violation penalties,
  costs and fines to the city's  annual  tax  levy  in  accordance  with
  applicable law

  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 905 to read as follows:
  S 905. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
IN  ADDITION  TO AND NOT IN LIMITATION OF ANY POWER OTHERWISE GRANTED BY
LAW, THE CITY OF BUFFALO IS HEREBY  AUTHORIZED  TO  COLLECT  ANY  UNPAID
HOUSING  CODE  VIOLATION PENALTIES, COSTS AND FINES THROUGH PLACEMENT BY
THE CITY'S COMMISSIONER OF FINANCE ON THE  CITY'S  ANNUAL  TAX  LEVY  IN
ACCORDANCE  WITH THE APPLICABLE PROVISIONS OF THE CITY'S TAX AND ASSESS-
MENT ACT (CHAPTER SEVENTY-FIVE OF THE LAWS OF NINETEEN HUNDRED  SIX,  AS
AMENDED).
  2. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON THE CITY'S ANNUAL TAX LEVY
SUCH UNPAID HOUSING CODE VIOLATION PENALTIES, COSTS AND FINES SHALL HAVE
BEEN  ADJUDICATED AND IMPOSED THROUGH A JUDGMENT IN A COURT OF COMPETENT
JURISDICTION ON AN OWNER OF REAL PROPERTY WITHIN THE CITY, AS  CERTIFIED
BY  THE  CITY'S  CORPORATION COUNSEL TO THE COMMISSIONER OF FINANCE, AND
HAVE REMAINED UNPAID FOR ONE YEAR PRECEDING THE PLACEMENT ON THE  CITY'S
TAX LEVY.
  3. SUCH HOUSING CODE VIOLATION PENALTY, COST OR FINE AS SET FORTH IN A
COPY OF THE JUDGMENT CERTIFIED BY THE CORPORATION COUNSEL TO THE COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-05-6
              

A. 6528--B                          2

SIONER  OF  FINANCE  SHALL  BE SET DOWN IN THE ANNUAL TAX LEVY UNDER THE
HEADING UNCOLLECTED FINES AND PENALTIES AND SHALL  BE  LEVIED,  ENFORCED
AND  COLLECTED  IN THE SAME MANNER, BY THE SAME PROCEEDINGS, AT THE SAME
TIME, UNDER THE SAME PENALTIES AND HAVING THE SAME LIEN UPON THE PROPER-
TY ASSESSED AS THE GENERAL CITY TAX AND AS A PART THEREOF.
  4.  NOTWITHSTANDING ANY OTHER APPLICABLE PROVISIONS OF LAW, NOTHING IN
THIS SECTION  SHALL  BE  APPLIED  TO  A  RESIDENTIAL  DWELLING  THAT  IS
OWNER-OCCUPIED OR IS THE PRIMARY RESIDENCE OF A HOMEOWNER.
  S 2. This act shall take effect immediately.