2023 New York Laws › RPT - Real Property Tax › Article 9 - Levy and Collection of Taxes › Title 1 - Levy; Warrant; Lien Date › 905 - Collection of Unpaid Housing Code Violation Penalties; Levy.

§ 905. Collection of unpaid housing code violation penalties; levy. 1.
Authorization.  In  addition  to  and  not  in  limitation  of any power
otherwise granted by law, the the city of Buffalo is  hereby  authorized
to  collect  any  unpaid  housing,  building  and  fire  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
provisions of this section.
2. Eligibility. In order to be eligible for placement on the  city  of
Buffalo's  annual  tax  levy such unpaid 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 and recorded by the county clerk, as certified  by  the  city's
corporation  counsel  to  the  commissioner of finance and have remained
unpaid for one year after the final adjudication and exhaustion  of  all
appeals  relating  to  the  imposition of the fines for a code violation
preceding the placement on the city's tax levy.
3. Minimum amount owed. To qualify for placement on the tax  levy  the
amount  owed for unpaid code violations must be at least five percent of
the amount of the tax assessed value of the property.
4. Levy. Such code violation penalty, cost or fine as set forth  in  a
copy  of  the  judgment  certified  by  the  corporation counsel to such
commissioner of finance shall be set down in the annual tax  levy  under
the  heading  uncollected fines and penalties and in according with this
section 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 property assessed as the tax levy of  such
municipality and as a part thereof.
5.  Notice.  The  city  of  Buffalo  shall  notify all owners or known
interested parties of record of the placement of the code violations  on
the  city tax levy as uncollected fines and penalties within thirty days
of placement, pursuant to section  three  hundred  eight  of  the  civil
practice  law  and  rules. The notice shall include the date or dates of
such violations, the description of the violations, the amount  owed,  a
statement  detailing  the  foreclosure  process  that  will occur if the
violations remain unpaid, the process to claim any surplus funds and the
contact information  for  the  city's  office  in  charge  of  receiving
payments.
6.  Tax  year.  Any  unpaid code violations shall be placed on the tax
roll the city of Buffalo is currently in and shall not be  placed  on  a
list, roll or levy of delinquent taxes.
7.  Owner occupied. 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.
8.  Tenants.  Prior  to the placement of any property with unpaid code
violations on the tax levy, the city of Buffalo shall develop a  program
to assist tenants residing in a dwelling at risk for tax foreclosure due
to unpaid code violations. Such program shall include housing counseling
assistance  or  other  support  in  relocating  the  tenants to suitable
housing prior to the tax foreclosure.
9. Payment plan. Nothing in this section shall preclude  an  owner  or
landlord  from entering into a payment plan with the city of Buffalo for
past amounts due for code violations.
10. Curing code violations. (a) If all of the violations for which the
penalties, fees and costs have  been  assessed  are  cured,  removed  or
corrected  prior to the expiration of the period for redemption pursuant
to section eleven hundred ten of this chapter,  the  property  shall  be
removed  from  the  levy  and auction and the balance of the amount owed
shall be placed as a lien on the property pursuant  to  applicable  laws

for  debt collection and an action for foreclosure of the property shall
not be maintained for the amount owed.
(b)  The determination of whether or not the code violations have been
cured shall be made by the city of Buffalo's enforcing officer in charge
of ensuring compliance with applicable housing, building, and fire codes
such as a code enforcement officer. An appeal of this determination  may
be   made  to  the  city's  zoning  board  of  appeals  or  other  local
administrative  body  as  provided  for  in   local   law.   The   final
determination  made  by  the  administrative  body  shall  be reviewable
pursuant to article seventy-eight of the civil practice law and rules.
(c) This section shall not  be  applicable  to  any  cause  of  action
brought  for  money due based on the curing of code violations under any
form for receivership or a mechanic's lien.
11. Payment prior to  auction.  (a)  If  the  balance  owed  for  code
violations placed on the tax levy is paid prior to the expiration of the
period  for  redemption  pursuant  to section eleven hundred ten of this
chapter and there is no balance due for unpaid real property taxes,  the
property  may  not  be auctioned, and the property shall be removed from
the tax levy.
(b) The owner shall have the right to pay the full  balance  prior  to
the  expiration  of the period for redemption pursuant to section eleven
hundred ten of this chapter in order to redeem the property.
12. Surplus. Any surplus funds remaining after the sale of a  property
at a tax foreclosure for unpaid code violations shall be returned to the
former  owner  of  the property in a manner as provided under local law.
For the purpose of this section, "surplus funds" shall mean the  balance
of  money received after auction of a property at a tax foreclosure sale
minus the amount owed for code violations and the costs  and  attorneys'
fees incurred in the collection of the fees by the city.
13.  Balance  due.  If  after  an  auction  a  balance is due for code
violations, the city of Buffalo may proceed with any action against  the
former owner pursuant to applicable laws.
14.  Exclusions. The provisions of this section shall not apply to any
municipality that sells their tax liens in a tax sale.