§ 905 — Collection of unpaid housing code violation penalties; levy

§ 905. Collection of unpaid housing code violation penalties; levy. 1.\nAuthorization. In addition to and not in limitation of any power\notherwise granted by law, the the city of Buffalo is hereby authorized\nto collect any unpaid housing, building and fire code violation\npenalties, costs and fines through placement by the city's commissioner\nof finance on the city's annual tax levy in accordance with the\nprovisions of this section.\n 2. Eligibility. In order to be eligible for placement on the city of\nBuffalo's annual tax levy such unpaid code violation penalties, costs\nand fines shall have been adjudicated and imposed through a judgment in\na court of competent jurisdiction on an owner of real property within\nthe city and recorded by the county clerk, as certified by the city's\ncorporation counsel to the commissioner of finance and have remained\nunpaid for one year after the final adjudication and exhaustion of all\nappeals relating to the imposition of the fines for a code violation\npreceding the placement on the city's tax levy.\n 3. Minimum amount owed. To qualify for placement on the tax levy the\namount owed for unpaid code violations must be at least five percent of\nthe amount of the tax assessed value of the property.\n 4. Levy. Such code violation penalty, cost or fine as set forth in a\ncopy of the judgment certified by the corporation counsel to such\ncommissioner of finance shall be set down in the annual tax levy under\nthe heading uncollected fines and penalties and in according with this\nsection shall be levied, enforced and collected in the same manner, by\nthe same proceedings, at the same time, under the same penalties and\nhaving the same lien upon the property assessed as the tax levy of such\nmunicipality and as a part thereof.\n 5. Notice. The city of Buffalo shall notify all owners or known\ninterested parties of record of the placement of the code violations on\nthe city tax levy as uncollected fines and penalties within thirty days\nof placement, pursuant to section three hundred eight of the civil\npractice law and rules. The notice shall include the date or dates of\nsuch violations, the description of the violations, the amount owed, a\nstatement detailing the foreclosure process that will occur if the\nviolations remain unpaid, the process to claim any surplus funds and the\ncontact information for the city's office in charge of receiving\npayments.\n 6. Tax year. Any unpaid code violations shall be placed on the tax\nroll the city of Buffalo is currently in and shall not be placed on a\nlist, roll or levy of delinquent taxes.\n 7. Owner occupied. Notwithstanding any other applicable provisions of\nlaw, nothing in this section shall be applied to a residential dwelling\nthat is owner-occupied or is the primary residence of a homeowner.\n 8. Tenants. Prior to the placement of any property with unpaid code\nviolations on the tax levy, the city of Buffalo shall develop a program\nto assist tenants residing in a dwelling at risk for tax foreclosure due\nto unpaid code violations. Such program shall include housing counseling\nassistance or other support in relocating the tenants to suitable\nhousing prior to the tax foreclosure.\n 9. Payment plan. Nothing in this section shall preclude an owner or\nlandlord from entering into a payment plan with the city of Buffalo for\npast amounts due for code violations.\n 10. Curing code violations. (a) If all of the violations for which the\npenalties, fees and costs have been assessed are cured, removed or\ncorrected prior to the expiration of the period for redemption pursuant\nto section eleven hundred ten of this chapter, the property shall be\nremoved from the levy and auction and the balance of the amount owed\nshall be placed as a lien on the property pursuant to applicable laws\nfor debt collection and an action for foreclosure of the property shall\nnot be maintained for the amount owed.\n (b) The determination of whether or not the code violations have been\ncured shall be made by the city of Buffalo's enforcing officer in charge\nof ensuring compliance with applicable housing, building, and fire codes\nsuch as a code enforcement officer. An appeal of this determination may\nbe made to the city's zoning board of appeals or other local\nadministrative body as provided for in local law. The final\ndetermination made by the administrative body shall be reviewable\npursuant to article seventy-eight of the civil practice law and rules.\n (c) This section shall not be applicable to any cause of action\nbrought for money due based on the curing of code violations under any\nform for receivership or a mechanic's lien.\n 11. Payment prior to auction. (a) If the balance owed for code\nviolations placed on the tax levy is paid prior to the expiration of the\nperiod for redemption pursuant to section eleven hundred ten of this\nchapter and there is no balance due for unpaid real property taxes, the\nproperty may not be auctioned, and the property shall be removed from\nthe tax levy.\n (b) The owner shall have the right to pay the full balance prior to\nthe expiration of the period for redemption pursuant to section eleven\nhundred ten of this chapter in order to redeem the property.\n 12. Surplus. Any surplus funds remaining after the sale of a property\nat a tax foreclosure for unpaid code violations shall be returned to the\nformer owner of the property in a manner as provided under local law.\nFor the purpose of this section, "surplus funds" shall mean the balance\nof money received after auction of a property at a tax foreclosure sale\nminus the amount owed for code violations and the costs and attorneys'\nfees incurred in the collection of the fees by the city.\n 13. Balance due. If after an auction a balance is due for code\nviolations, the city of Buffalo may proceed with any action against the\nformer owner pursuant to applicable laws.\n 14. Exclusions. The provisions of this section shall not apply to any\nmunicipality that sells their tax liens in a tax sale.\n