NY State Senate Bill 2019-S4634A

Senate Bill S4634A

2019-2020 Legislative Session

Relates to authorizing the city of Lockport to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
May 08, 2019	print number 4634a
May 08, 2019	amend and recommit to local government
Mar 18, 2019	referred to local government

Bill Amendments

Original

A (Active)

2019-S4634 - Details

See Assembly Version of this Bill:: A6736
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §905-a, RPT L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3626, A3851
2023-2024: S875, A5108

2019-S4634 - Summary

Authorizes the city of Lockport to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy.

2019-S4634 - Sponsor Memo

                                
 
BILL NUMBER: S4634

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to authorizing the city of Lockport to add unpaid housing code violation
penalties, costs and fines to such city's annual tax levy

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the City of Lockport to deem finally adjudicated fines imposed
upon real property for building code violations as delinquent taxes.

 
SUMMARY OF PROVISIONS:

Section 1: Authorizes the City of Lockport to collect any unpaid housing
code violation penalties, costs and fines through placement by the city
treasurer on the city's annual tax levy in accordance with the applica-
ble provisions of the city's tax and assessment act. It provides that in
order for such unpaid housing code violation penalties, costs and fines
to be eligible for placement on the city's annual tax levy, it 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, and have remained unpaid
for one year preceding the placement on the city's tax levy. Addi-
tionally, such housing code violation penalty, cost or fine, as set
forth in a copy of the judgment certified by the corporation counsel,
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 property assessed as the
general city tax and as a part thereof.

Section 2 specifies that this legislation shall take effect immediately.

 
JUSTIFICATION:

The purpose of this legislation is to hold property owners, other than
owner-occupied property owners, that have been cited by the city of
Lockport for housing code violations accountable. Unfortunately, some
absentee landlords allow properties to deteriorate with little-tono
recourse, as municipalities often face difficulties in enforcing and
collecting fines. These problem properties plague neighborhoods and
communities in Lockport, negatively impacting quality of life and prop-
erty values for nearby residents. By authorizing the City of Lockport to
place unpaid fines on a property's annual tax levy, and potentially to
be included as a tax lien on the property, property owners will be more
likely to maintain their property in an acceptable condition.

 
PRIOR LEGISLATIVE HISTORY:

2019 New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state. To be determined for the City of Lockport.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4634 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4634                                                  A. 6736
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 18, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. ORTT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local Government
 
 IN ASSEMBLY -- Introduced by M. of A. NORRIS -- 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 Lockport to add unpaid housing code  violation  penalties,
   costs and fines to such city's annual tax levy
 
   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-a to read as follows:
   §  905-A.  COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; CITY
 OF LOCKPORT; LEVY. 1.  AUTHORIZATION. IN ADDITION TO AND NOT IN  LIMITA-
 TION  OF  ANY  POWER  OTHERWISE  GRANTED BY LAW, THE CITY OF LOCKPORT IS
 HEREBY AUTHORIZED TO COLLECT ANY UNPAID HOUSING, BUILDING AND FIRE  CODE
 VIOLATION PENALTIES, COSTS AND FINES THROUGH PLACEMENT BY THE CITY TREA-
 SURER 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
 LOCKPORT'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 AND HAVE REMAINED UNPAID  FOR  ONE  YEAR  AFTER  THE
 FINAL ADJUDICATION AND EXHAUSTION OF ALL APPEALS RELATING TO THE IMPOSI-
 TION  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 TWO PERCENT OF
 THE AMOUNT OF THE TAX ASSESSED VALUE OF THE PROPERTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10671-02-9

 S. 4634                             2                            A. 6736
 
   4. LEVY. SUCH CODE VIOLATION PENALTY, COST OR FINE AS SET FORTH  IN  A
 COPY  OF  THE JUDGMENT CERTIFIED BY THE CORPORATION COUNSEL SHALL BE SET
 DOWN IN THE ANNUAL TAX LEVY UNDER  THE  HEADING  UNCOLLECTED  FINES  AND
 PENALTIES  AND IN ACCORDANCE 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 PROPER-
 TY ASSESSED AS THE TAX LEVY OF SUCH MUNICIPALITY AND AS A PART THEREOF.
   5. NOTICE. THE CITY OF LOCKPORT  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 PRAC-
 TICE  LAW  AND RULES. THE NOTICE SHALL INCLUDE THE DATE OR DATES OF SUCH
 VIOLATIONS, THE DESCRIPTION OF THE VIOLATIONS, THE AMOUNT OWED, A STATE-
 MENT 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 LOCKPORT 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 LOCKPORT 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  HOUS-
 ING 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 LOCKPORT 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 LOCKPORT'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 DETER-
 MINATION MAY BE MADE TO THE CITY'S ZONING  BOARD  OF  APPEALS  OR  OTHER
 LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE FINAL DETER-
 MINATION 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.

 S. 4634                             3                            A. 6736
 
   (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.
 THIS PROVISION SHALL NOT APPLY TO A SALE OF A PROPERTY AT A TAX FORECLO-
 SURE DUE TO UNPAID TAXES. IF A PROPERTY HAS BOTH UNPAID TAXES AND UNPAID
 CODE  VIOLATIONS ON THE SAME TAX LEVY AND IS AUCTIONED AT A TAX FORECLO-
 SURE THE AMOUNT OF THE SURPLUS FUNDS RETURNED TO THE FORMER OWNER  SHALL
 BE  PROPORTIONATE  TO  THE  AMOUNT OF UNPAID CODE VIOLATIONS OWED IN THE
 TOTAL AMOUNT OF DEBT OWED TO THE CITY OF LOCKPORT.  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 LOCKPORT 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.
   § 2. This act shall take effect immediately.

2019-S4634A (ACTIVE) - Details

See Assembly Version of this Bill:: A6736
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §905-a, RPT L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3626, A3851
2023-2024: S875, A5108

2019-S4634A (ACTIVE) - Summary

Authorizes the city of Lockport to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy.

2019-S4634A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4634A

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to authorizing the city of Lockport to add unpaid housing code violation
penalties, costs and fines to such city's annual tax levy

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the City of Lockport to deem finally adjudicated fines imposed
upon real property for building code violations as delinquent taxes.

 
SUMMARY OF PROVISIONS:

Section 1: Authorizes the City of Lockport to collect any unpaid housing
code violation penalties, costs and fines through placement by the city
treasurer on the city's annual tax levy in accordance with the applica-
ble provisions of the city's tax and assessment act. It provides that in
order for such unpaid housing code violation penalties, costs and fines
to be eligible for placement on the city's annual tax levy, it 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, and have remained unpaid
for one year preceding the placement on the city's tax levy. Addi-
tionally, such housing code violation penalty, cost or fine, as set
forth in a copy of the judgment certified by the corporation counsel,
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 property assessed as the
general city tax and as a part thereof.

Section 2 specifies that this legislation shall take effect immediately.

 
JUSTIFICATION:

The purpose of this legislation is to hold property owners, other than
owner-occupied property owners, that have been cited by the city of
Lockport for housing code violations accountable. Unfortunately, some
absentee landlords allow properties to deteriorate with little to no
recourse, as municipalities often face difficulties in enforcing and
collecting fines. These problem properties plague neighborhoods and
communities in Lockport, negatively impacting quality of life and prop-
erty values for nearby residents. By authorizing the City of Lockport to
place unpaid fines on a property's annual tax levy, and potentially to
be included as a tax lien on the property, property owners will be more
likely to maintain their property in an acceptable condition.

 
PRIOR LEGISLATIVE HISTORY:

2019 New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state. To be determined for the City of Lockport.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4634A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4634--A                                            A. 6736--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 18, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. ORTT -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local  Government
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. NORRIS -- read once  and  referred
   to  the  Committee  on Real Property Taxation -- 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 Lockport to add unpaid housing code  violation  penalties,
   costs and fines to such city's annual tax levy
 
   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-a to read as follows:
   §  905-A.  COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; CITY
 OF LOCKPORT; LEVY. 1.  AUTHORIZATION. IN ADDITION TO AND NOT IN  LIMITA-
 TION  OF  ANY  POWER  OTHERWISE  GRANTED BY LAW, THE CITY OF LOCKPORT IS
 HEREBY AUTHORIZED TO COLLECT ANY UNPAID HOUSING, BUILDING AND FIRE  CODE
 VIOLATION PENALTIES, COSTS AND FINES THROUGH PLACEMENT BY THE CITY TREA-
 SURER 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
 LOCKPORT'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 AND HAVE REMAINED UNPAID  FOR  ONE  YEAR  AFTER  THE
 FINAL ADJUDICATION AND EXHAUSTION OF ALL APPEALS RELATING TO THE IMPOSI-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10671-03-9

 S. 4634--A                          2                         A. 6736--A
 
 TION  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 SHALL  BE  SET
 DOWN  IN  THE  ANNUAL  TAX  LEVY UNDER THE HEADING UNCOLLECTED FINES AND
 PENALTIES AND IN ACCORDANCE 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 PROPER-
 TY ASSESSED AS THE TAX LEVY OF SUCH MUNICIPALITY AND AS A PART THEREOF.
   5. NOTICE. THE CITY OF LOCKPORT  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 PRAC-
 TICE  LAW  AND RULES. THE NOTICE SHALL INCLUDE THE DATE OR DATES OF SUCH
 VIOLATIONS, THE DESCRIPTION OF THE VIOLATIONS, THE AMOUNT OWED, A STATE-
 MENT 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 LOCKPORT 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 LOCKPORT 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  HOUS-
 ING 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 LOCKPORT 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 LOCKPORT'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 DETER-
 MINATION MAY BE MADE TO THE CITY'S ZONING  BOARD  OF  APPEALS  OR  OTHER
 LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE FINAL DETER-
 MINATION 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.

 S. 4634--A                          3                         A. 6736--A
 
   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.
 THIS PROVISION SHALL NOT APPLY TO A SALE OF A PROPERTY AT A TAX FORECLO-
 SURE DUE TO UNPAID TAXES. IF A PROPERTY HAS BOTH UNPAID TAXES AND UNPAID
 CODE VIOLATIONS ON THE SAME TAX LEVY AND IS AUCTIONED AT A TAX  FORECLO-
 SURE  THE AMOUNT OF THE SURPLUS FUNDS RETURNED TO THE FORMER OWNER SHALL
 BE PROPORTIONATE TO THE AMOUNT OF UNPAID CODE  VIOLATIONS  OWED  IN  THE
 TOTAL  AMOUNT  OF DEBT OWED TO THE CITY OF LOCKPORT.  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 LOCKPORT 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.
   § 2. This act shall take effect immediately.

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