Legislation
SECTION 215
County property; general provisions
County (CNT) CHAPTER 11, ARTICLE 5
§ 215. County property; general provisions. 1. The board of
supervisors shall have the general care and control of the corporate
real and personal property of the county.
2. All contracts and conveyances made by or to the county, or on its
behalf, shall be made in the name of the county.
3. The board may acquire by purchase or condemnation and accept by
gift real and personal property for lawful county purposes. The board
may also lease for county purposes real property for terms not exceeding
five years with the privilege of renewal, except that in the county of
Cattaraugus the board may, subject to referendum provided in section
twenty-four of the municipal home rule law, lease for county purposes
real property for terms not exceeding ten years with the privilege of
renewal. Parking areas may be regulated and a reasonable charge imposed.
Necessary buildings may be erected, altered, remodelled and otherwise
improved. Such buildings may be named, maintained and kept in repair,
furnished and equipped for such public purposes. Adequate insurance of
all types may be provided. When not otherwise provided by law, the board
of supervisors may employ a custodian of any building or buildings and
the grounds in connection therewith, or such custody may be made the
duty of any county officer.
4. Upon the determination by the board of supervisors that county real
property is not required for public use, such property may be leased for
a term not exceeding five years upon such terms and conditions as may be
prescribed by the board in the same manner and with the same rights and
privileges as if owned by an individual.
5. When the board of supervisors shall determine that any county real
property is no longer necessary for public use such board by resolution
adopted by the affirmative vote of two-thirds of the total membership of
the board taken by roll call and entered in the minutes, may sell and
convey all the right, title and interest of the county therein.
6. Such property may be sold or leased only to the highest responsible
bidder after public advertisement.
7. The income and proceeds of lease and sale of any county real
property may be applied toward the payment of the cost of new sites and
buildings or expended for other lawful county purposes.
8. The provisions of subdivisions four, five, six and seven of this
section shall not apply to the disposition of real property acquired
pursuant to section eight hundred fifty of this chapter, acquired by tax
title or accepted for welfare assistance, or to lands purchased or
acquired for highways or canals.
9. The sale or other disposition of personal property no longer
necessary for public use, together with the application of the proceeds
thereof, shall be in accordance with rules and regulations adopted by
the board of supervisors, except as otherwise provided by law.
10. Nothing herein shall be construed to authorize the sale or lease
of any county property where such disposition is prohibited or
restricted by law.
11. The board of supervisors shall have the power, by resolution or
local law, to adopt and enforce rules, regulations or ordinances
covering the use of, parking on, and traffic in and through, any
county-owned or county-leased property, except as to any roads or other
property under the jurisdiction and control of the state of New York or
any of its agencies. The board shall have the power to provide that the
violation of any one or more of such rules, regulations, or ordinances
(a) shall constitute on offense and that a person guilty of such offense
may be punished by a fine of not exceeding one hundred dollars, or by
imprisonment not exceeding thirty days, or by both such fine and
imprisonment, or, in the alternative, (b) shall be enforced by
prescribing a penalty not exceeding one hundred dollars in any one case,
to be recovered in a civil action in any court having jurisdiction
thereof, which action shall be brought in the name of the county.
supervisors shall have the general care and control of the corporate
real and personal property of the county.
2. All contracts and conveyances made by or to the county, or on its
behalf, shall be made in the name of the county.
3. The board may acquire by purchase or condemnation and accept by
gift real and personal property for lawful county purposes. The board
may also lease for county purposes real property for terms not exceeding
five years with the privilege of renewal, except that in the county of
Cattaraugus the board may, subject to referendum provided in section
twenty-four of the municipal home rule law, lease for county purposes
real property for terms not exceeding ten years with the privilege of
renewal. Parking areas may be regulated and a reasonable charge imposed.
Necessary buildings may be erected, altered, remodelled and otherwise
improved. Such buildings may be named, maintained and kept in repair,
furnished and equipped for such public purposes. Adequate insurance of
all types may be provided. When not otherwise provided by law, the board
of supervisors may employ a custodian of any building or buildings and
the grounds in connection therewith, or such custody may be made the
duty of any county officer.
4. Upon the determination by the board of supervisors that county real
property is not required for public use, such property may be leased for
a term not exceeding five years upon such terms and conditions as may be
prescribed by the board in the same manner and with the same rights and
privileges as if owned by an individual.
5. When the board of supervisors shall determine that any county real
property is no longer necessary for public use such board by resolution
adopted by the affirmative vote of two-thirds of the total membership of
the board taken by roll call and entered in the minutes, may sell and
convey all the right, title and interest of the county therein.
6. Such property may be sold or leased only to the highest responsible
bidder after public advertisement.
7. The income and proceeds of lease and sale of any county real
property may be applied toward the payment of the cost of new sites and
buildings or expended for other lawful county purposes.
8. The provisions of subdivisions four, five, six and seven of this
section shall not apply to the disposition of real property acquired
pursuant to section eight hundred fifty of this chapter, acquired by tax
title or accepted for welfare assistance, or to lands purchased or
acquired for highways or canals.
9. The sale or other disposition of personal property no longer
necessary for public use, together with the application of the proceeds
thereof, shall be in accordance with rules and regulations adopted by
the board of supervisors, except as otherwise provided by law.
10. Nothing herein shall be construed to authorize the sale or lease
of any county property where such disposition is prohibited or
restricted by law.
11. The board of supervisors shall have the power, by resolution or
local law, to adopt and enforce rules, regulations or ordinances
covering the use of, parking on, and traffic in and through, any
county-owned or county-leased property, except as to any roads or other
property under the jurisdiction and control of the state of New York or
any of its agencies. The board shall have the power to provide that the
violation of any one or more of such rules, regulations, or ordinances
(a) shall constitute on offense and that a person guilty of such offense
may be punished by a fine of not exceeding one hundred dollars, or by
imprisonment not exceeding thirty days, or by both such fine and
imprisonment, or, in the alternative, (b) shall be enforced by
prescribing a penalty not exceeding one hundred dollars in any one case,
to be recovered in a civil action in any court having jurisdiction
thereof, which action shall be brought in the name of the county.