§ 901. Collection of unpaid housing code violation penalties in the
city of Syracuse; levy. 1. Authorization. In addition to and not in
limitation of any power otherwise granted by law, the city of Syracuse
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
Syracuse'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 or the city of Syracuse's codes
violation bureau established pursuant to section three hundred eighty of
the general municipal law, 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 the
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 general city tax
and as a part thereof.

5. Notice. The city of Syracuse shall notify all owners or known
interested parties of record of the placement of the code violations on
the municipal 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 Syracuse 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 Syracuse 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 Syracuse 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 set forth
by the city of Syracuse for the city's annual tax levy, 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 Syracuse'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 mechanics 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 set forth by the city of Syracuse for the city's
annual tax levy 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 set forth by the city of
Syracuse for the city's annual tax levy 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 provided under local law. This
provision shall not apply to a sale of a property at a tax foreclosure
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 foreclosure
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 Syracuse. 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 Syracuse may proceed with any action against the
former owner pursuant to applicable laws.

14. Exclusions. The provisions of this section shall not apply if the
city of Syracuse sells their tax liens in a tax lien sale.