§ 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.