Bill Text: NY A01236 | 2015-2016 | General Assembly | Amended

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Bill Title: Authorizes the city of Syracuse to add unpaid housing code violation penalties, costs and fines to the city's annual tax levy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-06-14 - held for consideration in codes [A01236 Detail]

Download: New_York-2015-A01236-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1236--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 8, 2015
                                       ___________
        Introduced  by  M. of A. MAGNARELLI, HUNTER -- read once and referred to
          the Committee on Real Property Taxation -- recommitted to the  Commit-
          tee on Real Property Taxation in accordance with Assembly Rule 3, sec.
          2  -- 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 Syracuse to treat unpaid building code and fire code fines
          as  delinquent taxes and impose tax liens upon the real property which
          is the subject of such fines
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    The  real  property  tax law is amended by adding a new
     2  section 901 to read as follows:
     3    § 901. Authorizing inclusion in the tax levy of certain fines  imposed
     4  by  the city of Syracuse. 1. Notwithstanding any provision of law to the
     5  contrary, the city of Syracuse, acting  by  and  through  its  governing
     6  body,  may  enact  a  local  law, ordinance or resolution providing that
     7  finally adjudicated fines imposed upon real property, other than a prop-
     8  erty serving as the primary residence of one or more of the owners ther-
     9  eof, for building code and fire code violations shall be  deemed  to  be
    10  delinquent  taxes  in  accordance with the provision of this section. No
    11  such law, ordinance or resolution shall be deemed to take  effect  until
    12  it  shall have been filed with the clerk of the city of Syracuse and the
    13  appropriate collecting officer.
    14    2. Such local law, ordinance and resolution shall establish  a  proce-
    15  dure  for  the judicial determination and adjudication of the underlying
    16  circumstances relating to the building code or fire code violation,  and
    17  the  fine  to  be  imposed  if  the  court  finds  that such a violation
    18  occurred. Furthermore, a real property owner who after being adjudged to
    19  have committed a violation shall have the right to appeal such judgment.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01757-02-6
        A. 1236--A                          2
     1    3. Such local law, ordinance or resolution enacted  pursuant  to  this
     2  section  shall  provide  that  each  affected  property  owner  shall be
     3  provided, by the city of Syracuse, with not less than ten  days  written
     4  notice  prior  to  the  occurrence of any action by the municipal corpo-
     5  ration  pursuant  to  the provisions of this section.  Every such notice
     6  shall inform the real property owner that a real property tax  lien  may
     7  be imposed if the fine remains unpaid.
     8    4.  The  city  of Syracuse may, not less than one year after the final
     9  adjudication and exhaustion of all appeals relating to the imposition of
    10  a fine for a building code or fire code violation, declare such fine and
    11  any expenses incurred in adjudicating such fine to be unpaid real  prop-
    12  erty  taxes  on  the  subject property, and include such fine on the tax
    13  roll of unpaid taxes delivered to the collecting officer.
    14    § 2. Section 936 of the real property tax law, as amended  by  chapter
    15  237  of the laws of 1995, subdivision 1 as amended by chapter 355 of the
    16  laws of 1997, is amended to read as follows:
    17    § 936. Return of unpaid delinquent taxes.  1. Upon the  expiration  of
    18  his  or  her  warrant, each collecting officer shall make and deliver to
    19  the county treasurer an account, subscribed and affirmed by him  or  her
    20  as  true  under the penalties of perjury, of all taxes listed on the tax
    21  roll which remain unpaid including any fines deemed to be  unpaid  taxes
    22  pursuant  to  section nine hundred one of this article, except that such
    23  collecting officer shall not include in such account the amount  of  the
    24  installments  of taxes returned unpaid pursuant to [section nine hundred
    25  twenty-eight-b or] subdivision one of section nine  hundred  seventy-six
    26  of  this  [chapter]  article.   The county treasurer shall, if satisfied
    27  that such account is correct, credit him with the amount of such  unpaid
    28  delinquent  taxes. Such return shall be endorsed upon or attached to the
    29  tax roll.
    30    2. In making the return of unpaid taxes and fines deemed to be  unpaid
    31  taxes, the collecting officer shall add five per centum to the amount of
    32  each tax as levied. In the event that the collecting officer fails to do
    33  so,  the county treasurer shall make such addition. In a county in which
    34  there is a local law in effect pursuant to [section nine  hundred  twen-
    35  ty-eight-b  or] section nine hundred seventy-two of this [chapter] arti-
    36  cle providing for the collection of taxes in installments, the five  per
    37  centum  provided  by  this  subdivision  shall not be added to the taxes
    38  which a real property owner has elected to pay in installments  pursuant
    39  to  [section nine hundred twenty-eight-b or] section nine hundred seven-
    40  ty-five of this [chapter] article.  Such five per centum shall be  added
    41  by  the  county  treasurer  to  the  amount  of such taxes as shall have
    42  remained unpaid after the date upon which the last installment  was  due
    43  as provided in such local law. The amount of such added per centum shall
    44  thereafter be deemed part of the amount of the unpaid tax.
    45    §  3.  Subdivision  2 of section 1102 of the real property tax law, as
    46  amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
    47  follows:
    48    2.  "Delinquent tax" means an unpaid tax, unpaid fines that are deemed
    49  to be unpaid taxes pursuant to section nine hundred one of this chapter,
    50  special ad valorem levy, special assessment or other charge imposed upon
    51  real property by or on behalf of  a  municipal  corporation  or  special
    52  district,  plus  all applicable charges, relating to any parcel which is
    53  included in the return of unpaid delinquent taxes prepared  pursuant  to
    54  section  nine  hundred thirty-six of this chapter or such other general,
    55  special, or local law as may be applicable. In no event, however,  shall
        A. 1236--A                          3
     1  "delinquent  tax"  include  any unpaid tax or other charge against lands
     2  owned by the state.
     3    §  4. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.