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A06528 Summary:

BILL NO    A06528 

SAME AS    SAME AS S04229

SPONSOR    Ryan

COSPNSR    

MLTSPNSR   

Add S905, RPT L

Authorizes the city of Buffalo to treat unpaid fines for building code,
property maintenance and nuisance violations as unpaid real property taxes and
to impose a tax lien therefor.
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A06528 Memo:

BILL NUMBER:A6528

TITLE OF BILL:

An act to amend the real property tax law, in relation to authorizing
the city of Buffalo to treat unpaid building code, property
maintenance and nuisance fines as delinquent taxes and impose tax
liens upon the real property which is the subject of such fines

PURPOSE:

To allow the City of Buffalo to deem finally adjudicated fines imposed
upon real property for building code, property maintenance and
nuisance violations as delinquent taxes.

SUMMARY OF PROVISIONS:

Section 1: Authorizes the City of Buffalo to include certain fines in
the tax levy, by deeming adjudicated fines imposed upon real property
for building code, property maintenance and nuisance violations as
delinquent taxes. Exempts the City of Buffalo from any provision of
law to the contrary.

Subdivision 2: Provides that every such local law, ordinance and
resolution shall establish a procedure for the judicial determination
and adjudication. Guarantees the right to appeal after being adjudged
to have committed a violation.

Subdivision 3: Provides that the City of Buffalo shall provide a
written notice to each affected property owner not less than ten days
to the occurrence of any action by the City of Buffalo related to the
provisions of the section.

Subdivision 4: States that the City of Buffalo may only declare such
fine and any expenses incurred in adjudicating such fine not less than
one year after the final adjudication and exhaustion of all appeal
relating to the imposition of the fine.

Subdivision 5: Sets forth a process by which the collected fines shall
be managed.

Section 2 specifies that this legislation shall take effect on the
first of January

EXISTING LAW:

None

JUSTIFICATION:

The purpose of this legislation is to hold property owners who do not
reside in a property that has been cited by a municipality for
building code, property maintenance, and nuisance violations
accountable. Often colloquially referred to as "slumlords", these
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 across New York State, negatively impacting quality of
life and property values for nearby residents. By authorizing the City
of Buffalo to pass local laws allowing for unpaid fines to be included
as a tax lien on the property, property owners will be forced to pay
the fines or risk the property being foreclosed upon.

FISCAL IMPLICATIONS:

None to the state. Positive for the City of Buffalo.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall become a law.
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