Provides that a civil penalty arising from a violation related to the condition or use of real property, which is assessed, levied, or results from a prosecution by a municipality, may be applied against the property at which the violation is found.
STATE OF NEW YORK
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9256
IN ASSEMBLY
February 22, 2024
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Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to civil penal-
ties and fines related to conditions or uses of land
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new arti-
2 cle 7-B to read as follows:
3 ARTICLE 7-B
4 CIVIL PENALTIES AND FINES RELATED TO CONDITIONS OR USES OF LAND
5 Section 150. In rem civil penalties and fines.
6 § 150. In rem civil penalties and fines. 1. Any civil penalty arising
7 from a violation related to the condition or use of real property, which
8 civil penalty is assessed, levied, or results from a prosecution by a
9 municipality, may by declaration of the court or administrative tribunal
10 adjudicating the civil penalty, in its determination or judgment assert-
11 ing such penalty, declare that the penalty may be applied against the
12 property at which the violation is found, in rem, jointly and severally
13 with any other person or entity liable for the penalty. Where the civil
14 penalty is applied in rem, the owner of the property must be a party to
15 the proceeding adjudicating or assessing the civil penalty.
16 2. In addition to any other means of enforcement or collection of the
17 civil penalty, any such civil penalty declared against a property may be
18 enforced against the property in rem in an action against the property
19 in the manner of collecting a debt; or in the alternative, be added to
20 the tax levy of the property in the year following the adjudication of
21 the fine.
22 3. In any case where a town or village or other local government enti-
23 ty has been credited for unpaid delinquent taxes by the county, pursuant
24 to section nine hundred thirty-six of the real property tax law, for any
25 amount that includes a civil penalty, and such civil penalty is subse-
26 quently deemed invalid in whole or in part for any reason, then the
27 principal amount of the civil penalty deemed to be invalid, plus such
28 interest and penalties as may have accrued on such principal amount,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13775-01-3
A. 9256 2
1 will be a charge by the county against the municipality or other local
2 government entity.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.