Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 5-4-2004 by L.L. No. 13-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Receiver of Taxes — See Ch. 53.
Building construction — See Ch. 89.
Taxation — See Ch. 195.

§ 157-1 Legislative intent.

The Town Board of the Town of Babylon finds that some of its citizens have been misled by exaggerated claims or failure to provide adequate or sufficient information on the part of some subdividers or their agents, employees or sales agents with respect to estimated taxes with regard to homes situated in subdivisions and the school district in which the property is located. It is the intent of this chapter to correct the aforesaid abuses, to provide a guide for the majority of the subdividers within the Town who deal with the public on a high plane of business integrity and to provide adequate and sufficient information so that a prospective home buyer in this Town can make an informed and intelligent decision.

§ 157-2 Scope.

This chapter shall apply to any person who offers new homes for sale or contracts for the construction of residential homes on real property owned by him or in which he has a beneficial interest wherein such sales are made from a model house and/or from a set of standardized plans used by such person. For the purposes of this chapter, the term "person" shall be intended to include a person, partnership, corporation or any other form of legal entity, its agents and employees.

§ 157-3 Posting.

All persons coming within the provisions of § 157-2 of this chapter shall conspicuously post in every model house authorized to be constructed by the Town of Babylon or in their sales office located within the Town of Babylon, or both, at least one notice containing the information required by § 157-4 of this chapter. Such notice shall be uniform in size, form and texture and shall be issued by the Assessor.

§ 157-4 Required information.

Each notice shall contain the following information:
A. 
Current tax rate for county, town, special district or school taxes. The notice shall contain a statement that such tax rate is subject to change in any given tax year. The tax rate shall be the tax rate for the area in which the real property is located or offered for sale, and, in the event that the real property is located or offered for sale in more than one school district or special district, a separate notice shall be posted for each such separate school district or special district containing the information required by this subsection.
B. 
The estimated assessed valuation of the model house or the house as offered on the plans and specifications, as approximated by the Assessor of the Town of Babylon, with increments and deductions indicated for various standardized options and deviations from the basic mode. The estimated assessed valuation shall be the estimated assessed valuation for the area in which the real property is located or offered for sale, and, in the event that the real property is located or offered for sale in more than one school district or special district, a separate notice shall be posted for each separate school district or special district containing the information required by this subsection.
C. 
The estimated county, town, special district and school tax for the model house or the house as offered on the plans and specifications, as approximated by the Assessor, with increments and deductions indicated for various standardized options and deviations from the basic mode. The estimated county, town, special district and school tax shall be the estimated county, town, special district and school tax for the area in which the real property is located or offered for sale, and, in the event that the real property is located or offered for sale in more than one school district or special district, a separate notice shall be posted for each separate school district or special district containing the information required by this subsection.
D. 
The notice shall contain a statement to the effect that information as to the estimated assessed valuation for the model house with increments and deductions for other than standardized options and deviations will be available in the office of the Assessor upon request and submission of a plan thereof.
E. 
The designation of the school district within which the real property lies.

§ 157-5 Current tax rate.

Within one month following the beginning of any given tax year, the subdivider shall post a notice as required by § 157-3 herein containing all information as based upon the tax rate for county, town, special district and school district taxes.

§ 157-6 Statement upon issuance of certificate of occupancy.

There shall be attached to every certificate of occupancy or certificate of compliance issued by the Building Department of the Town of Babylon for all assessable residential structures a statement prepared by the Assessor of the Town of Babylon setting forth the current tax rate for county, town, special district and school taxes for the area in which the structure is located; the estimated valuation of such structure; and the estimated county, town, special district and school taxes for each such structure. Such statement shall indicate the dates when the tax year begins and ends and that the tax rate may change during any future tax year. Such statement shall be available in the office of the Assessor of the Town of Babylon upon request and the payment of a fee of $100 for construction costs of $10,000 and over and $50 for construction costs under $10,000, payable to the Building Official at the time of building permit application.

§ 157-7 Penalties for offenses.

It shall be unlawful for any person, within the provisions of this chapter, to fail to post the notice as required by § 157-3 hereof, to change any of the information contained on the notice or to fail to post a notice as required by § 157-5 hereof. The Building Inspector shall enforce the provisions of this chapter and, from time to time, shall cause inspections to be made of model houses in order to determine that notices are posted in conformance with this chapter. A violation of this chapter shall be a violation punishable by a fine of not more than $500 for the first such violation and in a sum not exceeding $1,000 for any subsequent violation; said penalties to be recoverable in a civil action in the name of the Town of Babylon as damages. Each day that a violation continues shall be deemed a separate offense. Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person convicted thereof.

§ 157-8 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State of the State of New York.