[1]
Editor's Note: The name of this Department (formerly "Administration and Finance") was changed 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; and was subsequently changed (formerly "Administration, Finance and Urban Affairs") 12-12-2006 by L.L. No. 18-2006, effective 12-20-2006.
[Amended 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; 12-12-2006 by L.L. No. 18-2006, effective 12-20-2006]
The commissioner of administration, finance, policy and urban affairs shall be the head of the department of administration, finance, policy and urban affairs, and shall act as the budget director to carry out all of the functions, duties and responsibilities as a member of the Buffalo urban renewal agency.
The commissioner shall be appointed by the mayor, subject to confirmation by the council, and shall be removable at the pleasure of the mayor.
The commissioner shall be a graduate from an accredited college or university and have at least five years of experience in the management of fiscal operations, or in supervision and administration, or an equivalent combination of training and experience sufficient to indicate ability to perform the work.
[Amended 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; 12-12-2006 by L.L. No. 18-2006, effective 12-20-2006]
The commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the several divisions of the department and such other duties or powers, as may be conferred upon the commissioner or divisions by law or ordinance. The commissioner shall countersign all checks drawn on the city treasury and shall have custody of all pension and trust funds.
Where under any provision of law any moneys payable to the city are required to be paid directly to any officer or agency of the city, other than the commissioner or his or her designee, or where the commissioner and the comptroller certify that any such moneys may be more conveniently paid directly to such other officer or agency, the commissioner or his or her designee and the comptroller shall prescribe the time, manner and form in which such moneys shall be accounted for and paid.
The Commissioner shall assist the mayor in the formulation of the budget and four-year financial plan submitted to the Buffalo Fiscal Stability Authority (BFSA) if required, and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall participate in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments, boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of the city budget. He or she shall direct, coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning, management, program or project budgets, accounting, auditing, budget control, financial statements, federal reporting, the receipts and disbursements of grants, contract administration involving the system of reporting, monitoring and auditing third-party contracts.
The Commissioner shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the mayor for increasing efficiency at all levels.
The Commissioner shall act as a Senior Policy Advisor to the Mayor and assist the Administration in major policy decisions and shall also oversee Federal and State Government relations, including direct contact with agencies of the State and Federal government, and with elected officials, and works to create both State and Federal legislative agendas; travels to Albany, Washington D.C. and other appropriate locations to advocate on behalf of the City of Buffalo, oversees the activities of the City's lobbyists and initiates legislative recommendations at the local, state and federal level. The Commissioner functions as Liaison to the Buffalo Fiscal Stability Authority (BFSA); attends meetings held by the BFSA and works closely with City departments and agencies regarding relevant BFSA issues. As a senior policy advisor, the Commissioner shall assist the Mayor in implementing improved management efficiency and accountability measures and shall serve as a member of the CitiStat Buffalo review panel.
[Amended 5-21-2004 by L.L. No. 5-2004, effective 6-10-2004; 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; 12-26-2006 by L.L. No. 2-2007, effective 1-17-2007]
There shall be in the department the following divisions:
(a) 
Division of Administration and Finance.
(b) 
Division of parking enforcement.
(c) 
Division of the treasury and collections.
(d) 
Division of purchase.
(e) 
Division of Urban Affairs.
Division of Administration and Finance[1]
[1]
Editor's Note: The name of this Division (formerly "Budget and Management Services") was changed 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; and was subsequently changed (formerly "Division of Urban Affairs") 12-26-2006 by L.L. No. 2-2007, effective 1-17-2007.
[Amended 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; 12-26-2006 by L.L. No. 2-2007, effective 1-17-2007]
The head of the division of administration and finance shall be the director of administration and finance. He or she shall also be a deputy of the commissioner with power to act generally for and in place of the commissioner. He or she shall be a graduate of an accredited college or university and shall have at least three years of supervisory experience in fiscal operations, municipal government administration and/or management research or an equivalent combination of training and experience sufficient to indicate ability to perform the work.
[Amended 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006; 12-26-2006 by L.L. No. 2-2007, effective 1-17-2007]
The director shall assist the mayor in the formulation of the budget and in assembling, correlating and revising the estimates and requests for appropriations of the departments, boards and agencies of the city, and shall assist the commissioner in the investigation, supervision and coordination of the expenditures, and other fiscal operations of such departments, boards and agencies. He or she shall exercise all of the powers and shall perform all of the duties necessary to administer and coordinate the operations of this division. He or she shall direct, coordinate and administer the fiscal management of all federally and state funded programs and any agencies related thereto including financial planning, management, program or project budgets, accounting, auditing, budget control, financial statements, federal reporting, the receipts and disbursements of grants, contract administration involving the system of reporting, monitoring and auditing third-party contracts. The director shall have the power to formulate and conduct special studies on departmental operations, functions or methodology and make recommendations to the commissioner and to the mayor for increasing efficiency at all levels.
Division of Parking Enforcement
The head of the division of parking enforcement shall be the director of parking enforcement, who shall be a deputy commissioner of administration and finance, and shall also be the director of the parking violations bureau. He or she shall be a graduate of an accredited college or university with a bachelor's degree and six years' experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess a master's degree from an accredited college or university and four years experience in the organization or management of a business enterprise or governmental agency, two years of which must have been in a responsible supervisory capacity; or be a graduate of an accredited law school and three years experience in the organization or management of a business enterprise or a governmental agency, two years of which must have been in a responsible supervisory capacity; or possess an equivalent combination of training and experience sufficient to indicate ability to perform the work.
The director of the division of parking enforcement, under the supervision of the commissioner of administration and finance, shall:
(a) 
Supervise, manage and be responsible for the affairs of the division of parking enforcement, which division shall include the following functions:
(i) 
Parking meter operation, which includes installation, maintenance and removal of parking meters, as well as summons issuance;
(ii) 
Fleet operations, including fleet maintenance, towing and storage of impounded vehicles, and auction of unclaimed vehicles; and
(iii) 
Parking violations bureau operations, including: (i) the administrative adjudication of charges related to parking violations and fine/penalty collection, for purposes of establishing and maintaining a comprehensive parking enforcement program; (ii) the administrative adjudication of charges relating to violations of article seven of the agriculture and markets law and of any local law or ordinance relating to the licensing, identification and control of dogs; and (iii) the administrative adjudication of charges relating to violations of certain ordinances relating to streets, sidewalks and sanitation.
(b) 
Direct, coordinate and administer the fiscal management of the division, including financial planning, budget control, financial reports, contract administration, and the remittance of all penalties, fees, or revenues received by the director of the treasury as provided by local ordinance and state law;
(c) 
Be responsible for the development and operation of computerized management information systems to compile, maintain and retrieve complete and accurate records relating to:
(i) 
Towing and storage of impounded vehicles; and
(ii) 
All charges and dispositions of parking violations;
(d) 
Establish and maintain operating policies, standards and procedures for the division and its personnel, including orientation and training programs;
(e) 
Develop and implement parking enforcement programs not inconsistent with the provisions of local ordinances or state laws, including the administration of special towing activities and procedures to identify and process scofflaws;
(f) 
Act as a liaison between the department of administration and finance and other city departments and agencies having a direct or indirect interest in the affairs of the division;
(g) 
Identify on-street parking problems in the city and develop relevant policy responses for the mayor, common council and commissioners of administration and finance and of public works, parks and streets;
(h) 
Cooperate with the board of parking in addressing and developing a comprehensive strategy for on-street and off-street parking throughout the city; and
(i) 
Exercise such other powers and perform such other duties as may be conferred or imposed by the commissioner, or by any provision of this act or by local ordinance or state law.
The city of Buffalo is authorized to enter into agreements, with one or more financing agencies to provide for the acceptance of credit cards (as such term is defined in Section 5 (a)(1) of the general municipal law) as a means of payments of fines. Any such agreement shall govern the terms and conditions upon which a credit proffered as a means of payment of a fine shall be accepted or declined and the manner in and conditions upon which the financing agency shall pay to the city the amount of fines paid by means of credit card pursuant to such agreement. Any such agreement may provide for the payment by the city to such financing agency of fees for the services provided by such financing agency pursuant to such agreement, which fees may consist of a discount deducted from or payable in respect of the amount of each such fine or otherwise as the agreement may provide.
Division of the Treasury and Collections[1]
[1]
Editor's Note: The name of this Division (formerly "Treasury") was changed 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006.
[Amended 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006]
The head of the division of the treasury and collections shall be the director of the treasury and collections. He or she shall be a deputy of the commissioner with power to act generally for and in place of the commissioner.
The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall be a graduate of an accredited college or university and shall have at least three years' experience in banking administration or accounting management, including the oversight of cash or cash equivalent transactions.
[Amended 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006]
The director of the treasury and collections shall have immediate charge of the division of the treasury and collections, the custody of moneys therein and the receipts, deposits and disbursements of city moneys. He or she shall receive on behalf of the commissioner of administration and finance all current and past-due accounts, revenues, water rents and fees, license fees, fines, state moneys presently due and owing to the city and all taxes and assessments, whether presently due or past due, and shall deposit the same daily to the credit of the city in the depositories designated by the comptroller. Provided, however, that the proceeds of the sale of any capital assets, the purchase or improvement of which has been financed by the issuance of bonds having a maximum maturity of not less than five years and to the extent that such obligations, together with interest, are outstanding and unpaid, shall be deposited to the credit of a reserve find which is hereby established for the payment of one or of several issues of bonds and the comptroller shall disburse said find for the payment of such bonds and accrued interest thereon, from time to time, as principal payments and interest thereon become due. The director shall disburse city moneys but only upon warrants or checks prepared and signed by the commissioner or his or her designee as provided in this act. He or she shall keep full, accurate and separate accounts of the various funds and moneys in his custody and shall render to the comptroller at the end of each day's business a detailed statement of all moneys received and paid out by him or her. He or she shall have such other powers and duties as are conferred by this article or by ordinance or general law.
A report shall be promptly made to the director by each officer, department, board and commission or other city agency of all moneys due to the city and of all unliquidated claims as soon as such claims shall become due and owing, together with all particulars in reference to such unliquidated claims.
The director under the supervision of the commissioner shall be charged with the supervision and management of the collection of all moneys and accounts, due and owing to the city which have been billed by a department, agency, division or board of the city and which have not been paid to the city on a timely basis in accordance with the terms of such bill. The director shall immediately proceed with the collection of all such claims reported to him or her. The director shall be entitled to the assistance of the relevant billing department, agency, division or board in enforcing collection of the money or account. He or she shall be entitled to the services of the department of law to institute the necessary court proceedings to aid in such collections. The director shall make recommendation to departments, agencies, divisions and boards of the city regarding billing practices and shall recommend to the council a schedule of fees, charges and penalties in connection with billing, collection and enforcement practices and procedures. He or she shall account for the moneys so collected.
The actual and necessary expenses incurred by a member of the police force, when directed by the mayor, commissioner of police or district attorney of Erie county (a) in serving or executing any process, except for or on account of an offense which a court of special sessions has jurisdiction to hear and determine or (b) in endeavoring to detect or arrest or procure the extradition of any perpetrator of crime against the laws of the state, including the expense of legal counsel without the state, or in furnishing food at station houses to prisoners there detained for offenses which a court of special sessions has not jurisdiction to try, shall be a charge against the county of Erie.
Such charges may be paid in the first instance as other city charges out of an appropriation for such purpose in the budget. The director shall render an account on behalf of the city of such expenses made out in detail and verified by the oath of the person or persons who incurred such expenses to the effect that the sums charged therein have been actually and necessarily paid for the purposes set forth in the last preceding section, to Erie county to be audited and paid as are other county expenses.
The county of Erie is empowered and required from time to time to levy and raise by taxation all money required to pay such charges, and it shall be the duty of said county to pay over to the director the moneys so raised.
The director shall furnish the council, from time to time at its request, with a detailed statement of the exact condition of all funds and moneys in his or her custody and of all the fiscal affairs of the city pertaining to his or her office.
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
There is hereby established a division of purchase within the department of administration and finance. The head of the division of purchase shall be the director of purchase, who shall also be a deputy commissioner of finance and administration and shall act for and generally in place of the commissioner. The director shall be a graduate from an accredited college or university with a bachelor's or master's degree in business administration, accounting or finance and shall have at least five years of responsible experience in procurement and buying procedures and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate ability to perform the work.
(a) 
Rules and lists of standard articles. The director of purchase shall establish from time to time, with the approval of the commissioner of administration and finance, rules consistent with the policies established by the procurement policy board prescribing the conditions and manner under which materials, supplies and equipment shall be purchased by or furnished to the various agencies of the city government. Before such rules and lists are established, the director shall advise, consult and cooperate with the head of each agency of the city which may be affected thereby and request their recommendations. In the event of any disagreement between the director and the head of any agency of the city with respect to such rules or lists, the written direction of the commissioner of administration and finance shall prevail.
(b) 
Standards and specifications. The director of purchase shall, after consultation with the heads of the various city agencies which may be affected, establish from time to time standards and standard specifications for all materials, supplies and equipment so listed as capable of standardization, which must be submitted to and approved by the heads of the various city agencies, and in the event of a disagreement between the director and any such head in respect thereto, the written direction of the commissioner of administration and finance shall prevail.
(c) 
Purchases. The director of purchase shall directly contract for and purchase all materials, supplies and equipment required by any agency of the city, and, where requested by any other city governmental unit, for such city governmental unit, and except in such cases as the director by written rule or order stating the reasons therefor and prescribing conditions for such purchase, authorize the purchase directly by the agency requiring the materials, supplies or equipment. The director of purchase shall establish all terms and conditions of purchase including, without limitation, whether or not to seek bid, performance or maintenance bonds in connection with any project in a manner consistent with policies established by the procurement policy board. The power herein given shall not be construed to include contracts for any work or improvement where materials, supplies or equipment are furnished by the contractor pursuant to the requirements of his contract.
(d) 
Requisitions. All requisitions for materials, supplies and equipment, whether to be purchased by the director of purchase or directly by the agency, upon concurrence of the director of purchase as provided in subsection (c) above, shall be in the form prescribed by the director, shall bear the written approval of the head of the appropriate city agency, shall be filed with him or her, and shall be subject to his or her approval, and if the agency filing such requisition desires that the purchase be made directly by such agency, the requisition shall specify fully the reasons for such request. No requisition shall be honored unless there is to the credit of the agency an available appropriation balance sufficient to pay therefor, the existence of which balance shall be certified by the director of the budget and by the comptroller after a preaudit of such requisition.
(e) 
Charging appropriations. Such purchases shall be charged against and paid from the funds appropriated in the budget for such purpose to the city agency making the requisition, except that if the purchases have been made in advance of the requisition from the city agency, they shall be charged against and paid from the revolving fund of the office of inventories and stores.
(f) 
City-wide services. The director of purchase shall have the power to contract for services to be furnished to the city on an agency-wide basis.
(g) 
Sale of surplus materials. The director of purchase shall be responsible for the sale of all surplus materials, supplies and equipment reported by any city agency, the sale or disposal of such surplus items to be conducted in accordance with applicable provisions of the city ordinances and general law.
(h) 
Testing. The director of purchase shall be responsible for developing procedures for the testing of any products, materials and equipment purchased or to be purchased by the city.
(i) 
Competition. All contracts for the purchase of materials, supplies and equipment, whether made by the director of purchase or directly by the city agency, upon concurrence of the director as provided in subsection (c) above, shall, except as provided in the next section, be awarded to the lowest responsible bidder following competitive sealed bidding. The director of purchase shall, not later than the third business day following the making of the award, mail written notice to all bidders of such award and a copy of the bid upon which the award was made.
(j) 
Small Purchases. Any contract not exceeding $10,000 may be made in accordance with the small purchase procedures authorized herein. Contract requirements shall not be artificially divided so as to constitute a small purchase. Insofar as it is practical for small purchases in excess of $500, no less than three responsible businesses shall be solicited to submit written quotations. Award shall be made to the business offering the lowest acceptable quotation. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and maintained as a public record. The director of purchase shall adopt operational procedures for making small purchases of $500 or less. Such operational procedures shall provide for obtaining adequate and reasonable competition for the supply, service, or material being purchased. Further, such operational procedures shall require the preparation and maintenance of written records adequate to document the competition obtained, properly account for the funds expended, and facilitate an audit of the small purchase made.
(k) 
Review of award. The mayor, the comptroller, and the president of the council shall constitute a board of review of all contracts awarded pursuant to the last preceding subdivision. Within ten days after such award is made, any person conceiving himself aggrieved may appeal from said award to said board of review upon objections stated in writing filed with the director of purchase, and said board of review shall immediately proceed to a review of said award and may, in its discretion, grant a hearing and shall have power and authority to affirm said award or reverse the same and reject all bids and require that new bids be advertised for. Any contract awarded on such new bids shall be subject to like review. In the event of a timely protest hereunder, the director of purchase shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the board of review makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the city.
(l) 
Contracts. If no such appeal is filed within the time stated in the last subdivision, or if the award is affirmed, the director of purchase shall enter into the contract of purchase. The original contract of purchase shall be filed in the division of purchase and a copy thereof immediately filed with the department of audit and control.
(m) 
Delivery. All materials, supplies and equipment purchased shall be delivered at the place or places specified in the contract of purchase, and the director of purchase shall have the right to inspect the same at the time of delivery and to make a final determination as to the specifications, quality and quantity. The head of the city agency or an employee of said agency designated in writing to the director of purchase shall certify in writing to said director the receipt of the goods.
(n) 
Non-compliance. Any purchase order or other contract for the purchase of materials, supplies and equipment which is entered into by any city agency other than in strict compliance with the provisions of this article shall not be enforceable against the city.
The annual budget shall provide a revolving fund for use by the director of purchase when market conditions are favorable for the requisition of materials, supplies and equipment used in large quantities by the several agencies of the city, in anticipation of their needs. Any purchasing through this revolving fund, however, shall be shall be subject to all applicable provisions of the city ordinances and general laws and to the established procedures of the division of purchase. If purchases are made in advance of requisitions from the city agencies pursuant to this section, they shall be charged against and paid from the revolving fund of the office of inventories and stores and any requisition of any city agency thereafter filled from the stock so purchased shall be charged to the appropriate fund of such city agency, and a like credit given to the revolving fund of the office of inventories and stores in an amount determined by the director of purchase as the cost of the materials, supplies and equipment so furnished.
[Amended 1-10-2006 by L.L. No. 7-2006, amended 2-3-2006]
There shall be a procurement policy board consisting of up to seven members, three of whom shall be appointed by the mayor with the consent of the council, two of whom may be appointed by the board of education, and one of whom may be appointed by each of the Buffalo municipal housing authority and the Buffalo sewer authority. Each member shall serve at the pleasure of the appointing official or body, without compensation. Members shall have demonstrated sufficient business or professional experience to discharge the functions of the board. No member shall hold any public office, but each appointee shall be either a representative, designee, or staff member of each public office or public employment. The mayor shall designate the chair. The board shall create policies for procurement of goods and services for the city, including (1) policies designed to encourage cooperative purchasing by the city, the Buffalo city school district, the Buffalo municipal housing authority and the Buffalo sewer authority through the director of purchase, (2) policies with respect to the methods for soliciting bids or proposals and awarding contracts, (3) standards and procedures to be used in determining whether vendors are responsible, and (4) policies governing the manner in which agencies shall administer contracts and oversee the performance of contracts and contractors. The board shall make such recommendations as it deems necessary and proper to the mayor and the council regarding the organization's personnel structure and management of the procurement function including, where appropriate, recommendations for revision of this charter or local laws affecting procurement by the city. The board shall also review the form and content of standardized city contract documents and shall submit to the law department recommendations for standardization and simplification of contract language. The board shall not exercise authority with respect to award or administration of any particular contract or with respect to any dispute, claim or litigation pertaining thereto.
The head of the office of inventories, garages and stores shall be the deputy director of purchase for inventories and stores, who shall report to the director of purchase. The deputy director shall have at least three years of responsible experience in inventory controls, or an equivalent combination of education and experience sufficient to indicate ability to perform his or her duties.
The deputy director of inventories and stores shall be charged with and exercise all the following duties and powers:
(a) 
Operate and control all printing and duplicating services within the city government.
(b) 
Maintain and control inventories to be drawn upon by city agencies of their needs, including any necessary warehousing and storage.
(c) 
Have direct supervision over a revolving fund used for the purchase of inventories.
(d) 
Be responsible for normal billing procedures to the city agencies using supplies and equipment from such inventories.
(e) 
Develop and administer messenger and mail service within and between city-owned buildings and facilities.
Warehouses may be established and maintained for the storage of materials, supplies and equipment purchased pending its use, which warehouses shall be under the control and management of the deputy director of inventories and stores.
After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the director of purchase, after consulting with the corporation counsel, is authorized to debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than three years. After consultation with the corporation counsel, the director of purchase is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall be for a period not to exceed three months. The causes for debarment include:
(a) 
conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(b) 
conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor;
(c) 
conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(d) 
violation of contract provisions, as set forth below, of a character which is regarded by the director of purchase to be so serious as to justify debarment action:
(i) 
deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(ii) 
a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;
(e) 
any other cause the director of purchase determines to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this charter; and
(f) 
for violation of the ethical standards set forth in the code of ethics or knowing participation in a transaction which violates the code of ethics.
The director of purchase shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of its rights concerning judicial or administrative review.
A copy of the decision required by section 10-35 (Decision to Debar or Suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person.
A decision under section 10-35 (Decision to Debar or Suspend) shall be final and conclusive, unless the debarred or suspended person within 10 days after receipt of the decision takes an appeal to the board of review established pursuant to section 10-27(k) above.
No employee of the division of purchase shall solicit, receive or participate in the arrangement of any political contribution by any person who has sold within the past twelve months or proposes to sell goods or services to the city or any of its agencies.[1]
Division of Urban Affairs
[Added 12-26-2006 by L.L. No. 2-2007, effective 1-17-2007]
[1]
Editor's Note: Former §§ 10-39 through 10-42, regarding the Division of Collections, which immediately followed, were repealed 12-30-2005 by L.L. No. 3-2006, effective 1-9-2006.
The head of the division of urban affairs shall be the director of urban affairs. The director shall be appointed by the commissioner and shall be removable at his or her pleasure. The director shall have at least five years of responsible experience in public administration, intergovernmental and intra-governmental policy and operation and with at least three years of supervisory experience or an equivalent combination of training and experience sufficient to indicate the ability to perform the duties of the position.
The director of urban affairs shall have immediate charge of the division of urban affairs, and shall be responsible for the following:
(a) 
Initiate, develop, prepare, coordinate and/or assist others in the development and preparation of applications to solicit public or private grants, with the objectives of obtaining additional resources for more efficient and economical provisions of governmental services. The director shall also be responsible for researching grant opportunities from both public and private venues, and provide periodic reports on the status of all grants by department and division.
(b) 
Review in conjunction with the commissioner of administration and finance, and representatives of the mayor's office, the operation of city departments and other agencies for the purpose of identifying services that may be improved after careful analysis of existing procedures. The director shall be responsible for reporting monthly or in an otherwise appropriate time period the results of the departmental review and suggestions for potential improvement.
(c) 
Conduct research to identify areas of city services that may be improved by incorporating best practices, programs or projects from other municipalities or governments, and provide for the distribution of information resulting from such research.
(d) 
Exercise such other powers and perform such other duties as may be conferred upon the director of urban affairs by the mayor or the commissioner of administration and finance for research on special projects with the objective of improving administration of city services or practices.
(e) 
Prepare an annual report or at an otherwise determined time period, identifying opportunities, and reviewing progress in realizing current and previously identified opportunities.
Hotel or Motel Occupancy Tax Law
[Added 7-22-2025 by L.L. No. 3-2025, effective 9-1-2025]
This article shall be known as the "City of Buffalo Hotel or Motel Occupancy Tax Law."
The intent of this article is to adopt a local law in accordance with New York State Tax Law Article 29 § 1202-kk, entitled Hotel or Motel Taxes in the city of Buffalo, authorizing the imposition of a tax on the occupancy of hotel and motel rooms to enhance the general economy through promotion of tourist activities, conventions, trade shows, special events and other directly related and supporting activities.
As used in this article, the following terms shall have the meanings indicated:
BOOKING SERVICE
A person or entity who, directly or indirectly:
1) 
Pursuant to an agreement with an operator or operators, facilitates the occupancy of a hotel or motel for such operator or operators. A person "facilitates the occupancy of a hotel or motel for purposes of this paragraph when the person meets both of the following conditions: (A) such person provides the forum in which, or by means of which, the sale of the occupancy takes place or the offer of such sale is accepted, including a shop, store, or booth, an internet website, mobile device application, catalog, or similar forum; and (B) such person or an affiliate of such person collects the rent paid by a customer to an operator for the occupancy of a short term rental unit, or contracts with a third party to collect such rent.
2) 
For the purposes of this article, the term "booking service" shall not include a "room remarketer" as defined in this article. For purposes of this paragraph, persons are affiliated if one person has an ownership interest of more than 5%, whether direct or indirect, in another, or where an ownership interest of more than 5%, whether direct or indirect, is held in each of such persons by another person or by a group of other persons that are affiliated persons with respect to each other.
COMMISSIONER
The City of Buffalo Commissioner of Administration, Finance, Policy & Urban Affairs.
EXEMPT ENTITY
A government, corporation, or association exempt from taxation under section 10-46 of this article.
HOTEL OR MOTEL
Any facility consisting of rentable units and providing lodging on an overnight basis and shall include those facilities designated and commonly known as "short-term rental", "bed and breakfast" and "tourist" facilities.
OCCUPANCY
The use or possession, or the right to the use or possession, of any room in a hotel or motel. "Right to the use or possession" includes the rights of a room remarketer as described in this article.
OCCUPANT
A person who, for consideration, uses, possesses, or has the right to use or possess, any room in a hotel or motel unit under any lease, concession, permit, right of access, license to use or other agreement, or otherwise. "Right to use or possess" includes the rights of a room remarketer as described in this article.
OPERATOR
Any person operating a hotel or motel rental unit. Such term shall include a room remarketer and such room remarketer shall be deemed to operate a hotel or motel, or portion thereof, with respect to which such person has the rights of a room remarketer.
PERMANENT RESIDENT
A person occupying any room or rooms in a hotel or motel for at least 90 consecutive days shall be considered a permanent resident with regard to the period of such occupancy.
PERSON
An individual, partnership, society, association, joint-stock company, corporation, estate, receiver, trustee, assignee, referee and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of the foregoing.
PUBLIC REALM
All exterior places, linkages, and built form elements that are physically accessible regardless of ownership. The public realm includes, but is not limited to, rights-of-way, greens, squares, plazas, courtyards, paths, sidewalks, and transit stations.
RENT
The consideration received for occupancy, including any service or other charge or amount required to be paid as a condition for occupancy, valued in money, whether received in money or otherwise and whether collected by a booking service, operator, or a room remarketer or another person on behalf of them.
RETURN
Any return filed or required to be filed as herein provided.
ROOM
Any room or rooms of any kind in any part or portion of a hotel or motel, which is available for or let out for any purpose other than a place of assembly.
ROOM REMARKETER
A person who reserves, arranges for, conveys, or furnishes occupancy, whether directly or indirectly, to an occupant for rent in a hotel for an amount determined by the room remarketer, directly or indirectly, whether pursuant to a written or other agreement. Such person's ability or authority to reserve, arrange for, convey, or furnish occupancy, directly or indirectly, and to determine rent therefor, shall be the "rights of a room remarketer". A room remarketer is not a permanent resident with respect to a room for which such person has the rights of a room remarketer.
SHORT-TERM RENTAL
A building or portion of it that is used for the lodging of guests. The term "short term rental unit" includes a house, an apartment, a cabin, a cottage, a bungalow, or a similar furnished living unit, or one or more rooms therein, where sleeping accommodations are provided for the lodging of paying occupants, the typical occupants are transients or travelers, and the relationship between the operator and occupant is not that of a landlord and tenant.
A. 
Except as otherwise provided by this article, on or after the effective date of this local law, there is hereby imposed and there shall be paid a tax of 3% of the per diem rental rate upon the rent for every occupancy of a room or rooms in the city.
B. 
The tax imposed upon the per diem rental rate for each room shall exclude such other charges that are separately stated and are only incurred at the option of the occupant.
C. 
If the operator does not separate the per diem rental rate for each room from other charges, excluding cleaning fees and booking service fees, then the entire charge to the occupant is taxable.
D. 
No tax shall be imposed upon a permanent resident or an organization identified in section 10-46 of this article.
The tax imposed by this article shall be paid upon any occupancy on and after the first day of September in the year 2025 except for any such occupancy reserved pursuant to a contract, lease, or other arrangement made prior to such date. Where any rent or charge is paid or payable on a weekly, monthly, or other term, the rent or charge shall be subject to the tax imposed by this article to the extent that it covers any period on and after the effective of this local law.
A. 
This article shall not authorize the imposition of such tax upon any transactions by or with any of the following in accordance with § 1230 of the Tax Law:
1) 
The State of New York or any public corporation (including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada), improvement district or other political subdivision of the state.
2) 
The United States of America, insofar as it is immune from taxation.
3) 
Any corporation or association, or trust, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, or for the prevention of cruelty to children or animals, and no part of the net earnings of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; provided, however, that nothing in this subdivision shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this subdivision.
B. 
The hotel operator shall submit such written proof as may be required to show that the use or occupancy falls within the afore-described exempt categories. In the absence of such documentation, the tax must be collected by the operator.
A. 
The tax imposed by this article shall be administered and collected by the Commissioner by such means and in such manner as are other taxes which are now administered and collected by such officers, or as otherwise provided by this article.
B. 
The tax to be collected shall be stated and charged separately from the rent and shown separately on any record thereof at the time when the reservation for occupancy is contracted or contracted and charged for, and upon every evidence of occupancy or any bill, statement or charge made for said occupancy issued or delivered by the operator or booking service. The tax shall be paid by the occupant to the operator or booking service on account of the City and that such operator or booking service entitled to be paid the rent or charge shall be liable for the collection and payment of the tax. Such operator or booking service entitled to be paid the rent or charge shall have the same right with respect to collecting the tax from the occupant of the hotel or motel, or in respect to nonpayment of the tax by the occupant of the hotel or motel, as if the tax were a part of the rent or charge and payable at the same time as the rent or charge; provided, however, that the Commissioner shall be joined as a party in any action or proceeding brought to collect the tax by the operator or booking service or by the person entitled to be paid the rent or charge.
A. 
The operator or booking service or such other person entitled to be paid the rent or charge shall file returns and pay directly to the Commissioner the tax herein imposed.
B. 
Every operator or booking service shall pay directly to the Commissioner the tax herein imposed and file with the Commissioner a return of occupancy, of rents, and of taxes payable thereon for the periods ending February 28, May 31, August 31, and November 30 of each year, on and after the first day of September, 2025. Such taxes shall be paid and returns shall be filed within 20 days from the expiration of the period covered thereby.
C. 
The Commissioner may permit or require returns to be made by other periods and upon such other dates as may be specified.
A. 
Every operator or booking service shall keep records of every occupancy, of all rent paid, charged, or due, and of the tax payable thereon, in such form as the Commissioner may prescribe. Such records shall be available for inspection and examination at any time upon demand by the Commissioner or their designee and shall be preserved for a period of six years, except that the Commissioner may consent to their destruction within that period or may require that they be kept longer.
B. 
The form of returns shall be prescribed by the Commissioner and shall contain such information as may be deemed necessary for the proper administration of this article. The Commissioner may require amended returns to be filed within 20 days after notice and to contain the information specified in the notice.
C. 
If a return required by this article is not filed, or a return when filed is incorrect or insufficient on its face, the Commissioner shall take the necessary steps to enforce the filing of such a return or of a corrected return.
A. 
At the time of filing a return of occupancy and of rents, each operator or booking service shall pay to the Commissioner the taxes imposed by this article upon rents required to be included in such return, as well as all other monies collected by the operator or booking service acting or purporting to act under the provisions of this article.
B. 
Any operator or booking service with respect to every occupancy of hotel or motel it facilitates, shall properly collect and remit the tax imposed, collected, or required to be collected under this article.
A. 
The Commissioner shall authorize a refund or credit, without interest, of any tax, penalty or interest paid upon a determination by the Commissioner that such tax was erroneously, illegally or unconstitutionally collected. The application for such refund or credit shall been made in writing to the Commissioner within one year from the payment thereof. Whenever the Commissioner authorizes a refund or credit, the determination shall be stated in writing. Such application may be made by the occupant, operator, or booking service who has actually paid the tax.
B. 
An application for a refund or credit may be made by an operator or booking service who has collected and paid over such tax to the Commissioner provided that the application is made within one year from the payment by the occupant to the operator or booking service, but no actual refund of moneys or credit shall be made to such operator or booking service until it shall first be established to the satisfaction of the Commissioner, that the occupant has been repaid in the amount for which the application was made. The Commissioner may, in lieu of any refund, allow credit therefore on payments due from the operator or booking service.
C. 
An application for a refund or credit made as provided herein shall be deemed an application for a revision of any tax, penalty, or interest complained of and the Commissioner may receive and request evidence with respect thereto.
Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality, unconstitutionality, or any other reason whatsoever by proceeding under Article 78 of the Civil Practice Law and Rules if application thereof is made to the Supreme Court within 30 days after the giving of the notice of such final determination, provided, however, that any such proceeding under Article 78 of the Civil Practice Law and Rules shall not be instituted unless:
A. 
The amount of any tax sought to be reviewed with such penalties and interest thereon, if any, as may be provided for herein shall be first deposited and there is filed an undertaking, issued by a surety company authorized to transact business in this state, and approved by the Superintendent of Financial Services of this state as to solvency and responsibility, in such amount as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all charges and costs which may accrue in the prosecution of the proceeding, or
B. 
At the option of the petitioner, such undertaking may be in a sum sufficient to cover the taxes, penalties, and interests stated in such determination plus the costs and charges which may accrue against it in the prosecution of the proceeding, in which event, the petitioner shall not be required to pay such taxes, penalties and interest as a condition precedent to the application.
A. 
Any operator or booking service failing to file a return or to pay over any tax to the Commissioner within the time required by this article shall be subject to a penalty of 5% of the amount of tax due, plus interest at the rate of 1 1/2% of such tax for each month of delay, except the first month after such return was required to be filed or such tax became due. Such penalties and interest shall be paid and disposed of in the same manner as other revenues from this article.
B. 
Any operator or booking service failing to charge the required tax per occupancy shall, in addition to the penalties herein or elsewhere prescribed, be subject to a penalty of $1,500 per occupancy per day of occupancy. Such penalties and interest shall be paid and disposed of in the same manner as other revenues from this article.
C. 
Any operator or booking service or any agent or officer of a corporate operator or corporate booking service shall, in addition to the penalties herein or elsewhere prescribed, be guilty of a misdemeanor, punishable under New York State Penal Law § 175.30 when knowing that a written instrument contains a false statement or false information, offers or presents it to the City with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of the City.
D. 
Any operator or booking service or any agent or officer of a corporate operator or corporate booking service shall, in addition to the penalties herein or elsewhere prescribed, be guilty of a felony, punishable under New York State Penal Law § 175.35 when knowing that a written instrument contains a false statement or false information, and with intent to defraud the City, he or she offers or presents it to City with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of the City.
All revenues resulting from the imposition of the tax under this article shall be paid into the treasury of the City of Buffalo and shall be credited to and deposited in the general fund of the City. Such funds shall be used as follows:
(1) 
25% of such revenue from this tax shall be allocated to support organizations dedicated to maintenance of the city-owned public realm and city-owned parking facilities in downtown as well as public safety initiatives undertaken by the Buffalo Police Department and other organizations in downtown; and
(2) 
75% shall be allocated for capital improvements to city-owned cultural facilities citywide, the city-owned public realm in downtown, and city-owned professional sporting venues.
In addition to the powers granted in this article, the Commissioner is hereby authorized and empowered to:
A. 
Extend for cause shown, the time of filing any return for a period not exceeding 30 days; and for cause shown, to remit penalties but not interest; and to compromise disputed claims in connection with the taxes hereby imposed.
B. 
Request information from the Tax Commission of the State of New York or the Treasury Department of the United States relative to any person; and to afford information to such Tax Commission or Treasury Department relative to any person, notwithstanding any other provision of this article.
C. 
Prescribe methods for confirming the rents for occupancy and to confirm the accuracy of information on the taxable and non-taxable rents.
D. 
Require any operator or booking service operating within the City, if it is determined that adequate records are not being maintained, to keep detailed records of the nature and type of hotel or motel maintained; nature and type of service rendered; number of rooms available and occupied; daily leases, occupancy contracts or arrangements; rents received, charged, and accrued; the names and addresses of the occupants; whether or not any occupancy is claimed to be subject to the tax imposed by this article; and to furnish such information at the request of the Commissioner.
A. 
The Comptroller or the Comptroller's duly authorized employees or agents shall have power to administer oaths and take affidavits in relation to any matter or proceeding in the exercise of their powers and duties conferred by Chapter 7 of this charter. The Comptroller shall have power to subpoena and require the attendance of witnesses and the production of books, papers and documents to secure information pertinent to the enforcement of this article and to examine them in relation thereto.
(1) 
The Comptroller may assess all costs arising from the audit of any operator or booking service, operating within the city, books, papers and documents to secure information pertinent to the enforcement of this article and to examine them in relation thereto.
B. 
A Justice of the Supreme Court of Erie County either in court or at chambers shall have power to summarily enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and documents called for by the subpoena of the Comptroller under this article.
C. 
Any person who shall refuse to testify or to produce books or records or who shall testify falsely in any material matter pending before the Comptroller under this article shall be guilty of a misdemeanor, punishment for which shall be a fine of not more than $5,000 or imprisonment for not more than one year, or both such fine and imprisonment.
D. 
The witnesses attending in response to a summons or subpoena of the Comptroller shall be entitled to the same fees as are allowed to witnesses in civil cases in courts of record, except as herein otherwise provided.
A. 
Whenever reference is made in placards, promotion, publication or other form of public-facing signage or advertisement to the tax imposed by this article, such reference shall be substantially in the following form: "City of Buffalo hotel or motel tax."
B. 
Whenever reference is made in any bill, receipt, statement or other evidence or memorandum of occupancy or rent charge issued or employed by the operator or booking service to the tax imposed by this article, the phrase "Buffalo hotel or motel tax" will suffice.
A. 
Any notice authorized or required hereunder may be given by mailing the same to the operator or booking service in a postpaid envelope via United States Postal Service. Mailing of such notice shall be presumptive evidence of the receipt of same by the person to whom it is addressed. Any period of time which is determined according to the provisions of this article by the giving of notice shall commence to run from the date of mailing of such notice.
B. 
Except in the case of a willfully false or fraudulent return with intent to evade the tax, no assessment of additional tax shall be made after the expiration of more than three years from the date of the filing of a return, provided, however, that where no return has been filed as provided by law the tax may be assessed at any time.
C. 
Where a taxpayer has consented, in writing, before the expiration of the period prescribed herein for the assessment of an additional tax, that such period be extended, the amount of such additional tax due may be determined at any time within the extended period. The period so extended may be further extended by subsequent consent, in writing, made before the expiration of the extended period.