City of Plattsburgh, NY
Clinton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Plattsburgh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sale of tax-foreclosed property — See Ch. 310.
[Adopted by L.L. No. 1-1990; amended in its entirety by L.L. No. 6-2008 (Ch. 241, § 241-1, of the 1989 Code)]
As used in this chapter, the following terms shall have the following meanings:
REAL PROPERTY
Fee title, easements and other interests in real property that may be granted or conveyed by the owner of the fee title.
REAL PROPERTY TAKEN BY TAX SALE
Any real property within the City of Plattsburgh which, as a result of nonpayment of taxes, has been conveyed indefeasibly to the City of Plattsburgh.
The Common Council of the City of Plattsburgh may by resolution establish such criterion as it deems in the best interest of the people of the City of Plattsburgh for the disposal of parcels of real property owned by the City as a result of title having been acquired through a tax sale. The Council may make such transfers for consideration or without consideration on such terms as it deems proper. (See Chapter 310, Sale of Tax-Foreclosed Property.)
The Common Council of the City of Plattsburgh may by resolution establish such criterion as it deems in the best interest of the people of the City of Plattsburgh for the disposal of real property owned by the City. Such resolution shall include the following findings:
A. 
The property is not park, recreation or other property that is inalienable under the New York Constitution.
B. 
The property is surplus property in that it is not needed for a public purpose, now or in the foreseeable future.
C. 
The consideration to be paid or given by the person acquiring the property is fair and reasonable and the transfer does not constitute an unconstitutional gift of public property. In determining whether the consideration is fair and reasonable, the Common Council may consider the following:
(1) 
The cost savings the City will realize by not having to maintain the property.
(2) 
The value of improvements and maintenance to the property made by the person to whom the property is conveyed, or his predecessor in title.
D. 
The Council may make such transfers for consideration or without consideration on such terms as it deems proper, only upon a 3/4 majority vote of all of the members of the Common Council.
E. 
The authority to dispose of City-owned property under this chapter is not exclusive, but in addition to, the authority given under state law and other City laws.
[Adopted by L.L. No. 4-1992; amended in its entirety by L.L. No. 3-1993 (Ch. 241, § 241-2, of the 1989 Code)]
As used in this article, the following terms shall have the meanings indicated:
PROPERTY
Lands, buildings, space within buildings, fixtures, and equipment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Property which the Common Council finds has a fair market rental value of not more than $5,000 per year and is not offered for lease for a term in excess of three years may be leased in accordance with the following procedures:
A. 
The Common Council shall adopt a resolution which finds:
(1) 
The property is not needed for a public-purpose during the proposed lease term.
(2) 
The fair market rental value of the land or building is estimated to be not more than $5,000 per year, exclusive of the cost of utilities, maintenance and other expenses required to be paid by the tenant.
(3) 
The proposed lease term will not exceed three years.
(4) 
That sufficient notice of the availability of the property for lease has been given to the public by a newspaper article, or a news story broadcast on radio or television, or by mailing notice to persons in Clinton County who may be interested in leasing the property.
(5) 
And that:
(a) 
Either the proposed lessee is the only person known to be interested in leasing the property; or
(b) 
If other persons have expressed interest, that the proposed lessee has made the best offer to lease the property, considering: rent, tenant improvements, compatibility of intended use of the premises with nearby uses and City objectives, tenant experience in successfully operating businesses engaged in similar uses.
B. 
Upon making the above findings, the Common Council may by resolution approve the lease of such property on such terms as it deems advisable.
Property which the Common Council finds has a fair market rental value in excess of $5,000 per year, or property offered for lease for a term in excess of three years, shall be leased in accordance with the following procedures:
A. 
The Common Council shall find that the property is not needed for a public purpose during the proposed lease term.
B. 
A summary of the proposed lease terms shall be published for two days in any ten-day period not less than 15 nor more than 30 days before the date set for receiving offers to lease. Such summary shall include a description of the leased property, the minimum rent, the maximum lease term, and such other terms and conditions the Common Council may find advisable to include in such notice. Such notice shall also include the date, time and place of a public auction at which offers to lease shall be accepted.
C. 
Offers to lease the property shall be accepted at a public auction. Sealed bids may be submitted prior to the commencement of the auction and shall be opened and read aloud before asking for bids from those present at the auction.
D. 
The Common Council shall have the right to reject all bids received, but when the Council determines to accept a bid it shall accept the bid of the highest responsible bidder. Notice of acceptance of a bid shall be sent within 30 days of the date of the auction.