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 by L.L. No. 1-1998 (Ch. 241, § 241-3, of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Taxation — See Ch. 306.
The following terms have the following meanings within the context of this chapter:
DELINQUENT
Has the meaning set forth in § 1102 of the Real Property Tax Law.
RECORD OWNER
The person(s) who, as evidenced by the real property records of the Clinton County Clerk, was the record owner(s) of the tax foreclosed property on the lien date. If title to the tax foreclosed property was jointly held or in a partnership or corporation on the lien date, and after the lien date title was transferred to a joint owner, or a person who on the lien date owned more than 51% of the partnership interests or outstanding shares in the corporation, such transferee shall be considered a record owner.
PERSON
Has the meaning set forth in § 1102 of the Real Property Tax Law.
TAX LIEN DATE
Has the meaning set forth in § 1102 of the Real Property Tax Law.
TAX-FORECLOSED PROPERTY
Real property where title has passed to the City of Plattsburgh by virtue of nonpayment of real property taxes and other charges levied against the property.
The Common Council may retain title to tax foreclosed property for public use.
The Common Council may by resolution authorize the sale of tax foreclosed property at public auction to the highest bidder, provided, the Common Council shall reserve the right to reject any and all bids.
The Common Council may by resolution authorize the private sale of tax foreclosed property on the following conditions:
A. 
Tax foreclosed property may be listed for sale with a licensed real estate broker. A preference may be given to brokers whose principal place of business is located in the City of Plattsburgh.
B. 
Tax foreclosed property may be sold directly to any person provided the property is advertised for sale in the official newspaper of the City of Plattsburgh not less than three times over 10 consecutive days prior to the City's acceptance of an offer to purchase. Such advertisement is not required to be published in the legal notice section of the newspaper.
C. 
Tax foreclosed property shall not be offered for sale for less than its assessed value unless the City obtains an appraisal report establishing a lower value that is approved by the City Assessor as a reliable indicator of market value.
D. 
All purchase offers shall be accepted by resolution of the Common Council. The Common Council may not accept an offer to purchase property for a price that is less than the price determined pursuant to Subsection C, except by the affirmative vote of five Council members.
E. 
Title to tax foreclosed property shall be conveyed by quit claim deed.
F. 
The resolution of the Common Council authorizing the sale of such property, or accepting an offer to purchase such property may include such other terms and conditions as the Common Council deems appropriate.
The Common Council may by ordinance authorize the sale of tax foreclosed property to the record owner on the following conditions:
A. 
A record owner requesting to purchase tax foreclosed property shall pay a nonrefundable fee in an amount determined by the Common Council to be sufficient to pay the cost of staff time and expenses incurred in processing the purchase request.
B. 
The purchase price shall be equal to:
(1) 
The amount of unpaid real property taxes, penalties, interest and costs levied against the property;
(2) 
The amount of any grant or loan made by the City to improve the property which is in default, together with interest, costs or expenses incurred as provided in the grant or loan agreement;
(3) 
The amount of any delinquent electric utility, water and sewer, or refuse bill on any account with the City in the name of the record owner;
(4) 
Legal costs or expenses incurred by the City in connection with the foreclosure of a tax lien on the property or a conveyance by the City to the owner.
C. 
The purchase price shall be paid in bank certified funds within 90 days of approval of the sale by ordinance of the Common Council.
D. 
Tax foreclosed property may be sold on such other terms and conditions as the Common Council determines.