[Adopted 3-20-2003 by L.L. No. 4-2003]
The purpose of this article is to establish
the policy and procedures in the County of Sullivan for the sale of
parcels of real property no longer needed for County purposes in lieu
of County Law § 215.
When used in this article, the following definitions
apply:
ASSESSED VALUE
The amount of the town's official assessed value, not including
exemptions, on the latest assessment roll.
COUNTY
The County of Sullivan, a political subdivision of the State
of New York.
PERSON
Any individual, group, association, partnership, corporation
or other legal entity.
When the County Legislature shall determine
that any County real or personal property is no longer necessary for
public use, such Board, by resolution adopted by the affirmative vote
of two-thirds of the total membership of the Board taken by roll call
and entered in the minutes, may sell, lease or otherwise convey all
the right, title and interest of the County therein and declare the
terms governing said transaction. The documents of conveyance shall
be approved by the County Attorney and executed by the Chairman of
the Legislature. A contract of sale preceding the conveyance shall
be desirable but not mandatory, and the absence of a contract shall
not negate or otherwise impair the conveyance itself once there has
been execution and delivery. A resolution authorizing a conveyance
shall not be deemed to be a contract, nor to be contractual in nature,
and may be rescinded and revoked by subsequent resolution of the Legislature
at any time prior to the actual consummation of the conveyance. Property
sold, leased or otherwise conveyed pursuant to this provision may
be made to the highest responsible bidder after public advertisement
in the discretion of the Board.
A. The income and proceeds of the lease or sale of any
County property no longer necessary for public use may be applied
toward the payment of the cost of new sites and buildings or expended
for other lawful County purposes.
B. Nothing herein shall be construed to authorize the
sale or lease of any County property where such disposition is prohibited
or restricted by law.
C. All other provisions of County Law § 215
and other statutes not the subject of this legislation shall remain
in full force and effect.
D. The County may take back a purchase money note and
mortgage as part of the consideration for the purchase price, upon
resolution of the Legislature.
E. Property may be sold if authorized by local law subject
to permissive referendum in lieu of by resolution, in the discretion
of the Legislature by a majority vote.
[Adopted 3-19-2009 by L.L. No. 2-2009]
The purpose of this article is to establish
the policy and procedures in the County of Sullivan for the sale of
parcels of real property not redeemed for delinquent real property
taxes, in accordance with New York State Real Property Tax Law Article
11.
When used in this article, the following definitions
apply:
ASSESSED VALUE
The amount of the Town's official assessed value of real
property, not including exemptions, on the latest assessment roll.
COUNTY
The County of Sullivan, a political subdivision of the State
of New York.
DELINQUENT TAX
An unpaid tax, special ad valorem levy, special assessment
or other charge imposed upon real property by or on behalf of a municipal
corporation or special district, plus all applicable charges, relating
to any parcel which is included in the return of unpaid delinquent
taxes prepared pursuant to Real Property Tax Law or such other general,
special or local law.
PERSON
Any individual, group, association, partnership, corporation
or other legal entity.
REAL PROPERTY ADVISORY BOARD RPAB
An advisory board whose membership shall consist of the County
Treasurer, the Director of Real Property Tax Services, the County
Manager and the County Attorney, or their designees. The RPAB shall
hear and discuss real property matters and tax foreclosure matters
for the purpose of advising the Sullivan County Legislature's Real
Property Committee and shall perform all duties requested by said
Committee pursuant to this article. The role of the RPAB shall be
advisory only and shall not be a prerequisite to formal action by
the Legislature.
REAL PROPERTY COMMITTEE
The duly designated standing committee as defined in the
Sullivan County Code, which shall have jurisdiction of real property matters,
regardless of its title by the Chairman of the Legislature, from time
to time.