June 22, 2021 at 6:45 p.m.
LEGAL NOTICES FOR JUNE 17, 2021
LOCAL LAW NO. “2” FOR 2021
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK TO PROHIBIT SMOKING IN COMMON AREAS OF MULTIPLE UNIT
This Local Law shall be known as the “Albany County Smoke-Free Common Areas Law.”
Section 2: STATUTORY AUTHORIZATION
As used in this Local Law, the following terms shall have the meanings indicated:
INDOOR COMMON AREA –
MULTIPLE UNIT DWELLING –
Section 6: PENALTIES FOR VIOLATIONS
Section 7: ENFORCEMENT AND ADMINISTRATION
This Local Law shall take effect upon filing with the Secretary of State.
Local Law was adopted as amended
LOCAL LAW NO. “3” FOR 2021
A LOCAL LAW OF THE COUNTY OF ALBANY PROVIDING FOR REDUCTION OF THE REDEMPTION PERIOD TO ONE YEAR FOR
RESIDENTIAL PROPERTY LOCATED WITHIN A LOCAL MUNICIPALITY WHICH HAS BEEN DETERMINED BY IT PURSUANT TO NEW YORK STATE REAL PROPERTY
TAX LAW SECTION 1111-a (SUBD. 2
(B)) TO BE VACANT AND ABANDONED
By Mr. Peter, Ms. McLaughlin, Messrs. A. Joyce, Feeney, Beston, Ms. Chapman, Messrs. Clay, Cleary,
- Section 11 Il-a of the Real Property Tax Law provides that, except in cities with a population of one million or more, the enforcing officer of a local municipality or his or her agent may determine that residential real property located therein may be subject to a redemption period of one year, only if the enforcing officer or his or her agent makes an affidavit to that effect and the property has been placed on a local municipal roll, or registry or list of vacant and abandoned property maintained by the taxing municipality
- Section 1122 (subd. 2 (b)) of the Real Property Tax Law provides that a Tax District may have a separate roll registry or list for residential property identified by a local municipality pursuant to Section 1 Ill-a of the Real Property Tax Law as being vacant and abandoned.
- Section 1110 (subd. 2) of the Real Property Tax Law provides that a Tax District may reduce the redemption period for residential vacant and abandoned property located within a local municipality to one year provided the property has been placed on a vacant and abandoned roll, or registry or list prior to the date on which real property taxes became delinquent in the local municipality pursuant to
- The purpose of this Local Law is to:
- authorize implementation by the County of Albany Tax District of the provisions of Sections 1110 (subd. 2) and 1122 (subd. (2)) of the Real Property Tax Law with respect to residential vacant and abandoned property located within local municipalities in the County of Albany Tax District that have authorized implementation by said local municipality of Section 1111-a of the Real Property Tax Law; and
- require that those local municipalities located within the Tax District which have as authorized by Section 11 Il-a of the Real Property Tax Law therein at the time of the submission to the Albany County Tax District of said municipality's roll of properties determined by its enforcing officer to be vacant and abandoned, as a prerequsite to the acceptance of said roll by the County of Albany Tax District, shall therewith include an Affidavit of said enforcing officer:
- attesting that said local municipality as authorized by Section l 1 Il-a of the Real Property Tax Law has duly authorized implementation of said Section 11 Il-a within said local municipality at the time of its submission to the County of Albany Tax District of its separate roll for properties determined by it to be vacant and abandoned;
- attesting that said roll of vacant and abandoned real property submitted by it to the County of Albany Tax District has been created by said local municipality in conformity with the requirements of Section 11 Il-a of the Real Property Tax Law; and
- attesting that the time limitation on making an application to the Supreme Court for CPLR Article 78 review pursuant to Section 11 Il-a (subd. 5) of the Real Property Tax Law as to the properties listed on the separate roll for properties determined by said municipality to be vacant and abandoned submitted to the County of Albany Tax District has expired and that there is no such review application is pending as to any of the properties therein listed.
Local Law was adopted – 4/12/21
A LOCAL LAW ESTABLISHING A DEMONSTRATION PROGRAM
FAILURE OF AN OPERATOR TO STOP FOR A SCHOOL BUS DIS-
BE IT ENACTED by the Legislature of the County of Albany as follows: Section 2. Definitions
For purposes of this Local Law, the following terms shall have the following meanings:
- “County” shall mean the County of Albany;
- “Manual on uniform traffic control devices” or “MUTCD” shall mean the manual and specifications for a uniform system of traffic control devices maintained by the Commissioner of Transportation pursuant to section 680 of the New York Vehicle and Traffic Law;
- “Owner” shall have the meaning provided in article two-b of the New York Vehicle and Traffic Law; and d. “School bus photo violation monitoring system” shall mean a device that is capable of operating independently of an enforcement officer which is installed to work in conjunction with a school bus stop arm which automatically produces two or more photographs, two or more microphotographs, a videotape or other recorded images of a vehicle at the time it is used or operation in violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law.
Section 3. Program Established
- There is hereby established a demonstration program imposing monetary liability on owners of vehicles for failure of the operators thereof to comply with section 1174 of the New York Vehicle and Traffic Law.
- Under such demonstration pro-gram the County is empowered to install and operate school bus photo violation monitoring systems which may be stationary or mobile, and which may be installed, pursuant to an agreement with a school district within the County on school buses owned and operated by such school district or privately owned and operated for compensation under contract with such district. Provided however, that:
- The County Executive is here-by authorized to enter into agreements with school districts for the installation, maintenance and use of school bus photo violation monitoring systems, for the proper handling and custody of photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other recorded images and data to the County, subject to the provisions of this Section and §1174 of the New Yok State Vehicle and Traffic Law. Provided however, that the County shall not enter into an agreement with any city school district wholly contained within a city.
- Nothing in this Local Law shall be construed to prevent the County or a school district at any time from withdrawing or terminating any agreement entered into pursuant to this Local Law; provided, however, that the
- The cost to the school district of the installation, maintenance and uses of school bus photo violation monitoring systems pursuant to an agreement authorized by this Local Law shall be borne entirely by the County. On or before September first of each year, the school district shall determine and certify to the County the total cost to the school district for the school year ending the preceding June thirtieth of installing, maintaining and using such systems within the County, for the proper handling and custody of photographs, microphotographs, videotapes, other recorded images and data produced by such systems, and for the forwarding of such photographs, microphotographs, videotapes, other record images and data produced by such systems to the County. On or before the following December first of each year, the County shall pay to the school district such cost so certified to it on or before the preceding September first.
- The County shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians and cyclists whose identity and identifying information may be captured by a school bus photo violation monitoring device. Such measures shall include:
iv. Oversight procedures to ensure compliance with the aforementioned privacy protection measures.
- Two hundred and fifty dollars for a first violation;
- Two hundred and seventy five dollars for a second violation committed within eighteen months of the first violation;
- Three hundred dollars for a third or subsequent violation, all of which were committed within eighteen months from the first violation, and
- An additional penalty of twenty-five dollars for each violation for the failure to respond to a notice of liability within the prescribed time period.
Section 5. Notice of Liability
- A Notice of Liability shall be sent by first class mail to each person alleged to be liable as an owner of a vehicle, for a violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law. Personal delivery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of delivery to the owner of the vehicle.
- A Notice of Liability shall contain:
- the name and current address of the person alleged to be liable as an owner for a violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law; and
- the registration number of the vehicle involved in such violation; and iii. the specific location where such violation took place, including the name of the road/street, the abutting address, the town/city/village, and the county and state; and
- the date and time of such violation; and
- the identification number of the camera which recorded the violation or other document locator number.
The Evangelist is the designated newspaper for Albany and Schenectady Counties. We gladly publish legal notices at .72 per line. This includes the affidavit at the end of the notice running. Please submit notices to Kathy Hughes, administrative assistant, at [email protected] or call 518-453-6688 for further information.
- A Notice of Liability shall contain information advising the owner of the manner and the time in which he or she may contest the liability alleged in the notice.
- Such Notice of Liability shall also contain a warning to advise the owners that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon.
- The Notice of Liability shall be prepared and mailed by the County or local municipality in which the violation occurred, or by an entity authorized by the County or local municipality to prepare and mail said Notice of Liability.
- The demonstration program established hereunder shall provide that the owner of a vehicle shall be liable for a penalty imposed pursuant to this Local Law if such vehicle was used or operated with the permission of the owner, express or implied, in violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law, and such violation is evidenced by information obtained from a school bus photo violation monitoring system; provided, however, that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of NY Vehicle and Traffic Law §1174(a) pursuant to this Local Law. For purposes of this subsection, there shall be a rebuttable presumption that such vehicle was used and operated with the consent of the owner at the time it as used or operated in violation of NY Vehicle and Traffic Law §1174(a).
- If an owner receives a Notice of Liability pursuant to this Local Law for any time period during which the vehicle was reported to the police as having been stolen, it shall be a valid affirmative defense to an allegation of liability for a violation of subdivision (a)of section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law that the vehicle had been stolen and reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the affirmative defense provided by this subdivision, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the court having jurisdiction.
- An owner who is a lessor of a vehicle to which a Notice of Liability was issued pursuant to this Local Law shall not be liable for the violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law, provided that the entity or person sends to the Court a copy of the rental, lease or other such contract document covering such vehicle on the date or the violation, with the name and address of the lessee clearly legible, within 37 days after receiving notice from the agency of the date and time of such violation, together with the other information contained in the original notice of liability. Failure to send such information within such 37-day time period shall render the owner liable for the penalty prescribed by this Local Law. Where the Lessor complies with the provisions of this paragraph, the Lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for purposes of this section, shall be subject to liability for the violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law and shall be sent a notice of liability pursuant to section 4 of this Local Law.
- A certificate sworn to or affirmed by a technician employed by the County, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a school bus photo violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation, and shall be preserved for said proceeding.
- It shall be a defense to any prosecution for a violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law pursuant to this Local Law that such school bus stop-arms were malfunctioning at the time of the alleged violation, and said photographs, microphotographs, videotape or other recorded images shall be made available to any person or entity issued a Notice of Liability or violation to use for a defense.
- For the purpose of informing and educating owners of motor vehicles in this County, during the first thirty-day period in which a school bus violation monitoring system is in operation pursuant to the provisions of this Local Law, all owners of motor vehicles who would otherwise be held liable for failure of operators thereof to comply with subdivision (a) of section 1174 of the New York Vehicle and Traffic Law when meeting a school bus marked and equipped as provided in subdivisions 20 and 21-c of section 375 of such law, shall be issued a written warning in lieu of a notice of liability.
Section 7.Adjudication of Liability
- The County shall submit an annual report on the results of the use of a school bus photo violation monitoring system as required and provided for in NY Vehicle and Traffic Law § 1174-a(m).
- The County shall annually pro-vide a copy of the annual report submitted pursuant to this Local Law, to each local law enforcement agency having jurisdiction to enforce violations of the vehicle and traffic law or any ordinance rule or regulation relating to traffic adopted pursuant to such law on roadways within the County. Section 10. SEQRA Determination.
(“SEQRA”), and that no further action with respect to same is required under
Plotsky, Messrs. Reidy, Reinhardt, Ricard, Simpson, Smith, Mss. Whalen and Willingham:
At no point shall deferment of property tax payment due date extend more than one hundred twenty days past the original due date of such taxes. If any municipality authorizes a deferment of payment of taxes to a date in excess of one hundred twenty days from the original due date for such taxes, the deferment of the County’s portion of property taxes shall be one hundred twenty days past the original due date for such taxes. Section 3. Effective date and repeal.
Local Law was adopted – 4/12/21
City of Albany
Map No. 76.55-2-55 150 S Hawk Street
Town of Rensselearville
129 CR 354 Map No. 180.-2-32 ALBANY COUNTY DEPART-
Dated: June 17 and June 24, 2021
EV 6/17, 6/24, 7/1, 7/8, 7/15,
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