(b) The determination of whether or not the code violations have been
cured shall be made by the city of Syracuse's enforcing officer in
charge of ensuring compliance with applicable housing, building, and
fire codes such as a code enforcement officer. An appeal of this
determination may be made to the city's zoning board of appeals or other
local administrative body as provided for in local law. The final
determination made by the administrative body shall be reviewable
pursuant to article seventy-eight of the civil practice law and rules.
(c) This section shall not be applicable to any cause of action
brought for money due based on the curing of code violations under any
form for receivership or a mechanics lien.
11. Payment prior to auction. (a) If the balance owed for code
violations placed on the tax levy is paid prior to the expiration of the
period for redemption set forth by the city of Syracuse for the city's
annual tax levy and there is no balance due for unpaid real property
taxes, the property may not be auctioned, and the property shall be
removed from the tax levy.
(b) The owner shall have the right to pay the full balance prior to
the expiration of the period for redemption set forth by the city of
Syracuse for the city's annual tax levy in order to redeem the property.
12. Surplus. Any surplus funds remaining after the sale of a property
at a tax foreclosure for unpaid code violations shall be returned to the
former owner of the property in a manner provided under local law. This
provision shall not apply to a sale of a property at a tax foreclosure
due to unpaid taxes. If a property has both unpaid taxes and unpaid code
violations on the same tax levy and is auctioned at a tax foreclosure
the amount of the surplus funds returned to the former owner shall be
proportionate to the amount of unpaid code violations owed in the total
amount of debt owed to the city of Syracuse. For the purpose of this
section, "surplus funds" shall mean the balance of money received after
auction of a property at a tax foreclosure sale minus the amount owed
for code violations and the costs and attorneys' fees incurred in the
collection of the fees by the city.
13. Balance due. If after an auction a balance is due for code
violations, the city of Syracuse may proceed with any action against the
former owner pursuant to applicable laws.
14. Exclusions. The provisions of this section shall not apply if the
city of Syracuse sells their tax liens in a tax lien sale.