(b) The determination of whether or not the code violations have been
cured shall be made by the city of Buffalo'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 mechanic's 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 pursuant to section eleven hundred ten of this
chapter 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 pursuant to section eleven
hundred ten of this chapter 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 as 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 Buffalo. 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 Buffalo may proceed with any action against the
former owner pursuant to applicable laws.
14. Exclusions. The provisions of this section shall not apply to any
municipality that sells their tax liens in a tax sale.