Your questions were posted in the "Inside Rotterdam" section but I am posting the response in the "Outside Rotterdam" section because they do refer to the Mayor of the City of Schenectady, and HIS failure to obey the laws
Then explain DV,WHY the mayor of Schenectady does not operate within the legal constraints (...state & local laws) when he does NOT publish the list of foreclosures in the paper (name of property owner, address, ID, amount of delinquent taxes). AND why does the mayor ignore the local laws of charging homeowners with violations if they don't separate their trash for recycling?
Maybe you can help me here.... (1) Please provide law that requires foreclosures be published ... Thanks
It is New York State Real Property Tax Law. Here is the actual law in it's entirety:
Further I have highlighted in bold and blue the specific points that I posed a question to in my question to DV (shown above, from the Inside Rotterdam section) when he stated that officials have to obey laws.
Quoted Text
§ 1124. Public notice of foreclosure. 1. Upon the filing of a petition of foreclosure in the office of the county clerk, the enforcing officer forthwith shall cause a notice of foreclosure to be published in each of three non-consecutive weeks in a two month period in at least two newspapers designated by him or her.
2. (a) Each newspaper designated for this purposeshall have general circulation in the tax district. An official newspaper of the tax district shall be deemed to satisfy the requirements of this provision. (b) In New York and Bronx counties the newspapers to be designated for the publication of such notice or any other public notice required pursuant to this article shall be the daily law journal designated by the justices of the appellate division of the first judicial department and another newspaper designated by such justices pursuant to the provisions of subdivisions one and two of section ninety-one of the judiciary law. 3.Such notice shall be in substantially the following form:
................. Court,................. County. IN THE MATTER OF THE FORE- CLOSURE OF TAX LIENS BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE REAL PROPERTY TAX LAW BY........... (insert name of tax district).
NOTICE OF FORECLOSURE
PLEASE TAKE NOTICE that on the......... day of.................., the............... (insert title of enforcing officer), hereinafter, the "Enforcing Officer", of.............. (insert name of tax district), hereinafter, the "Tax District", pursuant to law filed with the clerk of.......... county, a petition of foreclosure against various parcels of real property for unpaid taxes. Such petition pertains to the following parcels: (insert the description and the name of the owner or owners of record of each parcel as of the date of the filing of the list of delinquent taxes). Effect of filing: All persons having or claiming to have an interest in the real property described in such petition are hereby notified that the filing of such petition constitutes the commencement by the Tax District of a proceeding in the court specified in the caption above to foreclose each of the tax liens therein described by a foreclosure proceeding in rem. Nature of proceeding: Such proceeding is brought against the real property only and is to foreclose the tax liens described in such petition. No personal judgment will be entered herein for such taxes or other legal charges or any part thereof. Persons affected: This notice is directed to all persons owning or having or claiming to have an interest in the real property described in such petition. Such persons are hereby notified further that a duplicate of such petition has been filed in the office of the Enforcing Officer of the Tax District and will remain open for public inspection up to and including the date specified below as the last day for redemption. Right of redemption: Any person having or claiming to have an interest in any such real property and the legal right thereto may on or before said date redeem the same by paying the amount of all such unpaid tax liens thereon, including all interest and penalties and other legal charges which are included in the lien against such real property, computed to and including the date of redemption. Such payments shall be made to ......... (here insert the name, title and address of the official to whom such payments are to be made). In the event that such taxes are paid by a person other than the record owner of such real property, the person so paying shall be entitled to have the tax liens affected thereby satisfied of record. Last day for redemption: The last day for redemption is hereby fixed as the ......... day of .......... (here insert a date at least three months after the date of the first publication of this notice). Service of answer: Every person having any right, title or interest in or lien upon any parcel of real property described in such petition may serve a duly verified answer upon the attorney for the Tax District setting forth in detail the nature and amount of his or her interest and any defense or objection to the foreclosure. Such answer must be filed in the office of the county clerk and served upon the attorney for the Tax District on or before the date above mentioned as the last day for redemption. Failure to redeem or answer: In the event of failure to redeem or answer by any person having the right to redeem or answer, such person shall be forever barred and foreclosed of all his or her right, title and interest and equity of redemption in and to the parcel described in such petition and a judgment in foreclosure may be taken by default.
Enforcing Officer:
..................
.................. (Name and title of enforcing officer)
Attorney for Tax District: ...........................
...........................
...........................
...........................
(Name, title and address of attorney for tax district, if the same is not the enforcing officer) 4. The enforcing officer shall on or before the date of the first publication of the notice above set forth cause a copy of such notice to be posted once in his or her office and shall cause a copy of such notice to be posted in the county court house in the place provided for the posting of public notices. 5. Nothing contained herein shall be construed to preclude the enforcing officer from providing for additional public notice of foreclosure by other means, including broadcast on the local access channel of a cable television company having a franchise within the tax district. 6. If the substance of such notice has been incorporated into the petition of foreclosure, the requirements of this section shall be satisfied if the petition of foreclosure is published and posted in the manner prescribed by this section.
And of course I virtually always provide the EVIDENCE, and here is the OFFICIAL government website of the State Of New York specifically showing that law (for the benefit of a certain person who claims I lie and my evidence is not real, I challenge that person to provide EVIDENCE that this official state website is a fake )
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
Then explain DV,WHY the mayor of Schenectady does not operate within the legal constraints (...state & local laws) when he does NOT publish the list of foreclosures in the paper (name of property owner, address, ID, amount of delinquent taxes). AND why does the mayor ignore the local laws of charging homeowners with violations if they don't separate their trash for recycling?
Maybe you can help me here.... ... (2) Please provide law that requires residents to separate recycling Thanks
Quoted Text
§161-4 Preparation and Disposal of Solid Waste
A. General purpose.
(1) In order to facilitate the findings stated in Article I, solid waste shall be separated into categories of waste. Broad categories include but are not limited to:
(2) Solid waste separation shall be performed at its source or where the solid waste was generated. This applies to solid waste which is brought to the City of Schenectady's waste transfer facility and to solid waste which is left for a private hauler to collect at any point within the City. Solid waste shall be source-separated even if it is picked up by a private hauler who takes it to one or more locations outside the City for disposal.
B. Recyclable rubbish. Recyclable rubbish, also called recyclables, shall be source-separated into the following categories: (1) Glass. (2) Plastic. (3) Metal cans. (4) Newspapers. (5) Corrugated cardboard. (6) Magazines. (7) Kraft paper or brown paper bags. … (12) Milk and juice containers and juice boxes. [Added 6-20-1994 by Ord. No. 94-19] (13) Junk mail. [Added 6-20-1994 by Ord. No. 94-19]
…
E. Recycling containers. Residents will be required to provide recycling containers specified by regulation. Decals will be provided by the City identifying the contents of such containers. … H.
Garbage and nonrecyclable rubbish.
(1) Each person shall purchase and use clear or translucent refuse bags for the disposal of garbage and nonrecyclable rubbish.
(2) Garbage and nonrecyclable refuse shall not be placed at the curb for pickup unless it is in a clear or translucent refuse bag. Refuse placed in a dumpster or trash can must be first placed in a translucent or clear refuse bag. There is one exception to this requirement:
(a) There are items of garbage and nonrecyclable rubbish which are not appropriate to place in or which do not fit into a refuse bag. These items should be taken to the waste transfer station for disposal or the Department of Solid Waste should be called for instruction.
(3) It shall be a violation of this chapter for any person to place for collection any garbage or nonrecyclable rubbish which contains any recyclable.
…
M. Penalties for offenses.
(1) Violation of any provision of this chapter by any person shall be considered an offense subject to a fine. Each day that such violation exists shall constitute a separate offense.
(2) A violation of a rule or regulation enacted under this chapter shall be a violation of this chapter.
N. Penalties for offenses by private property owners and occupants. [Amended 4-11-1994 by Ord. No. 94-08; 5-23-1994 by L.L. No. 4-1994; 6-20-1994 by Ord. No. 94-19]
(1) There shall be a grace period of 90 days following the implementation date of this chapter, November 15, 1992, when there shall only be verbal and written warnings issued to violators of this chapter.
(2) Issuance of ticket; authorized officers.
(a) Following the grace period, offenses shall be punishable by issuance of tickets bearing the amount of fine similar to those issued to traffic law violators.
(b) Solid Waste Department Supervisors, the Recycling Coordinator and the City Nuisance Inspector are designated and authorized to issue appearance tickets for violations of this Article II, Waste Collection.
(3) Penalties. [Amended 7-11-2005 by Ord. No. 2005-8 [1] ]
(a) Each offense shall be punishable by a fine or public service in accordance with the following schedule:
[1] For the first conviction, by a fine in the sum of $250.
[2] For the second conviction within one year, by a fine in the sum of $500.
[3] For the third conviction within one year, by a fine in the sum of $750.
[4] For the fourth conviction within one year, by a fine in the sum of $1,000.
[5] For any further convictions within one year, by a fine in the sum of $1,500 and by a period of incarceration of at least 15 but not more than 30 days.
(b) The penalties herein prescribed shall not bar the prosecution of any other waste-related offense applicable to the conduct of the offender as may be proscribed elsewhere in this City Code.
[1]: Editor’s Note: This ordinance also provided that these penalties shall be of full force and effect 30 days following the adoption of this subsection
(4) Recovery of costs. The City shall enforce and/or take necessary steps to abate violations of this Article II of Chapter 161 and the City's rules and regulations as embodied in the City's current recycling brochure as they apply to waste collection for private properties and the City's cost shall be paid out of the municipal treasury on certification of the Director of Solid Waste, and such costs shall be billed to the owner of the land from where the garbage and refuse emanate, and if not paid within 60 days, said bill shall be charged against the land from where the garbage and refuse emanate as a municipal lien or cause such cost to be added to the tax rolls as an assessment or to be levied as a special tax against the land from which the garbage or refuse emanated or be recovered in a suit at law against the owner responsible for the proper compliance with Article II of Chapter 161.
…
Once again, as we virtually always provide EVIDENCE, here is the link to the OFFICIAL city government website (and hopefully direct to this law) where you can view the full ordinance: [url] http://ecode360.com/8687604#8687604[/url]
Additionally, the city has published a “Recyclution Brochure” (at taxpayer expense of course). Here are excerpts from that brochure which support entirely the questions I pose about why is the mayor failing to enforce the city’s laws regarding recycling. WHY does the mayor allow the city sanitation crews to pick up trash and recyclables that are NOT prepared in accordance with city law. (The mayor’s cheerleader NEVER answers that question by the way)
Quoted Text
CITY OF SCHENECTADY SOLID WASTE RULES
Garbage and recyclables may not be placed at the curb before 2:00 p.m. on the day before collection. They must be at the curb by 6:00 a.m. on collection day. Empty containers must be removed from the curb within 12 hours after collection. Waste that is generated in one location in the City of Schenectady may not be placed for collection at another non‐contiguous location in the City of Schenectady.
Solid waste and recyclable material shall be stored at basement or grade level in tightly covered containers, out of sight when possible. Solid waste and debris shall not be stored on open porch areas or in areas that are visible to the public. Nuisance Inspectors and Solid waste supervisors shall be authorized to determine proper storage locations, sufficiency of containers, and the curbside location where trash may be placed for collection.
The City Code of Ordinance include the following provisions: Non‐Compliance with the Recycling and Waste Collection Ordinance, Article II: Section 161-4: Waste may not be improperly contained, placed for collection at inappropriate times, improperly prepared and or stored in inappropriate locations or otherwise violate Article II, Section 161-4. Violations will result in an administrative fee not exceeding $50.00. It shall be a violation of this chapter for any person to place for collection any garbage or non‐recyclable rubbish which contains any recyclable. … It is the expressed desire of the Mayor, City Council, … that the above mentioned City laws be enforced. …
ROFLMAO !!!!! That above sentence colored in red. If it's the mayor's desire that laws be enforced, why doesn't he make sure they are enforced? Oh, it costs money for staff time to enforce them, and remember, these are violations taking place in the neighborhoods where taxpayers live. The neighborhoods are not comprised of millionaire political cronies giving kickbacks to the city/co/plex dems
You can view the complete brochure—including details about how to prepare, clean, etc recyclables for pick-up--here (scroll down for the brochure):
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
Optimists close their eyes and pretend problems are non existent. Better to have open eyes, see the truths, acknowledge the negatives, and speak up for the people rather than the politicos and their rich cronies.
If clear trash bags are required use per the City code, why do the trashmen still pick up trash at the curb in those black trash bags? Should'nt they leave them there and fine the offending individual? Who knows what is in those bags.
Garbage rules are enforced, arbitrarily. I know of one business owner who was putting his trash curbside at a relative's house in the city, and got caught, but didn't get fined due to knowing the right people.
I thought everybody knew that foreclosures had to be advertised. You want the government to take your house, and dispose of it, in secret? That would be theft, and receiving stolen property.
I thought everybody knew that foreclosures had to be advertised. You want the government to take your house, and dispose of it, in secret? That would be theft, and receiving stolen property.
Didn't say I didn't know...was looking for the legal requirement document!
JUST BECAUSE SISSY SAYS SO DOESN'T MAKE IT SO...BUT HE THINKS IT DOES!!!!! JUST BECAUSE MC1 SAYS SO DOESN'T MAKE IT SO!!!!!
maybe they aren't printing them all....but we (at work) do see foreclosures in the gazette under the legal section.
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
Recycling doesn't save money. There is unlimited sand for glass. Cardboard only have value because the NYS law says there has to be so much percentage recycled material otherwise it wouldn't have any value. Same with plastic.
Extra trucks and employees for no reason. I bet half of it is dumped in with the rest of the trash at the transfer station.
The city could save money by keeping the rainwater out of the garbage. A wet couch weighs double the weight of a dry one. A wet mattress weighs triple.
Life is tough, but it's tougher when you're stupid - John Wayne
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