[HISTORY: Adopted by the Town Board of the
Town of Babylon 5-4-2004 by L.L.
No. 13-2004. Amendments noted where applicable.]
The Town Board of the Town of Babylon finds
that some of its citizens have been misled by exaggerated claims or
failure to provide adequate or sufficient information on the part
of some subdividers or their agents, employees or sales agents with
respect to estimated taxes with regard to homes situated in subdivisions
and the school district in which the property is located. It is the
intent of this chapter to correct the aforesaid abuses, to provide
a guide for the majority of the subdividers within the Town who deal
with the public on a high plane of business integrity and to provide
adequate and sufficient information so that a prospective home buyer
in this Town can make an informed and intelligent decision.
This chapter shall apply to any person who offers
new homes for sale or contracts for the construction of residential
homes on real property owned by him or in which he has a beneficial
interest wherein such sales are made from a model house and/or from
a set of standardized plans used by such person. For the purposes
of this chapter, the term "person" shall be intended to include a
person, partnership, corporation or any other form of legal entity,
its agents and employees.
All persons coming within the provisions of § 157-2 of this chapter shall conspicuously post in every model house authorized to be constructed by the Town of Babylon or in their sales office located within the Town of Babylon, or both, at least one notice containing the information required by § 157-4 of this chapter. Such notice shall be uniform in size, form and texture and shall be issued by the Assessor.
Each notice shall contain the following information:
A.
Current tax rate for county, town, special district
or school taxes. The notice shall contain a statement that such tax
rate is subject to change in any given tax year. The tax rate shall
be the tax rate for the area in which the real property is located
or offered for sale, and, in the event that the real property is located
or offered for sale in more than one school district or special district,
a separate notice shall be posted for each such separate school district
or special district containing the information required by this subsection.
B.
The estimated assessed valuation of the model house
or the house as offered on the plans and specifications, as approximated
by the Assessor of the Town of Babylon, with increments and deductions
indicated for various standardized options and deviations from the
basic mode. The estimated assessed valuation shall be the estimated
assessed valuation for the area in which the real property is located
or offered for sale, and, in the event that the real property is located
or offered for sale in more than one school district or special district,
a separate notice shall be posted for each separate school district
or special district containing the information required by this subsection.
C.
The estimated county, town, special district and school
tax for the model house or the house as offered on the plans and specifications,
as approximated by the Assessor, with increments and deductions indicated
for various standardized options and deviations from the basic mode.
The estimated county, town, special district and school tax shall
be the estimated county, town, special district and school tax for
the area in which the real property is located or offered for sale,
and, in the event that the real property is located or offered for
sale in more than one school district or special district, a separate
notice shall be posted for each separate school district or special
district containing the information required by this subsection.
D.
The notice shall contain a statement to the effect
that information as to the estimated assessed valuation for the model
house with increments and deductions for other than standardized options
and deviations will be available in the office of the Assessor upon
request and submission of a plan thereof.
E.
The designation of the school district within which
the real property lies.
Within one month following the beginning of any given tax year, the subdivider shall post a notice as required by § 157-3 herein containing all information as based upon the tax rate for county, town, special district and school district taxes.
There shall be attached to every certificate
of occupancy or certificate of compliance issued by the Building Department
of the Town of Babylon for all assessable residential structures a
statement prepared by the Assessor of the Town of Babylon setting
forth the current tax rate for county, town, special district and
school taxes for the area in which the structure is located; the estimated
valuation of such structure; and the estimated county, town, special
district and school taxes for each such structure. Such statement
shall indicate the dates when the tax year begins and ends and that
the tax rate may change during any future tax year. Such statement
shall be available in the office of the Assessor of the Town of Babylon
upon request and the payment of a fee of $100 for construction costs
of $10,000 and over and $50 for construction costs under $10,000,
payable to the Building Official at the time of building permit application.
[Amended 4-27-2022 by L.L. No. 10-2022; 12-20-2023 by L.L. No. 25-2023]
It shall be unlawful for any person, within the provisions of this chapter, to fail to post the notice as required by § 157-3 hereof, to change any of the information contained on the notice or to fail to post a notice as required by § 157-5 hereof. The Building Inspector shall enforce the provisions of this chapter and, from time to time, shall cause inspections to be made of model houses in order to determine that notices are posted in conformance with this chapter. A violation of this chapter shall be an offense punishable by a fine of not less than $500 nor more than $1,500 for the first such offense and in a sum not less than $1,000 nor more than $2,500 for any subsequent offense. Each day that a violation continues shall be deemed a separate offense. Any person found by the Bureau of Administrative Adjudication to have violated the provisions of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines set forth herein for a first offense, subsequent offenses and continuing offenses. Except as provided otherwise by law, such a violation shall not be a crime, and the penalty or punishment imposed therefor shall not be deemed for any purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person convicted thereof.
This chapter shall take effect immediately upon
filing with the Secretary of State of the State of New York.
