Village of Woodridge, NY Article V Delinquent Real Property Tax Installment Payments

[Adopted 7-5-2016 by L.L. No. 4-2016]

§ 359-29 Statutory authority.

The Village Treasurer is hereby granted the authority to prepare and execute, on behalf of the Village of Woodridge, agreements with eligible owners for the installment payment of eligible delinquent taxes effecting all properties within the Village, in accordance with § 1184 of the Real Property Tax Law, without further notice to or consent of the Village of Woodridge Board.

§ 359-30 Term.

The Village Treasurer shall determine, and the installment agreement shall specify, the maximum term to be determined by the Village Treasurer on a case-by-case basis, which, however, said maximum term shall not exceed 24 months.

§ 359-31 Payment schedule.

The payment schedule shall be specified in the installment agreement and upon determination of Village Treasurer on a case-by case basis. The preferable schedule is quarterly, however, the installment agreement can provide for payments to be made monthly or quarterly, in the discretion of the Village Treasurer.

§ 359-32 Down payment.

The required initial down payment, as determined in the discretion of the Village Treasurer, shall be either 15% or 25% of the eligible delinquent taxes.

§ 359-33 Eligible properties.

Any property within the Village of Woodridge shall be eligible for installment payment plan.

§ 359-34 Eligible owner.

A property owner shall not be eligible to enter into an agreement pursuant to this article where:

A. There is a delinquent tax lien on the same property for which the application is made or on another property owned by such person, and such delinquent tax lien is not eligible to be made part of the agreement pursuant to this article;

B. Such person is the owner of another parcel within the Village of Woodridge on which there is a delinquent tax lien, unless such delinquent tax lien is eligible to be and is made part of the agreement pursuant to this article;

C. Such person was the owner of property of which there existed a delinquent tax lien and which lien was foreclosed within three years of the date on which an application is made to execute an agreement pursuant to this article; or

D. Such person defaulted on an agreement executed pursuant to this article within three years of the date on which an application is made to execute an agreement pursuant to this article.

§ 359-35 Amount due.

The amount due under an installment agreement shall be the eligible delinquent taxes plus the interest that is to accrue on each installment up to and including the date on which such payment is to be made. The agreement shall provide that the amount due shall be paid, as nearly as possible, in equal amounts on each payment due date. Each installment payment shall be due on the last day of the month on which it is to be paid. Such payments shall be applied first to penalties and other charges and then to principal.

§ 359-36 Interest and penalties.

Interest on the total amount of eligible delinquent taxes, less the amount of the down payment made by the eligible owner, shall be the amount determined pursuant to § 924-a of the Real Property Tax Law. The rate of interest in effect on the date the agreement is signed shall remain constant during the period of the agreement. If installment is not made on or before the date it is due, interest shall be added at the rate prescribed by § 924-a of the Real Property Tax Law for each month or portion thereof till paid. In addition, if an installment is not paid by the end of the 15th calendar day after the payment due date, a late charge of 5% of the overdue payment shall be added.

§ 359-37 Default.

A. The eligible owner will be deemed to be in default of the agreement upon:

(1) Nonpayment of any installment within 30 days from payment due date;

(2) Nonpayment of any tax, special ad valorem levy, or special assessment which is levied subsequent to the filing of the agreement by the Village of Woodridge and which is not paid prior to the receipt of the return of unpaid taxes by the Village Treasurer;

(3) Default of the eligible owner on another agreement made and executed pursuant to this section.

B. In the event of a default, the Village of Woodridge shall have the right to require the entire unpaid balance, with interest and late charges, to be paid in full. The Village of Woodridge should also have the right to enforce the collection of the delinquent tax lien pursuant to the applicable sections of law, special tax act, charter and local law.

C. Where an eligible owner is in default and the Village does not either require the eligible owner to pay in full the balance of the delinquent taxes or elects to institute foreclosure proceedings, the tax district shall not be deemed to have waived the right to do so.