City of Haverhill, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Haverhill as part of Ch. 2 of the 1963 City Code (Ch. 2, Art. VIII, of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Miscellaneous public charges and fees — See Ch. 128.

§ 36-1 Filing bills and claims.

[Amended 7-10-2007 by Doc. 76]
Every officer, board or department shall, except as otherwise provided in this Code, file weekly with the Auditor of Accounts itemized bills of all claims which may have become due the City in their respective departments during the preceding week, such bills to be filed in the manner prescribed by the Auditor of Accounts, who shall transmit the bills to the Treasurer for collection.

§ 36-2 Collection of charges, sales and fines.

[Amended 7-10-2007 by Doc. 76]
Proper charges for services legally rendered by, or for articles legally sold from, or for fines legally due to any department or institution under the control or authority of the City, or of the School Committee, or of the Board of Health, or of public library trustees, may be made, collected and receipted for by such officers and persons as are authorized by law or ordinance to make, collect and receipt for such charges, sales or fines. Complete and detailed records of receipts of all such charges, sales or fines must be kept by all such officers and persons so authorized.

§ 36-3 Filing of statement of items and fees collected.

[Amended 7-10-2007 by Doc. 76]
Every officer, person, board or department, except the Treasurer and Collector of Taxes, authorized in any manner to receive and receipt for fees or other cash items in behalf of the City which may by law or ordinance be required to be paid into the City treasury shall, unless otherwise provided, file weekly a complete statement of all such cash items and fees so received by him or it during the week preceding with the Auditor of Accounts, who shall make a suitable record thereof and shall deliver to the officer, person, board or department presenting the same an order directing the Treasurer to receive the sums therein named, and stating the accounts upon which such moneys have been received. Such officer, person, board or department shall thereupon file such order with the Treasurer and pay over to him the sums therein stated.

§ 36-4 Proper authority required to receive money.

Nothing herein contained shall be construed as authorizing any officer, person, board or department to receive any money in payment of claims due the City which the Treasurer or Collector of Taxes is required by law or ordinance to collect; or to collect or receive any money, fees or cash items due the City otherwise than is authorized or provided for above; provided, however, that the City Council may designate a suitable person or persons to receive payment of and receipt for certain accounts when such action may by it be deemed for the best interests of the City.[1]
[1]
Editor's Note: Original § 2-103 of the 1980 Code, Treasurer to furnish Council with list of unpaid claims, which immediately followed this section, was deleted 7-10-2007 by Doc. 76.

§ 36-5 Schedules of fees and fines.

[Added 7-10-2007 by Doc. 76]
Each department, division or officer shall provide a current schedule of fees and fines for all licenses, permits, violations, services or other charges under its jurisdiction to the City Council at the annual budget review for the purpose of determining the adequacy of the fee or fine, along with recommendations as to any adjustments to fees or fines.

§ 36-6 Checks not duly paid.

[Added 1-29-2013 by Doc. 17]
A. 
If a check in payment of a municipal service rendered or fee or charge imposed, including the School Committee, Board of Health, or the public library trustees, is not duly paid, there may, in addition to any other penalty provided by law, be imposed on the person who tendered such check, upon notice and demand by the City Treasurer, a penalty in an amount equal to 1% of the amount of such check; provided, however, that if the amount of such check is less than $2,500, the penalty under this section shall be $25.
B. 
Any person upon whom such a penalty is imposed may appeal to the Massachusetts Commissioner of Revenue who shall abate the same if he determines that such person tendered such check in good faith and with reasonable cause to believe that it would be paid.

§ 36-7 Waiver of fee or charge.

[Added 3-12-2013 by Doc. 22]
The City Council and Mayor shall have authority to waive fees or charges due to the City of Haverhill which are set by order, ordinance or state law. No fees or charges due to the City of Haverhill shall be waived where prohibited by state law. The waiving of any fee or charges by the City Council and Mayor shall be subject to the conditions below:
A. 
Only nonprofit organizations seeking to waive fees for projects or events where at least 80% of the labor is being performed by volunteers shall qualify.
B. 
The total amount of fees which can be waived in any fiscal year shall be subject to appropriation in the City's annual budget.
C. 
Any qualified nonprofit organization seeking a waiver of fees or charges shall file a request with the City Clerk's office. The applicant shall provide the name and address of the organization, along with the names of the executive officers and board members. The application shall include the specific fees or charges sought to be waived and a dollar total. The applicant shall provide any documentation or information requested, including but not limited to project and/or organizational financial information.
Any application to waive fees or charges shall be submitted to the department which collects the fees or charges and/or any department which performs services for which fees or charges are requested to be waived for review and comment prior to the request being taken up by the City Council.
D. 
When the Mayor declares a public emergency, fees or charges may be waived by order of the Mayor. Said fees or charges shall not be subject to any of the above requirements or limitations.
E. 
Any fees waived in accordance with other provisions of this Code shall not be subject to the above provisions and shall remain in full force and effect unless otherwise repealed.

§ 36-8 Waiver of fees to advance major economic development projects.

[Added 9-8-2015 by Doc. 111]
Notwithstanding the provisions of § 36-7 or any other provisions of this Code, the Mayor shall have authority to waive certain building permit fees due to the City of Haverhill which are set by order, ordinance or state law to advance major economic development projects within the City of Haverhill. No fees due to the City of Haverhill shall be waived where prohibited by state law. The waiving of any fee by the City Mayor shall be subject to the conditions below:
A. 
To be considered a major economic development project, the project must produce a total development cost in excess of $30 million dollars, create no fewer than 100 new jobs, and result in not less than a twenty-five-percent increase in annual real estate taxes. The project must also use best efforts to hire not less than 30% local residents in the construction of the project, which shall be monitored by the Planning and Economic Development Director for performance.
B. 
The total amount of building fees which can be waived on any one project shall not exceed 25% of those required to be paid by order, ordinance or state law.
C. 
The applicant shall provide the City with detailed evidence to support and confirm that the project is a major economic development project and complies in all regards with the requirements of this section.
D. 
Any qualified major economic development project seeking a waiver of fees or charges shall file a request with the Planning and Economic Development office. The applicant shall provide the name and address of the organization, along with the names of the executive officers. The application shall include the specific fees or charges sought to be waived and a dollar total. The applicant shall provide any documentation or information requested, including but not limited to project and/or organizational financial information. Any application to waive fees shall be submitted to the Building Inspector for review and comment.
E. 
In the event that the project should at any time cease to be a major economic development project as defined by this section, the reduced fee amount shall immediately be due and payable to the City as if the fees were never waived.