[HISTORY: Adopted by the Town of Wells 11-2-2004. Amendments noted where applicable.]
Sale of municipal equipment — See Ch. 40.
This chapter shall be known and may be cited and referred to as the " Administrative Procedures Ordinance of the Town of Wells." This chapter is enacted pursuant to the home rule authority granted the Town by the Maine Constitution, Article 8, Part Second, and by 30-A M.R.S.A. § 3001.
It is the intent and purpose of this chapter to delegate to the Board of Selectmen such authority in administrative matters as the Town Meeting has delegated to the Board of Selectmen annually so as to improve the efficiency and effectiveness of the Town government.
This chapter shall be effective upon enactment by the Town Meeting and shall remain in effect until amended. It may be amended at any Town Meeting.
Tax acquired property.
The Board of Selectmen is authorized to sell and convey tax-acquired property at a public sale to be conducted in Wells in a manner to be determined by the Board. For property that was tax-acquired by the Town prior to June 13, 2009, there is no duty of notification to the prior owner nor does the prior owner have any right to repurchase the tax-acquired property. For property that was tax-acquired by the Town after June 13, 2009, the Board shall make one attempt to notify the prior owner of any property acquired by reason of the foreclosure of a tax lien within 10 days of the date of the automatic foreclosure and shall offer to sell and convey the property back to its former owner upon payment of all unpaid taxes, interest, and all costs incurred by the Town with respect to the property (including but not limited to notice, recording, publication, attorneys' fees and auctioneer's fees and maintenance costs). If the former owner has not repurchased the property within 60 days of the foreclosure date, the Board of Selectmen shall decide whether the Town should keep the property or sell it. If the Board decides to keep the property, the former owner may repurchase it upon payment of all unpaid taxes of all outstanding taxes, interest, and costs incurred by the Town within 90 days of the Town’s decision to keep the property. If the former owner does not repurchase the property within 90 days, the right to repurchase terminates. If the Board of Selectmen decides to sell the property, the former owner may repurchase it at any time prior to a public sale upon payment of all outstanding taxes, interest, and costs incurred by the Town. The Board of Selectmen is hereby authorized to execute and deliver quit-claim deeds without covenant in the furtherance of the same.
[Amended 6-13-2009; 2-7-2012]
The Board of Selectmen is authorized to sell and convey any time-share estates acquired by the Town through the foreclosure of tax liens as the Board deems necessary or in the best interest of the Town, following the procedure outlined in Subsection A(1) of this section, except that a public sale is not required. The Board is hereby authorized to sell tax-acquired time-share estates using whatever method, including but not limited to, public sale, negotiated sales, or use of internet auction sites, the Selectmen in their discretion consider in the best interests of the Town. The Board of Selectmen shall hold a public hearing to discuss the alternatives for disposing of the units prior to deciding on a method of sale.
The Board of Selectmen may execute and deliver quit claim deeds at its discretion for the purpose of removing tax liens, which have not been discharged through inadvertence, from public records when the taxes for which the lien is recorded have been paid.
Accept forfeited property and/or funds. The Board of Selectmen, acting as the municipal officers, may accept forfeited property and/or funds, in whatever amounts or types become available, transferred to the Town by the State of Maine or the United States Government pursuant to state or federal civil or criminal forfeiture proceedings, provided that funds may not be expended without an appropriation by the legislative body .
Acceptance of gifts of money or personal property. The Board of Selectmen may accept gifts of money or personal property to the Town, provided that funds may be expended only to the extent the funds supplement a specific appropriation already made.
Acceptance of conditional gifts of money and personal property. The Board of Selectmen may accept conditional gifts of money to the Town, provided that funds may not be expended without a specific appropriation. The Board may also accept conditional gifts of personal property to the Town and direct the use of the property in the manner specified by the donor.
Authority to accept grants. The Board of Selectmen is authorized to apply for and accept state and federal grants and grants from nonprofit organizations on behalf of the Town for municipal purposes, provided that the expenditure of grant funds shall be pursuant to an appropriation of funds.
Authority to accept drainage, utility, sight distance, sidewalk, snow storage, pedestrian right-of-way and dry hydrant/water supply access easements. The Board of Selectmen is hereby authorized to accept, on behalf of the Town, drainage, utility, sight distance, sidewalk, snow storage, pedestrian rights-of-way and dry hydrant or water supply access easements as the Board deems appropriate and in the best interest of the Town. The Board of Selectmen shall have said easements recorded in the York County Registry of Deeds and shall file a copy of each easement with the Town Clerk.