[HISTORY: Adopted by the Town of Wells 11-2-2004. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
A.
Tax acquired property.
(1)
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]
(2)
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.
(3)
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.
B.
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 .
C.
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.
D.
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.
E.
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.
F.
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.
