[Adopted 11-5-1992 by Ord. No. 269-92]
As used in this article, the following terms shall have the meanings indicated:
DELINQUENT TAXPAYER
Any person, corporation or business enterprise that has neglected or refused to pay any taxes, fees, assessments, betterments or any other municipal charges due to the City of Fitchburg for not less than a twelve-month period.
LICENSING AUTHORITY
Any officer, department, commission, or board, including the special permit granting authority acting under Chapter 181, Zoning, which issues or grants local licenses or permits under the authority of the City of Fitchburg.
[Amended 10-17-1995 by Ord. No. 24-95]
A. 
The licensing authorities of the City of Fitchburg are hereby authorized to deny any application for or renewal or transfer of or to revoke or suspend any license or permit of a delinquent taxpayer.
B. 
The licensing authorities of the City of Fitchburg are hereby authorized to deny any application for or renewal or transfer of or to suspend or revoke any license or permit for any activity, event or matter which is carried out or exercised or is to be carried out or exercised on or about real estate the owner of which is a delinquent taxpayer. In exercising the powers under this Subsection B, the licensing authority shall provide notice required under § 120-22B to both the delinquent taxpayer and the applicant, licensee or permittee.
A. 
In order to carry out the provisions of this article, the Collector-Treasurer shall furnish annually to each licensing authority, a list of delinquent taxpayers. This list shall not include the names of those persons, corporations or business enterprises which have in good faith filed a pending application for an abatement of such taxes, fees, assessments, betterments or charges or a petition pending before the Appellate Tax Board.
B. 
Any licensing authority may deny, revoke or suspend any license or permit, including any renewals or transfers thereof, of any party whose name appears on the list furnished by the Collector-Treasurer to them. No such license or permit may be denied, suspended or revoked unless written notice is given to the delinquent taxpayer and the Collector-Treasurer as required by applicable provision of law. This notice must advise the delinquent taxpayer of the right to a hearing before the licensing authority. The notice must be sent at least 14 days before the hearing. Notice of the hearing shall be sent by regular mail. The list of delinquent taxpayers prepared by the Collector-Treasurer shall be prima facie evidence for the denial or revocation or suspension of a license or permit. The Collector-Treasurer shall have the right to intervene in any hearing conducted with respect to any license or permit denial, revocation or suspension. Findings made by the licensing authority in connection with the hearing shall be made only for that proceeding and shall not be relevant to or introduced in any other proceeding at law except an appeal from denial, revocation or suspension. No license revoked, suspended or denied under this section shall be reissued, renewed or transferred until the licensing authority receives a certificate issued by the Collector-Treasurer that the delinquent taxpayer is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges due and payable to the City as of the date of the issuance of the certificate. Any delinquent party shall be given the opportunity to enter into a payment agreement with the Collector-Treasurer. If such agreement is reached, the licensing authority may issue a certificate indicating the conditions of the agreement upon which the licensing authority's action is predicated; and the validity of this license or permit shall be conditioned upon the satisfactory compliance with the agreement. Failure to comply with the terms and provisions of the agreement shall be grounds for the revocation or suspension of the license or permit; provided, however, that the delinquent party be given notice and hearing as required by this article or other applicable provisions of law.
C. 
Every original application and renewal application for any license or permit, other than those referred to in § 120-24 below, and issued by any department, officer, board or commission of the City, but not limited to building permits, Zoning Board appeals applications, Planning Board applications and special permits, shall be accompanied by a certificate issued by the Tax Collector indicating that the applicant is in good standing with respect to any and all local taxes and fees and that he or she is not a delinquent taxpayer.
[Added 3-4-2008 by Ord. No. 022-08; amended 6-3-2014 by Ord. No. 100-2014]
[Amended 6-3-2014 by Ord. No. 100-2014]
The licensing authority may waive the denial, revocation or suspension of any license or permit if it finds that there is no direct or indirect business interest by the property owner, his or her officers or stockholders, if any, or members of his or her immediate family, as defined in MGL c. 268A, § 1, in the business or activity conducted in or on said property.
This article shall not apply to the following licenses and permits: open burning permits, MGL c. 48, § 13; bicycle permits, MGL c. 85, § 11A; licenses for the sale of articles for charitable purposes, MGL c. 101, § 33; children's work permits, MGL c. 149, § 69; licenses for clubs, societies, associations or other organizations dispensing food or beverages, MGL c. 140, § 21E; dog licenses, MGL c. 140, § 137; fishing, hunting and trapping licenses, MGL c. 131, § 12; marriage licenses, MGL c. 207, § 28; licenses for theatrical events, public exhibitions and the like issued pursuant to MGL c. 140, § 181.
Each licensing authority shall, from time to time, and at least twice each year provide the Collector-Treasurer with information concerning persons who owe any fees, charges or other amounts to the City.