[HISTORY: Adopted by the Township Council of the Township of Pemberton: Art. I, 5-6-1991 as Ord. No. 11-1991. Amendments noted where applicable.]
Licensing of contractors — See Ch. 88.
Article I Payment of Outstanding Taxes
[Adopted 5-6-1991 as Ord. No. 11-1991]
As a condition to the issuance or renewal of any license or permit issued by or requiring the approval of the municipality, the applicant shall provide proof of payment of all taxes or assessments on the property; or proof that the applicant is not an owner of the property.
No license or permit shall be issued or renewed unless and until the applicant has demonstrated that all property taxes or assessments on the property have been paid and are current or, alternatively, that the applicant is not an owner of the property.
As used in this Article, the following terms shall have the meanings indicated:
- DESIGNATED OFFICIAL
- Any person, agent, servant, employee or representative appointed by ordinance, resolution, regulation or directive of the Mayor or Township Council to perform the duties set forth herein.
- Any person, firm, partnership, association, company, corporation, organization, trust, estate or other entity having a legal or equitable interest in the property; it shall also include any tenant of the property whose lease or rental agreement affords the tenant an option to purchase the property. If the "owner" is a partnership, it shall also include any member of such partnership. If the "owner" is a corporation, it shall include a person who possesses any shares of stock in such corporation.
- The property or realty wherein the business or activity for which the license or permit is sought is to be conducted.
- TAXES and ASSESSMENTS
- All municipal taxes and assessments as provided for by general law, and shall include but not necessarily be limited to local real property taxes, municipal utility liens, trash collection fees, water and sewer liens/assessments and the like.
Upon determination by the municipality or its designated official that the owner of property upon which the licensed business or activity is conducted has failed to pay the taxes due on the property for at least three consecutive quarters, the municipality may revoke or suspend the license or permit of said owner in accordance with the following procedures: Prior to the suspension or revocation of a license or permit under this Article, the municipality, through its designated official, shall serve written notice, by certified and regular mail, to the licensee or permittee at the address indicated on said license or permit that the taxes due on the subject property have been delinquent for at least three consecutive quarters. Said notice shall also provide that the licensee or permittee shall pay the taxes due on the property within 10 days of receipt of the notice. No revocation or suspension of the license or permit shall take place prior to the expiration of this ten-day period.
Upon receipt of the notice of delinquent taxes, the licensee or permittee who is an owner of the subject property shall have 10 days to either pay said taxes or notify the Township Clerk that he/she contests the delinquency of payment of taxes on the property and to request a hearing before the Township Council. Upon receipt of the licensee's or permittee's notice and request for hearing, the Township Clerk shall, within 30 days thereof, schedule a hearing before the Township Council.
At the hearing, the licensee or permittee shall have the opportunity to present such proofs as he/she deems necessary, and the Township Council shall make such inquiry as it deems appropriate.
Within 20 days after the date of the hearing, the Township Council shall render a written decision.
If the licensee or permittee requests a hearing pursuant to the provisions hereof, the license or permit shall not be suspended or revoked until such time as the Township Council renders its written decision.
Upon revocation or suspension of a license or permit under the provisions hereof, the licensee or permittee shall be prohibited from conducting or permitting the operation of the business or activity which is the subject of the license or permit on the property.
Upon suspension or revocation, the licensee or permittee may pay the delinquent taxes or assessments. Upon proof of payment of the delinquent taxes or assessments to the municipality or its designated official, the license or permit shall be restored.
Any person, firm, corporation or entity violating any of the provisions of this Article shall be liable to a fine or penalty not less than $100 or more than $1,000 for each offense or by imprisonment for a term not exceeding 90 days or for a term of community service not exceeding 90 days. Each day that a violation occurs or is committed shall constitute a separate offense.