[HISTORY: Adopted by the City Council of the City of Lowell as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 150.
[Adopted 11-9-1993 (Ch. 11, Art. IX of the 1988 Code)]
The Tax Collector of the City of Lowell responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the "Tax Collector," shall annually furnish to each department, board, commission or division, hereinafter referred to as the "licensing authority," that issues licenses or permits, including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the "party," that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve-month period and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the Appellate Tax Board, as verified by the Board of Assessors.
[Amended 10-4-1994; 12-10-1996]
The licensing authority may deny, revoke or suspend a building permit or any license or permit, including renewals and transfers, of any party whose name appears on said list furnished to the licensing authority from the Tax Collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the Tax Collector; provided, however, that written notice is given to the party and the Tax Collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than 14 days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the Tax Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, including amounts assessed under the provisions of MGL c. 40, § 21D, payable to the municipality as of the date of issuance of said certificate.
Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit, and the validity of said license shall be conditioned upon satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder is given notice and a hearing as required by applicable provisions of law.
The City Manager may waive such denial, suspension or revocation if he/she finds that there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his 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 issued under Massachusetts General Laws: open burning under MGL c. 48, § 13; bicycle permits under MGL c. 85, § 11A; sales of articles for charitable purposes under MGL c. 101, § 33; children work permits under MGL c. 149, § 69; clubs and associations dispensing food or beverage licenses under MGL c. 140, § 21E; dog licenses under MGL c. 140, § 137; fishing, hunting and trapping licenses under MGL c. 131, § 12; marriage licenses under MGL c. 207, § 28; and theatrical events and public exhibition permits under MGL c. 140, § 181.
The City of Lowell reserves the right, by subsequent amendment to this article, to exclude any other local license or permit from the operation of this article.