[HISTORY: Adopted by the City Council of
the City of Lowell as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
