[Adopted 4-24-2006 by L.L. No. 6-2006]
The Town Board finds that certain costs incurred
by the Town, or fees owed to the Town, related to individual properties
remain unpaid, unreimbursed or uncollected due to the legal costs
of collection and due to the unavailability of the property owner
to local or state court jurisdiction. This situation adversely affects
the public fiscally and unnecessarily burdens the taxpayers of the
Town with costs and expenses incurred for the benefit of individual
properties. Village Law §§ 4-414 and 5-518 provide
a mechanism for assessment of such costs by villages, but the Town
Law does not contain the analogous procedure. The Town Board finds
that Municipal Home Rule Law § 10 (ii)(a)(9-a) provides
that the Town may adopt a local law related to the fixing, levy, collection
and administration of local government rentals, charges, rates or
fees, penalties and rates of interest thereon, liens on local property
in connection therewith and charges thereon and that the Town may,
pursuant to MHRL § 10 (ii)(d)(3), adopt a local law amending
or superseding the Town Law, notwithstanding it is a general law,
unless the legislature expressly shall have prohibited the adoption
of such a local law. The Town Board finds no express or implied prohibition
of adopting a law similar to Village Law § 4-414.
Whenever an owner of property is required by
general, special or local law, or by any agreement or stipulation
with the Town, to make an improvement, perform any work, pay any fee,
cost or expense on or related to such property in the interest of
public safety, health or comfort, and general welfare, and such owner
shall fail to make the improvement or to perform the work or act required,
or to pay the fee, cost or expense, and the Town Board shall cause
such improvement, work or act to be done on such property, or a contract
has been awarded therefor by the Board, or the fee, cost or expense
has been determined to be due and remains unpaid, then the cost of
such improvement, work or act and/or the fee, cost or expense may
be assessed, levied and collected as provided herein. The amounts
which may be assessed, levied and collected herein shall include all
professional fees incurred by the Town, not limited to legal fees,
in relation to violations of law existing on any such property, or
for any fees incurred in relation to applications respecting such
property.
All amounts which are assessed in accordance
with the procedure herein shall have added thereto 10% of the original
amount billed or noticed as an administrative fee. All amounts which
may be assessed shall have added thereto accrued interest in the amount
of 9% per annum through December 31.