[HISTORY: Adopted by the City Council of the City of Northampton as indicated in article histories. Amendments noted where applicable.]
Article I Failure to Pay Taxes or Charges
[Adopted 5-21-1992 (Ch. 14, § 14-21, of the 1977 Code)]
As used in this article, the following terms shall have the meanings indicated:
- LICENSING AUTHORITY
- The board, commission, department, officer, or other City entity which issues a permit or license.
- MUNICIPAL CHARGE
- Any charge established, required, or imposed by any board, commission, department, officer, or other entity of the City of Northampton for services of personnel or equipment, use of facilities, charges for utilities, goods/materials/equipment supplied or used, or other activities performed by the City, its employees or agents.
- OVERDUE OBLIGATION
- Any local tax, assessment, betterment, fee, or municipal charge which remains unpaid for 12 months or more after its due date unless said tax, etc., is the subject of a pending application for abatement or of a pending appeal before the Appellate Tax Board.
Any licensing authority of the City may deny, suspend, or revoke any license or permit issued by said licensing authority, including any transfers or renewals of said license or permit, with the exception of those licenses and permits set out in § 208-7 if the applicant or holder thereof has any outstanding overdue obligation.
The City Collector shall annually, in the month of June, for all municipal commitments which are under his control, issue a list of all persons, corporations, or business entities which have an overdue obligation to the City. Any other official of the City having control of records of municipal charges not committed to the City Collector shall annually, in the month of June, issue a similar list of overdue obligations. Said lists shall be supplied to all licensing authorities within the City.
A licensing authority may deny, revoke, or suspend any license or permit held by any person, corporation, or business entity appearing on any list of overdue obligations. Prior to taking such action, the licensing authority shall give written notice, as required by the applicable provisions of law, to the party responsible for the overdue obligation and to the Tax Collector of the intended action and shall give said party a hearing on the proposed action, said hearing to be held not earlier than 14 days after said notice. The list of overdue obligations shall be prima facie evidence for denial, revocation, or suspension of the license or permit. Any findings made by the licensing authority in connection with a denial, revocation, or suspension shall not be relevant to or introduced in any other proceeding at law except for an appeal from said denial, revocation, or suspension. The City Collector may intervene in any hearing held hereunder.
Any license or permit which is denied, revoked, or suspended under this article shall not be issued, reissued, renewed or reinstated until the licensing authority receives a certificate from the City Collector stating that the applicant for or holder of said license or permit is in good standing with respect to any and all local taxes, fees, assessments, or other municipal charges payable to the City as of the date of issuance of said certificate.
The licensing authority shall give any applicant for or holder of a license or permit who has an overdue obligation the opportunity to enter into a payment agreement for satisfaction of said overdue obligation. Upon execution of any such agreement, the licensing authority shall issue a certificate, to be displayed with said license, indicating that said license or permit is conditioned upon satisfactory compliance with the payment agreement. Failure to comply with the payment agreement shall be grounds for the suspension or revocation of the license or permit following notice and hearing as required by the applicable provisions of law.
The following licenses and permits shall not be subject to the provisions of this chapter (All references are to the Massachusetts General Laws.):
Chapter 48, § 13 (open air burning).
Chapter 85, § 11A (bicycle permits).
Chapter 101, § 33 (sales for charitable purposes).
Chapter 140, § 21E (clubs dispensing food or beverages).
Chapter 140, § 137 (dog licenses).
Chapter 131, § 12 (fishing/hunting/trapping license).
Chapter 207, § 28 (marriage license).
Chapter 140, § 181 (public exhibition/theatrical permits).