[Adopted 6-22-2004 (Title 4, Ch. 4.24, of the 1986 Code)]
This article is adopted pursuant to the authority of MGL c. 40,
§ 21 and MGL c. 40, § 58, as amended, and
any other relevant statutes and regulations promulgated pursuant thereto.
The purpose of this article is to establish a municipal charges
lien program to provide a cost-effective method of collecting a charge
and/or fee assessed against an owner of real property in the City
of Springfield who fails and/or refuses to pay said charge and/or
fee when due, by placing a lien upon the real estate owned by the
property owner.
The municipal charges lien shall apply to the following municipal
charges and/or fees:
A.
Charges or penalties for violations of the general ordinances of
the City, including interest and all costs to record said lien(s)
in the Hampden County Registry of Deeds.
B.
Charges or penalties for violations of the zoning ordinances of the
City, including interest and all costs to record said lien(s) in the
Hampden County Registry of Deeds.
C.
Charges or penalties for violations of the Massachusetts state sanitary
codes, including interest and all costs to record said lien(s) in
the Hampden County Registry of Deeds.
D.
Charges or penalties for violations of the Massachusetts state building
codes, including interest and all costs to record said lien(s) in
the Hampden County Registry of Deeds.
The municipal charges lien will take effect upon the recording
of a statement of unpaid municipal charges and fees, setting forth
the amount due, including recording cost, and any administrative fee,
the address(es) of the land to which the lien is to apply and the
name of the assessed owner.
A.
The Tax Collector shall be in charge of collecting the lien.
B.
The City Clerk shall notify the issuing department head of all tickets
that have been paid or appealed to the courts at the end of each month.
C.
The issuing department head shall prepare a statement of municipal
charges liens for each person from the list(s) received from the City
Clerk or person responsible for collecting the charge, fee or penalty
and shall forward said statement of lien to the Tax Collector, who
shall cause said statement(s) to be recorded in the Hampden County
Registry of Deeds.
A.
If the charge or fee secured by the lien is unpaid when the Assessors
are preparing the real estate list and warrant, the Tax Collector
shall certify the charge, fee or penalty to the Assessors' Department
and the Assessors shall add the charge, fee or penalty to the next
property tax bill to which it relates, and commit it with the warrant
to the Tax Collector as part of the tax.
B.
If the property to which the charge fee relates is tax-exempt, the
charge or fee shall be committed as a tax on said property.
The municipal charges lien may be discharged by the filing of
a certificate from the Tax Collector that all municipal charges or
fees constituting a lien, together with any interests and costs, have
been paid or legally abated.
The issuing department head or City Clerk, prior to a charge or fee being certified to the Assessors by the Tax Collector under § 42-19, may abate any charge or fee for justifiable cause, which shall be effective upon the issuing of a written statement setting forth said cause, and filing of said statement with the Tax Collector.
