The Town Board finds that certain costs incurred by the Town,
and fees and penalties owed to the Town, related to individual properties
remain unpaid, unreimbursed or uncollected due to the difficulty and
delay of collection, the legal costs of collection and the unavailability
of the property owner to local or state court jurisdiction. The difficulty
and inability to collect fees, costs, expenses and penalties adversely
affects the public fisc and unnecessarily burdens the taxpayers of
the Town with costs and expenses incurred for the benefit of or because
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 authority and procedure.
The Town Board finds that Municipal Home Rule Law § 10(1)(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. The Board finds
that the Town may, pursuant to MHRL § 10(1)(ii)(d)(3), adopt
a local law amending or superceding 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 local law similar to Village
Law § 4-414 and § 5-518.
Whenever an owner of real property is required by general, special
or local law, or by any agreement or stipulation with the Town, or
by any court of competent jurisdiction, in the interest of public
safety, health or general welfare, to make an improvement to the property
or perform any work or act on the property, or to pay any fee, cost,
expense or penalty related to the property, and such owner shall fail
to make the improvement or perform the work or act required, or to
pay the fee, cost, expense or penalty, the Town Board may cause such
improvement, work or act to be done on such property, by contract
or otherwise, and the Town Board may determine that such fee, cost,
expense or penalty is due and remains unpaid. In such event, the cost
of such improvement, work or act, and/or the amount of such fee, cost,
expense or penalty may be assessed, levied, and collected as provided
herein. The amounts which may be assessed, levied, and collected shall
include all professional fees incurred by the Town, not limited to
legal fees, in relation to causing such improvement, work or act to
be performed, in relation to violations of law existing on such property,
and in relation to applications for approvals or permits concerning
such property.
All amounts which are assessed in accordance with the procedure
herein shall have added thereto, as an administrative fee, 10% of
the original amount billed or noticed. Unpaid assessments shall accrue
interest and penalties at the same rate and in the same manner as
unpaid real property taxes.