All purchases and procurements shall be made in accordance with
the procedures established in MGL c. 30B. Notwithstanding the establishment
of any office or agency with a specific responsibility to purchase
and procure goods and services for the Town of Weymouth, it shall
be understood that the Mayor shall retain authority over every purchase
and procurement.
The Town Treasurer shall be the custodian of all funds given
or bequeathed to the Town for any purpose and shall manage and invest
such sums in the same manner and with the same restrictions as apply
to how other municipal funds are managed and invested. The Town Treasurer
shall file a report annually with the Office of the Mayor, a copy
of which shall be printed in the Annual Town Report, which shows the
beginning balance in each fund, the interest earned during the year
just ended, the amount expended (and unless an account is given elsewhere,
the purposes for which such funds were expended) and the ending balance
in each such account.
All money received by the Town as compensation for work performed
by one of its employees on an off-duty work detail shall be deposited
in the Town treasury and kept in a fund separate from other municipal
funds. As provided in MGL c. 44, § 53C, the funds in such
account may be used, without further appropriation, to compensate
Town employees for such services. A surcharge of 10% shall be added
to the fee charged by the municipal agency for the service, which
shall be paid by the person requesting the service. This fee shall
be to cover the cost of administering the fund.
(a)
Personal property. Subject to such regulations regarding the disposition
of surplus property as may be promulgated by the Director of Municipal
Finance, the disposal of surplus personal property shall be governed
by the provisions of MGL c. 30B, § 15.
(b)
Real property. Subject to such regulations regarding the disposition
of real property as may be promulgated by the Director of Municipal
Finance, the disposal of surplus real property shall be governed by
the provisions of MGL c. 30B, § 16.
Any municipal agency which is otherwise authorized to issue
a license, certificate or permit, or to render a service or to perform
work for a person or class of persons, may from time to time fix a
reasonable fee for the license, certificate, permit or for rendering
the service or for performing the work in the manner provided in MGL
c. 40, § 22F.
No municipal agency shall establish a fee or charge pursuant
to this section without the prior review and consent of the Mayor,
or, if the agency is appointed by the School Committee, without the
consent of the School Committee.
The Town may deny any application for, or revoke or suspend
a building permit or any local license or permit, including renewals
and transfers, issued by any board, officer, department for any person,
corporation or business enterprise who or which has neglected or refused
to pay any local taxes, fees, assessments, betterments or other municipal
charges, including amounts assessed under the provisions of MGL c.
40, § 21D, 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 to be carried out or exercised on or about real
estate the owner of which has neglected or refused to pay any local
taxes, fees, assessments, betterments or any other municipal charges.
(a)
Notice to Town agencies of tax delinquency. The Treasurer-Collector
or other municipal officials responsible for records of all municipal
taxes, assessments, betterments and other municipal charges, hereinafter
referred to as the "Treasurer-Collector," shall annually furnish 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.
(b)
Written notice to be given before suspension or revocation take effect.
The licensing authority may deny, revoke or suspend any license or
permit, including renewals and transfers, of any party whose name
appears on said list furnished to the licensing authority from the
Treasurer-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
Treasurer-Collector; provided, however, that written notice is given
to the party and the Treasurer-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.
(c)
Hearing. The Treasurer-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 purpose of such proceedings and shall not be relevant to or
introduced in any 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 licensing authority receives a certificate issued by the
Treasurer-Collector that the party is in good standing with respect
to any and all local taxes, fees, assessments, betterments or other
municipal charges payable to the Town as of the date of issuance of
said certificate.
(d)
Payment agreement. 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
the 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 be given
notice and a hearing as required by applicable provisions of law.
(e)
Waiver. The Mayor may waive such denial, suspension or revocation
if he finds 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. 268B, § 1, in
the business or activity conducted in or on said property.
[Amended 6-20-2016 by Ord. No. 16-095]
(f)
Exceptions. This section shall not apply to the following licenses
and permits granted under the Massachusetts General Laws:
|
Citation
|
Permit or License
|
|---|---|
|
MGL c. 48, § 13
|
Open burning
|
|
MGL c. 85, § 11A[1]
|
Bicycle permits
|
|
MGL c. 101, § 33
|
Sales of articles for charitable purposes
|
|
MGL c. 149, § 69
|
Children's work permits
|
|
MGL c. 140, § 21E
|
Clubs, associations dispensing food or beverages licenses
|
|
MGL c. 140, § 137
|
Dog licenses
|
|
MGL c. 131, § 12
|
Fishing, hunting, trapping licenses
|
|
MGL c. 207, § 28
|
Marriage licenses
|
|
MGL c. 140, § 181
|
Theatrical events, public exhibition permits
|
[1]
Editor's Note: This section of state law was repealed by St.
2008, c. 525, § 2.
Unless some other provision is made by law which permits a longer
time for payment, all bills for the payment of any sum due to the
Town of Weymouth, for whatever purpose, shall be due on the 31st day
following the date such bill has been issued.
Interest shall be added to any balance which remains unpaid
after such 31st day at the same rate as is provided in MGL c. 59, § 57.
[Amended 6-21-2021 by Order No. 21-082]
(a)
In accordance with the provisions of MGL c. 60, § 62A,
the Treasurer may enter into payment agreements with the owner of
an eligible property in tax title. The eligibility criteria and terms
are as follows:
1.
Eligible
categories. The category of eligible tax titles shall include any
property taxed as either commercial or residential property;
2.
Payment
agreement. The agreement shall be in writing, dated, and signed by
the taxpayer and Treasurer, and shall include a schedule of payments;
3.
Initial
payment. Taxpayers must pay at least 25% of the total amount due at
the inception of the agreement;
4.
Interest
waiver. The Treasurer, after receipt of the initial payment, and all
terms of the agreement have been complied with, may waive up to 50%
of the interest accrued in the tax title account. No taxes or collection
costs may be waived;
5.
Term
of payment agreements. Payment agreements shall be offered for a maximum
of five years. All current taxes and fees owed to the Town must be
current and accounts in good standing. Nonadherence to the terms of
the plan will nullify the agreement and a new agreement cannot be
started in the same fiscal year.
Any municipal agency may accept grants, gifts, or bequests of
funds from any other level or unit of government, from a charitable
entity, from a private corporation, or from an individual or group
of individuals when such funds are to be expended for purposes within
the jurisdiction of said municipal agency.
A municipal agency may expend up to $5,000 annually, in the
aggregate, from the funds in any such account, with the approval of
the Mayor, for the purposes as specified in the gift or grant or bequest.
Sums in excess of $5,000 may be expended only with the approval of
the Town Council.
The Treasurer/Collector shall maintain a list of all such funds
as may be established pursuant to this section, which listing shall
be kept in a place convenient for public examination during regular
office hours. A summary of the receipts and disbursements in each
account so established shall be published annually in the Town Report.
This section is designed to implement and apply the provisions
of MGL c. 44, § 53A.
