[Adopted 9-2-2008 by Ord. No. 92]
The purpose of the following article is to establish fair and equitable guidelines for all taxpayers and to aid in the efficient operation of municipal government and its agencies within the Town of Wolcott. It is the intent of the Town of Wolcott that all taxes must be paid in full before any contract is awarded, permits are issued, or vendors are paid. It is not the intent of this article to punish or penalize any taxpayer but rather to be fair to all paying taxpayers by encouraging the payment of outstanding taxes.
As used in this article, the following terms shall have the meanings indicated:
DELINQUENT AMOUNTS
Any delinquent real or personal property taxes, any delinquent sewer assessments or usage charges, or any delinquent water assessments or usage charges, and any interest, fees and charges thereon.
PERSON
Any individual, firm, company, limited-liability company, partnership, association, society, corporation, group, or other entity or any officer, director, member (managing or otherwise), stockholder, agent, or partner of said firm, company, limited-liability company, partnership, association, society, corporation, group or other entity.
A. 
No official or agent of the Town of Wolcott, or any member of any board, office, department, commission or agency thereof, shall issue a certificate of occupancy, zoning, building, inland wetlands, driveway or any other permit for the use of or improvements to real property to any owner thereof or other applicant from whom any delinquent amounts are owed to the Town of Wolcott or for any real property for which any delinquent amounts are owed to the Town, except as provided in § 320-19 below.
B. 
At the time any such application for a certificate or permit is filed, the applicant shall submit to the appropriate Town official having authority to issue such certificate or permit sufficient written evidence from the Wolcott Tax Collector that there are no delinquent amounts due to the Town from the owner of the real property for which said application is made and from the applicant if other than the owner.
C. 
This section shall not be deemed to apply to those applications for permits which involve repair or construction work ordered by a public agency or for emergency work to be performed for public health and/or safety concerns, nor shall it apply to those applicants who are making improvements to their real property with loans or grants received under any state and/or federal rehabilitation programs.
No payment shall be made by the Treasurer of the Town of Wolcott or by any other Town official, department head, employee, board, commission or agency to any person who has sold goods or provided services to the Town or to any board, office, department, commission or agency thereof, if, at the time said payment is due, it is determined that said person owes delinquent amounts to the Town, provided that no such payment to be withheld shall exceed the delinquent amounts owed at the time of the withholding. Any such sums withheld pursuant to this section shall be paid to the Tax Collector and applied against the outstanding delinquent amounts owed by such person, first to any outstanding interest, fees and charges and then to the outstanding principal balance. This section shall not apply to the payment of wages to employees of the Town of Wolcott, or any board, office, department, commission, or agency thereof.
A. 
Notwithstanding anything provided hereinbefore to the contrary, no certificate or permit under § 320-17 hereof shall be withheld if the person owing said delinquent amounts has entered into a written agreement with the Town of Wolcott, by and through the Wolcott Tax Collector, which shall provide for an immediate payment to the Town of all outstanding interest, fees and charges included in said delinquent amounts and at least 1/2 of the principal balance owed, and a payment plan requiring the balance of said delinquent amounts to be paid in equal monthly installments over a period of no greater than 24 months from the date of said agreement. In the event any person owing delinquent amounts is unable to enter into such agreement with the Tax Collector as a result of severe financial hardship, such person may propose to said Tax Collector an alternate method for paying said delinquent amounts which, if acceptable to the Tax Collector, shall be subject to the approval of the Town Council. In either event, interest shall continue to accrue on said delinquent amounts at the rate allowed by law. Any such payment agreement shall be in addition to, and not in lieu of, any and all other collection methods and remedies available to the Tax Collector as allowed by law.
B. 
In the event any person enters into a written agreement with the Tax Collector as provided hereinbefore, or proposes an alternate method of paying said delinquent amounts, which proposal is acceptable to the Tax Collector and approved by the Town Council, proof of any such agreement or approval shall be delivered to the appropriate Town official having authority to issue such certificate or permit prior to the issuance of such certificate or permit.
C. 
The exception provided in Subsection A of this section and any agreement entered into pursuant thereto shall be for the sole purpose of allowing a person owing delinquent amounts to obtain a certificate or permit and shall not in any way constitute, or to be construed to constitute, an agreement by the Town of Wolcott or the Tax Collector to forebear the collection of said delinquent amounts during the period of the approved monthly payment plan. The Tax Collector shall continue to have the right to exercise all powers allowed by law to collect said delinquent amounts sooner than set forth in said agreement and at no time shall the Town be required to stay or forestall any other collection methods or remedies during such period.
If the "person" as defined in § 320-16 owes any money to the Town of Wolcott, said person shall be deemed ineligible to bid any municipal project until such time as payment is made or arrangements are made in accordance with § 320-19C above.
The Treasurer and Tax Collector of the Town of Wolcott shall coordinate their activities so that the purpose and intent of this article may be carried out. All other officials, department heads and employees of the Town shall coordinate their activities with those of the Tax Collector and Treasurer in a like manner.
Any person entering into any contract with the Town of Wolcott or doing business with the Town shall be deemed to have expressly consented and agreed to the terms of § 320-18 of this article, which terms shall become an integral part of the contract or agreement between such person and the Town, even if not specifically set forth in said contract or agreement.
All invitations to bid extended to prospective bidders in the award of municipal contracts subject to the public bidding procedure provided in Section 707(c) of the Town of Wolcott Charter shall include a reference to this article; provided, however, that the failure of any invitation to bid to include such reference shall in no way affect the validity of the invitation or the applicability of this article.