As used in this article, the following terms shall have the
meanings indicated:
ELIGIBLE DELINQUENT TAXES
The delinquent taxes, including interest, penalties and charges,
which have accrued against a parcel as of the date on which an installment
agreement is executed.
ELIGIBLE OWNER
An owner of real property who is eligible to or has entered
into an installment agreement.
INSTALLMENT AGREEMENT
A written agreement between an eligible owner and the enforcing
officer providing for the payment of eligible delinquent taxes in
installments pursuant to the provisions of Real Property Tax Law § 1184
and this article.
The Village of Delhi Treasurer, the enforcing officer of the
Village of Delhi, is authorized to enter into an installment agreement
providing for the payment of eligible delinquent taxes in installments
with property owners. Such installment payment of eligible delinquent
taxes shall be made available to each eligible owner on a uniform
basis pursuant to the provisions of the New York State Real Property
Tax Law and this article. Such installment payments of eligible delinquent
taxes shall commence upon the signing of an agreement between the
Village of Delhi Treasurer and the eligible owner. The agreement shall
be kept on file in the office of Treasurer of the Village of Delhi.
The maximum term of the installment agreement shall not exceed
24 months.
The payment schedule shall be monthly, bimonthly, quarterly
or semiannually.
A down payment of 25% of the eligible delinquent taxes shall
be paid at the time an installment agreement is executed. The down
payment shall first be applied to all administrative fees or penalties
and then to the oldest year's delinquent taxes, plus interest.
There shall be a minimum processing fee of $25 per parcel, which
will be in addition to the down payment. The Board of Trustees may
amend the processing fee from time to time by resolution.
The amount due under an installment agreement shall be the eligible
delinquent taxes, plus the interest that is to accrue on each installment
payment, up to and including the date on which each payment is to
be made. The agreement shall provide that the amount due shall be
paid, as nearly as possible, in equal amounts on each payment due
date. Each installment payment shall be due on or before the last
day of the month in which it is to be paid. All monthly payments shall
be applied first to the oldest year's taxes, plus interest, until
paid in full.
There shall be no penalty for prepayment or additional payments
of the installment agreement in part or in full. Any adjustments to
the payment schedule shall be applied to the last payment(s). Monthly
payments are still required regardless of whether prepayment or additional
payments are made.
Interest on the total amount of eligible delinquent taxes, less
the amount of the down payment made by the eligible owner, if any
is required, shall be that amount as determined pursuant to New York
State Real Property Tax Law § 924-a, or such other law as
may be applicable. The rate of interest in effect of the date the
agreement is signed shall remain constant during the period of the
agreement. If an installment is not paid on or before the date it
is due, interest shall be added at the rate prescribed by New York
State Real Property Tax Law § 924-a for each month or portion
thereof until paid. In addition, if any installment is not paid by
the end of the 15th calendar day after the payment due date, a late
charge of 5% of the overdue payment shall be added.
The provisions of this article shall not affect the tax lien
against the property except that the lien shall be reduced by the
payments made under an installment agreement, and that the lien shall
not be foreclosed during the period of installment payments, provided
that such installment payments are not in default.