The Village shall be entitled to enter into agreements with
delinquent taxpayers for the installment payment of delinquent taxes
by any property owner in the Village of Liberty under the following
conditions:
A. The maximum term of the agreement shall not exceed 24 months;
B. The payment schedule shall be monthly, bimonthly, quarterly or semiannually;
and
C. The required initial down payment, if any, shall not exceed 25% of
the eligible delinquent taxes;
A property owner shall not be eligible to enter into an installment agreement pursuant to this Article
X where:
A. There is a delinquent tax lien on the same property for which the application is made or on another property owned by such person and such delinquent tax lien is not eligible to be made part of the agreement pursuant to this Article
X;
B. Such person is the owner of another parcel within the Village of Liberty on which there is a delinquent tax lien, unless such delinquent tax lien is eligible to be and is made part of the agreement pursuant to this Article
X;
C. Such person was the owner of property on which there existed a delinquent tax lien and which lien was foreclosed within three years of the date on which an application is made to execute an agreement pursuant to this Article
X; or
D. Such person defaulted on an agreement executed pursuant to this Article
X within three years of the date on which an application is made to execute an agreement pursuant to this Article
X.
A property owner shall be eligible to enter into an agreement pursuant to this Article
X no earlier than 30 days after the delivery of the return of unpaid taxes to the Treasurer of the Village of Liberty.
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 installment 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 the last day of
the month in which it is to be paid.
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 Real Property
Tax Law § 1431, Subdivision 2, and Real Property Tax Law
§ 924-A. The rate of interest in effect on the date that
the installment agreement is signed shall remain constant during the
period of the installment agreement. If an installment is not paid
on or before the date it is due, interest shall be added at the applicable
rate for each month or portion thereof until paid. If an 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.
Interest, penalties and fees which would otherwise be imposed pursuant to this Article
X are hereby waived provided that:
A. The financial hardship was caused in substantial part by the owner's
having been ordered to active military duty in the United States Armed
Forces including the reserve components of such armed forces;
B. The deployment lasted for at least six contiguous months, or the
owner was killed in action during such activation; and
C. The owner provides satisfactory written evidence of the foregoing
as follows:
The provisions of this Article
X 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.