The town manager shall, subject to confirmation by the town council, appoint an auditor who shall annually, in accordance with generally accepted auditing standards for governmental financial audits, audit all town accounts and financial statements with regard to compliance with applicable laws, regulations, contract provisions and/or grant agreements. The audits may be made by a certified public accountant, or firm of such accountants, who have no personal interest, direct or indirect, in the fiscal affairs of the town. All documents and reports presented to the town or any employee thereof, by the auditor as a result of said audit shall, upon submission, be filed with the town clerk and shall be deemed public records. (Charter § 8-1-1; Article IV, § 1)
[Amended 4-22-2019]
5-102.1. 
Sanctions to be Imposed. The town may, as authorized by MGL Chapter 40, Section 57, 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 has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, including amounts assessed under the provisions of Section 21D of MGL Chapter 40 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 whose owner has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges.
5-102.2. 
Notice of Tax Delinquency. The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to 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, 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.
5-102.3. 
Written Notice Required Before a Suspension or Revocation May 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 tax 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 tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party.
5-102.4. 
Hearing. The tax 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 purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension.
5-102.5. 
Reissuance or Renewal of License or Permit. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax 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 municipality as the date of issuance of said certificate.
5-102.6. 
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.
5-102.7. 
Waiver by Town Manager. The town manager may waive such denial, suspension or revocation if it 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 Section 1 of Chapter 268A in the business or activity conducted in or on said property.
5-102.8. 
Exceptions. This section shall not apply to the following licenses and permits:
MGL Chapter 48, § 13
open burning
MGL Chapter 85, § 11A
bicycle permits
MGL Chapter 101, § 33
sale of articles for charitable purposes
MGL Chapter 131, § 12
fishing, hunting, trapping license
MGL Chapter 149, § 69
children work permits
MGL Chapter 140, § 21E
clubs, associations dispensing food or beverage licenses
MGL Chapter 140, § 137
dog licenses
MGL Chapter 140, § 181
theatrical events, public exhibition permits
MGL Chapter 207, § 28
marriage licenses
(See Article IV, § 4)
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, for whatever purpose, shall be due on the thirty-first day following the date such bill has been issued.
Interest shall be added to any balance which remains unpaid after such thirty-first day at the same rate as is provided in Section 57 of Chapter 59 of the General Laws.
Any municipal agency or officer 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, wherein the entire proceeds of the fee remain with the town,, 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 Chapter 40, § 22F. All elected officers or agencies, other than the school committee, shall consult with the town manager prior to establishing charges and fees pursuant to this section. No charge or fee established pursuant to this section by any municipal agency or officer appointed by the town manager shall take effect until approved by the town manager. A charge or fee established or revised pursuant to this section shall take effect only upon filing with the town clerk.
A fee or charge imposed pursuant to this section shall supersede fees or charges already in effect as of the date the Town Council’s acceptance of G.L. c.40, §22F takes effect, or any limitations on amounts placed thereon for such service, work, license, permit or certificate; provided, however, that this section shall not supersede the following provisions of the General Laws: Chapter.6A, §§31 to 77 inclusive, Chapter.138, Chapter 80, Chapter 140, §§ 121 to 131N inclusive; Chapter 83, Chapter 148, § 10A. Further, the provisions of this section shall not apply to any certificate, service or work required by Chapters 50 to 56, inclusive, or by Chapter 66 of the General Laws.
Transitional Provision
The fee or charge being collected on the date the town council accepts G.L. c.40, §22F for any license, permit, certificate, service or work shall be continued in effect and utilized until a new fee or charge is fixed under the authority of this section.
The town manager shall be the chief procurement officer of the Town of Southbridge for purposes of MGL Chapter 30B and, in addition, shall have all of the powers of a purchasing agent, as provided in MGL Chapter 41, Section 103. The town manager, acting as chief procurement officer and as purchasing agent, may delegate all, or any portion of the responsibility for purchases and procurements to other officers and agencies, but, notwithstanding any such delegation shall retain the authority to supervise 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 annually file a report 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 Chapter 44, Section 53C, the funds in such account may be used, without further appropriation, to compensate the employee for such services. A surcharge of ten percent of the cost of such services shall be added to the fee charged by the municipal agency for the service which shall be paid by the person requesting the service, and such surcharge shall be credited to the General Fund created by MGL Chapter 44, Section 53.
5-108.1. 
Personal Property. Subject to such regulations regarding such disposition as may be promulgated by the town manager, the disposal of surplus personal property shall be governed by the provisions of MGL Chapter 30B, Section 15.
5-108.2. 
Real Property. Subject to such regulations regarding such disposition as may be promulgated by the town manager, the disposal of surplus real property shall be governed by the provisions of MGL Chapter 30B, Section 16.
A municipal charges lien shall take effect upon the recording of a list of unpaid municipal charges and fees by parcel of land and the name of the person assessed for the charge or fee in the Worcester County Registry of Deeds.
If the charge or fee secured by a municipal charges lien remains unpaid when the board of assessors is preparing a real estate tax list and warrant to be committed under Section 53 of Chapter 59 of the General Laws, the town collector shall certify such charge or fee to the assessors, who shall forthwith add such charge or fee to the tax on the property to which it relates and commit it with their warrant to the town collector as part of such tax. If the property to which such charge or fee relates is tax exempt, such charge or fee shall be committed as the tax. A lien imposed under MGL Chapter 40, Section 58 may be discharged by filing a certificate from the town collector that all municipal charges or fees constituting the lien, together with any interest or costs thereon, have been paid or legally abated. All costs of recording or discharging a lien under MGL Chapter 40, Section 58 shall be borne by the owner of the property.
The following municipal charges and fees have been voted as municipal charges liens under the provisions of MGL Chapter 40, Section 58:
1. 
Unpaid ambulance charges.
2. 
Unpaid charges imposed under the provisions of MGL Chapter 40, Section 21D as outlined in these By-laws.