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:
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MGL Chapter 48, § 13
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open burning
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MGL Chapter 85, § 11A
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bicycle permits
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MGL Chapter 101, § 33
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sale of articles for charitable purposes
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MGL Chapter 131, § 12
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fishing, hunting, trapping license
|
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MGL Chapter 149, § 69
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children work permits
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MGL Chapter 140, § 21E
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clubs, associations dispensing food or beverage licenses
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MGL Chapter 140, § 137
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dog licenses
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MGL Chapter 140, § 181
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theatrical events, public exhibition permits
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MGL Chapter 207, § 28
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marriage licenses
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(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:
