As used in this article, the following terms shall have the
meanings indicated:
ELIGIBLE DELINQUENT TAXES
The delinquent taxes, including interest, penalties and charges,
that have accrued against a parcel as of the date on which an installment
agreement is executed.
ELIGIBLE OWNER
An owner 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 § 1184 of the
Real Property Tax Law and this article.
The Village Administrator of the Village of Buchanan 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 Administrator and
the eligible owner.
The term of the installment agreement shall be 24 months, the
payment schedule shall be semiannual, the required initial down payment
shall be 25% of the eligible delinquent taxes and eligible properties
shall include all properties within the Village of Buchanan.
A property owner shall not be eligible to enter into an agreement
pursuant to this article 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;
B. Such person is the owner of another parcel within the Village 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;
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;
D. Such person defaulted on an agreement executed pursuant to this article
within three years of the date on which an application is made to
execute an agreement pursuant to this article; or
E. Such person owes any other money to the Village.
A property owner shall be eligible to enter into an agreement
pursuant to this article no earlier than 30 days after the delivery
of the return of unpaid taxes to the enforcing officer.
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 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, shall be
that amount as determined pursuant to New York State Real Property
Tax Law § 924-a. The rate of interest in effect on 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.
Pursuant to § 1102, Subdivision (1)(e), of the Real
Property Tax Law and commencing with taxes becoming a lien in __________,
a charge set forth in the Fee Schedule maintained in the office of
the Village Clerk shall be imposed for the reasonable and necessary
cost of title searches required or authorized to satisfy the notice
requirements of the Real Property Tax Law.