[Adopted 4-8-1996 by L.L. No. 1-1996 (Ch.
281, Art. VI of the 1984 Code)]
As used in this article, the following terms
shall have the meanings indicated:
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.
An owner who is eligible to or has entered into an 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 City Manager of the City of Peekskill 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 City Manager
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 City
of Peekskill.
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 City 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 moneys to the City.
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.
A.
The eligible owner shall be deemed to be in default
of the agreement upon:
(1)
Nonpayment of any installment within 30 days from
the payment due date;
(2)
Nonpayment of any tax, special ad valorem levy or
special assessment which is levied subsequent to the signing of the
agreement by the tax district, and which is not paid prior to the
expiration of the warrant of the collecting officer; or
(3)
Default of the eligible owner on another agreement
made and executed pursuant to this article.
B.
In the event of a default, the City shall have the
right to require the entire unpaid balance, with interest and late
charges, to be paid in full. The City shall also have the right to
enforce the collection of the delinquent tax lien pursuant to the
applicable sections of law, special tax act, charter or local law.
C.
Where an eligible owner is in default and the City
does not either require the eligible owner to pay in full the balance
of the delinquent taxes or elect to institute foreclosure proceedings,
the City shall not be deemed to have waived the right to do so.
A.
Within 45 days after receiving the return of unpaid
taxes from the collecting officer, the enforcing officer shall notify,
by first-class mail, all potential eligible owners of their possible
eligibility to make installment payments on such tax delinquencies.
The enforcing officer shall add $1 to the amount of the tax lien for
such mailing.
B.
The failure to mail any such notice, or the failure
of the addressee to receive the same, shall not in any way affect
the validity of taxes or interest prescribed by law with respect thereto.
C.
The enforcing officer shall not be required to notify
the eligible owner when an installment is due.
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.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
Pursuant to § 1102(1)(e) of the Real Property Tax
Law and commencing with taxes becoming a lien in 1995, a charge set
forth in the Consolidated Fee Schedule maintained in the office of
the City 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.
