[Adopted 11-27-2000 by L.L. No. 3-2000]
The Oswego Common Council hereby finds it appropriate to provide taxpayers with the opportunity to pay delinquent taxes by means of installment payment agreement.
As used in this article, the following terms shall have the meanings indicated:
ELIGIBLE DELINQUENT TAXES
The delinquent taxes, including interest, penalties and other charges, which have accrued against a parcel as of the date on which an installment agreement is executed.
ELIGIBLE OWNER
An owner of real property who is eligible to or has entered into an installment agreement.
INSTALLMENT AGREEMENT
A written agreement between an eligible owner and the City Treasurer providing for the payment of eligible delinquent taxes in installments pursuant to the provisions of this article.
PRINCIPAL
The amount of the delinquent tax, excluding all interest, penalties and other charges.
Installment payment of eligible delinquent taxes shall be available to each eligible owner on a uniform basis pursuant to the provisions of this article. Such installment payment of eligible delinquent taxes shall commence upon the signing of an agreement between the Oswego City Treasurer and the eligible owner. The agreement shall be kept on file in the office of the Oswego City Treasurer.
The installment agreement shall be on the following terms and conditions:
A. 
The term of the agreement shall be two years or 24 months.
B. 
The amount due under the agreement shall be the eligible delinquent tax plus the interest that is to accrue on each installment payment.
C. 
The amount due shall be paid, as nearly as possible, in equal amounts, semiannually, on the last day of the month in which it is to be paid.
D. 
Upon execution of the agreement, the eligible owner shall pay to the Oswego City Treasurer a sum equal to 25% of the eligible delinquent taxes.
E. 
Payments shall be applied first to interest, penalties and other charges and then to principal.
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 § 924-a of the Real Property Tax Law. 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 § 924-a of the Real Property Tax Law for each month or portion thereof until paid. In addition, if an installment is not paid by the end of the fifteenth calendar day after the payment due date, a late charge of five percent 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 thirty 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 of Oswego shall require the entire unpaid balance, with interest and late charges, to be paid in full. The City of Oswego 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 of Oswego 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 of Oswego shall not be deemed to have waived the right to do so.
A property owner shall be eligible to enter into an agreement pursuant to this article no earlier than thirty days after the delivery of the return of unpaid taxes to the Oswego City Treasurer.
A. 
Within 45 days after receiving the return of unpaid taxes from the collecting officer, or as soon thereafter as is practicable, the Oswego City Treasurer shall notify, by first class mail, all potential eligible owners of their possible eligibility to make installment payments on such tax delinquencies. The Oswego City Treasurer shall add one dollar 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.
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 person and such delinquent tax lien are 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 of Oswego 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.
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.