Town of Elsmere, DE Article IV Tax Payment Installment Plan

[Adopted 11-9-2006 by Ord. No. 474]

§ 204-21 Authority to enter into agreements.

The Town Manager is authorized to enter into agreements with respect to any unpaid Town tax bill, including any penalties and interest, to provide for the payment of the amounts due by installments. All such arrangements shall be subject to the provisions of this Article IV.

§ 204-22 Terms.

Any tax payment installment agreement authorized by this article should contain the following provisions:

A. The owner of the property from which taxes are due shall guarantee the payment of the total amounts to be paid, including any attorneys' fees, in the event of default;

B. In the event of default in the payment of any installment due under the tax payment installment agreement, the total amount provided for in that agreement, together with attorneys' fees in the amount of 10% of the total amount due, shall become due immediately if the default is not cured within 30 days of the date any installment is not paid on the date it is due;

C. The amounts due shall include all penalties and interest up to the date of the agreement and shall also include per-annum interest on the total amount due, computed on the basis of the amortized amount outstanding and at the rate provided by 6 Del. C. § 2301;

D. The installments shall be calculated so as to provide for full payment of all amounts due within 36 months of the date of the tax payment installment agreement; and

E. The installments shall be due and payable without any further notice or demand by the Town of Elsmere on the dates provided for in the agreement.

§ 204-23 Application fee.

[Amended 3-8-2012 by Ord. No. 545]

A. Any person who applies for a tax payment installment agreement shall be eligible to enter into such an agreement upon the payment of an application fee of $100. Any person paying this fee who completes the plan he or she entered into without failing to meet any of the terms or conditions of that plan shall have the option to have his or her application fee returned or to have his or her application fee applied towards his or her final payments; and

B. The Town Manager may waive the payment of this fee at the time the application is made; however, if the applicant fails to meet any of the terms or conditions of that plan, the application fee shall be added to the total amount due.

§ 204-24 When effective.

This article shall be effective immediately upon adoption.