[Adopted 7-1-1996 by L.L. No. 1-1996 (Ch.
114 of the 1987 Code)]
As used in this article, the following terms
shall have the meanings indicated below:
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.
An owner of real property who is eligible to enter into 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 this article.
It is hereby provided that the City Treasurer
is hereby authorized and empowered to collect payment of eligible
delinquent taxes in installments.
The terms and conditions of such payments shall
be as follows:
A.
The maximum term of installment agreements shall not
exceed 24 months;
B.
The payment schedule shall be monthly, bimonthly,
quarterly or semiannually;
C.
The required initial down payment, if any, shall be
equal to a minimum of 25% of the eligible delinquent taxes;
D.
The properties to which the article shall apply shall
be all properties within the City tax district; and
E.
Other terms and conditions consistent with the provisions
of this article.
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 tax district 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; or
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.
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 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 owners
if any is required, shall be that amount as determined pursuant to
§ 924-a of the Real Property Tax Law, or such other law
as may be applicable. 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 applicable rate for each month
or portion thereof until paid. In addition, if an installment is not
paid by the end of the 15th calendar day after the payment due dates,
a late charge of 5% of the overdue payment shall be added.
A.
The eligible owners 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 City tax district and which is not paid prior to
the receipt of the return of unpaid taxes by the enforcing 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 tax district shall
have the right to require the entire unpaid balances with interest
and late charges to be paid in full. The City tax district 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
tax district 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 tax district 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, or as soon thereafter as is practicable,
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
one dollar to the amount of the tax lien for such mailing.
B.
The failure to mail any such notices, 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.
