HomeMy Public PortalAbout23-11-14 Resolution: Municipal Charges Liens for Nonpayment of Local Charge, Fee, or FineWatertown City Council
Administration Building
149 Main Street
Watertown, MA 02472
Phone: 617-972-6470
RESOLUTION# 2023 — R — h`,)A
RESOLUTION AUTHORIZING A PETION FOR SPECIAL LEGISLATION REGARDING
MUNICIPAL CHARGES LIENS FOR NONPAYMENT OF ANY LOCAL CHARGE, FEE,
OR FINE
WHEREAS: the City seeks to ensure compliance with the City Code and locally
enforced statutory requirements through imposition of charges and fees, including
issuance of fines for violations as necessary to ensure such compliance; and
WHEREAS: the City finds that existing methods of enforcement for violations
of City rules, such as criminal complaints and non -criminal disposition, are
inadequate or too cumbersome to administer in all cases; and
WHEREAS: the City seeks a more efficient and effective method of collecting
municipal charges, fees, and fines.
NOW THEREFORE BE IT RESOLVED: that the City Council of the City of
Watertown hereby authorizes the filing of a petition with the General Court for special
legislation to authorize the collection of municipal charges, fees, and fines via
municipal charges liens, as follows:
AN ACT AUTHORIZING THE CITY OF WATERTOWN TO PLACE
MUNICIPAL CHARGE LIENS ON CERTAIN PROPERTIES IN THE CITY
OF WATERTOWN FOR NONPAYMENT OF ANY LOCAL CHARGE, FEE
OR FINE.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same as follows:
SECTION 1. (a) The city of Watertown may impose a lien on property
located within the city for any local charge, fee, or fine that has not been
paid by the due date. This lien shall be known as a municipal charges lien.
For purposes of this act, local charge, fee or fine shall mean any charge,
fee, or fine imposed by the city under the city code, city regulations, statute
or regulations of the commonwealth, and any charge, fee, or fine imposed
by a court payable to the city as a result of any action initiated by city
officials to enforce the city code, city regulations, statute or regulations of the
commonwealth.
(b) A lien authorized under this act shall take effect upon recording of the
unpaid municipal charge, fee, or fine, by parcel of land and by the name of
the property owner assessed for the fine in the Middlesex south registry of
deeds.
(c) If a charge, fee, or fine which is secured by a municipal charges lien
remains unpaid when the city assessors are preparing a real estate tax list
and warrant to be committed under section 53 of chapter 59 of the general
laws, then the board or officer in charge of the collection of the municipal
charge, fee, or fine shall certify such charge, fee, or fine to the assessors,
who shall add the charge, fee, or fine to the tax on the property to which it
relates and commit it with the warrant to the collector of taxes as part of the
tax.
(d) If the property to which such charge, fee, or fine relates is tax exempt,
the charge, fee, or fine shall be committed as the tax.
(e) A lien under this section may be discharged by filing in the Middlesex
south registry of deeds, a certificate from the treasurer/collector that all
municipal charges, fees, or fines constituting the lien, together with any
interest and costs thereon, have been paid or legally abated.
(f) All costs of recording or discharging a lien under this act shall be borne by
the owner of the property.
(g) Prior to any lien being imposed for any local charge, fee, or fine as
defined by this act, a vote of the city council shall be taken specifying each
type of charge, fee, or fine to be collected pursuant to this act.
SECTION 2. This act shall take effect upon its passage.
and
BE IT FURTHER RESOLVED, that the General Court may make clerical or editorial
changes of form only to the proposed special act, unless the City Council approves such
changes as are consistent with the public purposes of this petition prior to enactment by
the General Court.
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I hereby certify that at a Meeting of the City Council for which a qu was present, the
above Resolution was adopted by a vote of ?for, 03gainst, and resent on
November 14, 2023.
Mark S. Sideris, Council President
Brendan T. McCarthy, Council Clerk
ELECTED OFFICIALS
Mark S. Sideris,
Council President
Caroline Bays,
Councilor At Large
Nicole Gardner,
District A Councilor
Vincent J. Piccirilli, Jr.,
Vice President &
District C Councilor
John G. Gannon,
Councilor At Large
Lisa J. Feltner,
District B Councilor
John M. Airasian,
Councilor At Large
Anthony Palomba,
Councilor At Large
Emily Izzo,
District D Councilor