[Adopted 8-24-1992 as L.L. No. 4-1992; amended in its entirety 3-28-1995 by L.L. No. 2-1995]
[Amended 11-26-1996 by L.L. No. 6-1996; 2-24-2004 by L.L. No. 2-2004; 2-28-2006 by L.L. No.
1-2006]
Monthly installment payments shall be offered
to residential or commercial properties within the tax district and
do not have to be owner-occupied.
The City of Gloversville has agreed to accept
payment of delinquent taxes or other legal charges in installments
for the following:
A.
At least two years of arrears with each year of current
taxes and other legal charges;
B.
At least one year of arrears with each year of current
taxes and other legal charges; and
C.
Any other taxes in arrears after the thirty-day period
for payment has expired.
D.
Taxpayers will have 90 days from the adoption of "The
Revised Installment Tax Payment Plan" by the Council to enter into
the agreement with the City. After the ninety-day period, all delinquent
properties/taxpayers that have not signed up for the installment plan
will be subject to foreclosure proceedings.
[Added 2-28-2006 by L.L. No. 1-2006]
[Amended 2-28-2006 by L.L. No. 1-2006]
When an agreement has been made, executed and
filed with the tax district for the payment of such delinquent taxes
or other legal charges in installments, the first of which shall be
in an amount equal to at least 5% of such arrears, payable upon the
making and filing of the installment agreement, the balance of the
installments will collect at least one year of arrears and one year
of current taxes during each year of the period of the agreement.
The agreement shall be for a maximum term of 24 months.
[Amended 5-21-2001 by L.L. No. 2-2001; 2-28-2006 by L.L. No. 1-2006]
There will be an administrative charge of $12.50
per month, and all interest and penalties will continue to accumulate
on taxes and tax sales until they are paid.
[Amended 2-28-2006 by L.L. No. 1-2006]
The installments paid will not be credited directly
to the tax accounts but will be entered into a noninterest trust and
agency account for each individual installment agreement. When sufficient
funds have accumulated to pay a tax in whole, including accumulated
interest and penalties, the tax will be paid and the participant will
receive a tax receipt. All monthly payments are estimated. The last
payment completing the agreement may be either more or less than the
normal monthly payment. A refund of any remaining funds left in the
account will be refunded upon completion of the agreement. If a taxpayer
defaults on said installment agreement, the amount paid in will be
either held until the balance of the arrearages are paid or until
the property goes into foreclosure, whichever comes first. In the
instance of foreclosure, any funds held in the trust and agency account
shall revert to the City. There will be no refunds as long as there
is an outstanding tax and/or interest balance owed to the City.
[Amended 2-24-2003 by L.L. No. 2-2004]
If a participant fails to make monthly installments
for one month, he will lose the privilege of payment on installments,
and the agreement will be canceled, and he will revert to paying his
taxes in the traditional manner.
If a participant wishes to prepay the outstanding
balance, he can at any time, saving money both on handling charges,
penalties and interest.
Installment agreements for properties that are
in the in rem process will continue to go to the Common Council for
approval on an individual basis, so they can be removed from the lis
pendens as specified in § 1122, Article 11, of Title 3 of
the Real Property Tax Law.
[1]
Editor’s Note: Former § 261-36,
List of installation agreements, was repealed 2-28-2006 by L.L. No.
1-2006.
Nothing in this procedure relieves the taxpayer
from paying taxes, penalties or interest as required by the Real Property
Tax Law and the City Charter. Nor does it relieve the taxpayer of
any obligations under the Real Property Tax Law or the City Charter.
It is simply a collection procedure put in place by the City of Gloversville
to ease the burden of paying taxes.[1]
[1]
Editor's Note: Former § 261-38,
Definitions, which immediately followed this section, was repealed
11-26-1996 by L.L. No. 6-1996.
