[Adopted 2-6-2002 by L.L. No. 1-2002]
It is declared that the establishment of an installment agreement
pursuant to § 1184 of the Real Property Tax Law which would
allow eligible owners of real property to pay their delinquent taxes
in installments over an eighteen-month period is desirable and acceptable
to a majority of the Common Council.
The purpose of this article is to allow eligible owners of real
property in the City of Rensselaer to pay their eligible delinquent
taxes by entering into an installment agreement with the City to pay
these taxes over an eighteen-month period. This article enables the
eligible owners to mail uniform payments to the City rather than the
City demanding the entire tax to be paid in full and then foreclosing
on the property if the owner is not able to pay the entire amount
due upon request.
The following terms will apply to the installment agreement
executed between all eligible property owners and the tax enforcing
officer:
A.
The owner(s) of each parcel must execute the installment agreement.
B.
There shall be a separate agreement executed for each eligible parcel.
C.
All owners of each parcel are jointly and severally liable.
D.
The term of the installment agreement will be 18 months.
E.
The eligible owners must make payments monthly in an amount set by
the tax enforcing officer.
F.
Eligible owners are required to make an initial down payment of 25%
of the eligible delinquent taxes.
G.
This article shall apply to all properties within the City of Rensselaer.
H.
Payments will be paid in equal amounts as set by the tax enforcing
officer on each payment due date.
I.
Each installment payment shall be due on the last day of the month
in which it is due.
J.
Interest on the amount of taxes due, less the amount of the 25% downpayment,
is at a rate specified in § 924-a of the Real Property Tax
Law for each month or portion thereof until payment is received.
K.
If eligible owners fail to pay an installation pursuant to this installment
agreement by the end of the 15th calendar day after the payment due
date, a late charge of 5% of the overdue payment shall be added.
L.
The Treasurer shall give a quarterly report to Council on the status
of the program.
A.
The eligible owner(s) shall be deemed to be in default of the installment
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
tax district, and which is not paid prior to the expiration of the
warrant of the collecting officer.
(3)
Default of the eligible owner(s) on another agreement made and executed
pursuant to this section.
B.
If the eligible owner(s) defaults under this agreement, the City
of Rensselaer has the right to demand that the owner(s) pay the outstanding
balance in full, including interest and late charges. If the eligible
owner(s) fail to pay the outstanding balance in full, the City of
Rensselaer may continue the tax foreclosure proceedings.
A.
Within 45 days after receiving the return of unpaid taxes or as soon
hereafter as it is practicable, the tax enforcing officer shall notify
all property owners who are potentially eligible to make installment
agreements on such delinquent taxes by first class mail.
B.
The tax enforcing officer will be allowed to add $1 to the amount
of the tax lien for this mailing.
C.
The failure of the tax enforcing officer to mail any notice or the
failure of the addressee to receive this notice shall not affect the
validity of taxes or interest.
D.
The tax enforcing officer shall not be required to notify the eligible
property owner when an installment payment is due.
