[HISTORY: Adopted by the Town Meeting of the Town of Charlton 5-15-2023 ATM by Art. 14. Amendments noted where applicable.]
This bylaw is adopted pursuant to
the authority of MGL c. 40, §§ 21 and 58 and any other
relevant statutes and regulations.
The purpose of the establishment
of a municipal charges lien is to provide a cost effective method
of collecting a charge, fine, penalty and/or fee assessed against
an owner of real property in the Town who fails and/or refuses to
pay said charge or charges, fine or fines, penalty or penalties and/or
fee or fees when due, by placing a lien upon real estate owned by
the property owner.
The Municipal Charges Lien shall
apply to the following municipal charges, penalties, fines and fees,
including interest and all costs to record said lien(s) in the Worcester
District Registry of Deeds, for violations of the following unpaid
by the due date:
A.
Charlton Zoning Bylaw.
B.
Building permit fees inspections, failure
to obtain permits as set by the Board of Selectmen in accordance with
the Massachusetts State Building Code 780 CMR 109.1.
C.
Wiring permit fees, inspections, failure
to obtain permits as set by the Board of Selectmen in accordance with
the Massachusetts State Board of Fire Prevention Regulations 527 CMR
12.00.
D.
Plumbing permit fees, inspections, failure
to obtain permits as set by the Board of Selectmen in accordance with
the Massachusetts State Examiners of Plumbers and Gas Fitters, 248
CMR 3.05(1)(g)4.
E.
Gas fitting permit fees, inspections, failure
to obtain permits as set by the Board of Selectmen in accordance with
the Massachusetts State Examiners of Plumbers and Gas Fitters, 248
CMR 3.05(1)(g)4.
F.
Inspection fees issued by the Sealer of
Weights & Measures in accordance with MGL c. 98, § 56.
G.
Fines issued in accordance with 527 CMR
1.00 - Massachusetts Comprehensive Fire Safety Code.
I.
Fines issued under MGL c. 148A, § 2.
[Added 10-11-2023 ATM by Art. 8]
The municipal charges lien will take
effect upon the recording of a statement of unpaid municipal charges,
fines, penalties and fees, setting forth the amount due, including
recording costs, the address(es) of the land to which the lien is
to apply and the name of the assessed owner.
Collection of the lien shall be enforced
in accordance with MGL c. 40, § 58 and c. 41, § 38A.
A.
If a charge, fine, penalty or fee secured
by the lien is unpaid when the Assessors are preparing the real estate
tax list and warrant, the Tax Collector shall certify the charge or
penalty to the Assessors' Department and the Assessors shall add the
charge or fee to the next property tax bill to which it relates, and
commit it with the warrant to the collector as part of the tax.
B.
If the property to which the charge, fine,
penalty and/or fee relates is tax exempt, the charge or fee shall
be committed as a tax on said property.
The municipal charges lien may be
discharged pursuant to MGL c. 40, § 58.
