§ 2-145. Municipal tax repayment agreements.

(a)

Authority . This section is adopted pursuant to the authority of M.G.L.A. c. 60, § 62A, which authorizes municipalities to enact ordinances to authorize payment agreements between the city treasurer/collector and persons entitled to redeem parcels in tax title.

(b)

Purpose and intent . The purpose and intent of this chapter [section] is to foster the collection of unpaid taxes and assessments and to promote community reinvestment. The city finds and determines that such a program will mitigate the consequences of property seizures and will help delinquent taxpayers meet their obligations to the city while avoiding the legal expenses and time delays of taking the property to land court. During the term of any municipal tax repayment agreement, the treasurer/collector may not bring an action to foreclose the tax title account unless the taxpayer fails to comply with the terms and conditions of the municipal tax repayment agreement.

(c)

Definitions . For the purpose of this chapter [section], the following definitions shall be applicable.

Commercial taxpayer means the owner of record of a commercial, industrial or institutional use property.

Documentation means supporting documentation including, but not limited to, the following:

a.

Federal and state income tax returns;

b.

Savings and checking account statements;

c.

Financial statements;

d.

Schedule of assets; and

e.

Outstanding bills.

(d)

Community reinvestment agreement .

(1)

Any delinquent commercial, industrial or institutional taxpayer may enter into a community reinvestment tax repayment agreement and, upon execution of such agreement with the city treasurer/collector, shall make a minimum payment of 25 percent of the total amount to redeem the parcel. The maximum term of a community reinvestment agreement cannot exceed two years for a commercial, institutional, or industrial delinquent taxpayer.

(2)

The treasurer/collector is authorized to grant and to waive 50 percent of the interest that has accrued on the amount of tax on the tax title account in a community reinvestment agreement to commercial, institutional, or industrial taxpayer under the following criteria:

a.

A commercial/industrial delinquent taxpayer that is based in an area of Westfield documented to be located on an environmental, contaminated site in accordance with state or federal environmental protection regulations, wherein the owner commits in writing to specific steps toward remediation and property improvements.

b.

In cases where the commercial, institutional or industrial user commits in writing to implement specific investments in the property during the term of the repayment agreement worth at least twice the amount of taxes, excluding interest and penalties, owed on the property, upon completion of such improvements.

(e)

Penalties . The taxpayer must pay all current taxes owed when due. Any failure to stay current on taxes, payments, fees, and licenses issued by or otherwise owed the city when due would cause the municipal tax repayment agreement to be terminated immediately.

(Ord. No. 1660 , 12-15-16)