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Article III
TOWN FINANCES
Section 1. The financial year shall begin on the first day of July and shall end of the thirtieth day of June provided, however, that the transitional period, the first financial year shall commence on January 1, 1973 and end on June 30, 1974.
Section 2. No money except state and county taxes and principal and interest of town notes or bonds shall be paid from the town treasury except upon a warrant therefore, signed by a majority of the Selectmen.
Section 3. There shall be an annual audit of the town's accounts under the supervision of the Director of Accounts in the Department of Corporations and Taxation in accordance with the provisions of Section 35 of Chapter 44 of the General Laws, as amended.
Section 4. No town officer and no salaried employee of the town or any agent of any such officer or employee, shall receive any compensation or commission for work done by him for the town, except his official salary, and fees allowed by law, without the permission of the Selectmen expressed in a vote which shall appear on their records with the reason therefore.
Section 5. All money received by any town officers or committees, or any person
acting for or on behalf of the town, shall upon receipt thereof be paid as provided by the statutes of the Commonwealth; but in all cases, the money so received shall be reported to the Board of Selectmen, who shall publish the same in the Annual Town Report.
Section 6. Whenever any person incurs any liability to the town on any claim or
demand, the department having charge thereof shall forthwith render a bill to said person and give notice in writing to the Collector of Taxes and to the Town Accountant, as to the name of the person liable therefore, his address, the amount and nature of such claim or demand, and all other information pertaining thereto that may assist the collection thereof. Upon receipt of such notice, the Collector of Taxes and the Town Accountant shall make appropriate entries in their respective books relating to such claim or demand. If said claim or demand is not paid within a reasonable time after a bill for the same has been sent, the Collector of Taxes, subject to the approval of the Board of Selectmen, shall take appropriate steps to collect the same, and upon payment thereof he shall notify the Town Accountant and the
department in charge of the matter and appropriate entries shall be made in their respective books pertaining to it. If any such claim or demand is paid in installments, the Collector of Taxes shall notify the Town Accountant of the receipt of such installment and the entries thereof, shall be made in their respective books.
Section 7. The Collector of Taxes shall have the sole authority to collect, receive, sue for all water bills and other sums due for the supply of water service furnished by the Town.
Section 8. Chapter 640 of the Acts of 1985, Commonwealth of Massachusetts, is hereby made a part of the Swampscott General By-Laws. (Adopted 5/5/87) Chapter 640. An Act Relative to the Granting or Renewing of Certain Licenses and Permits in Cities and Towns.
Be it enacted, etc., as follows:
Chapter 40, of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by adding the following section: Section 57. Any city and town which accepts the provisions of this section may by by-law or ordinance deny any application for, or revoke or suspend any local license or permit including renewals and transfers issued by any board, officer, department for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges. Such by-law or ordinances shall provide that:
(a) The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has betterments or other municipal charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
(b) The licensing authority may deny, revoke or suspend any license of permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector, provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen (14) days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial,
revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.
(c) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance of said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
(d) The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in Section One or Chapter Two Hundred and Sixty-eight in the business or activity conducted in or on said property.
This section shall not apply to the following licenses and permits: open burning; Section Thirteen of Chapter Forty-eight; bicycle permits; Section Eleven A of Chapter Eighty-five; sales of articles for charitable purposes, Section Thirty-three of Chapter One Hundred and One; children work permits, Section Sixty-nine of Chapter One Hundred and Forty-nine; clubs, associations, dispensing food or beverage licenses, Section Twenty-one E of Chapter One Hundred and Forty; dog licenses, Section One Hundred and Thirty-seven of Chapter One Hundred and Forty; fishing, hunting, trapping license, Section Twelve of Chapter One Hundred and Thirty-one; marriage licenses, Section Twenty-eight of Chapter Two Hundred and Seven theatrical events, public exhibition permits, Section One Hundred and Eighty-one of Chapter One Hundred and
Forty.
A city or town may exclude any local license or permit from this section by by-law or ordinance.
Section 9. The due date for the payment of municipal charges and bills other than taxes shall be 30 days from the date of mailing. Further that the rate of which interest shall accrue if such charges remain unpaid after such due dates shall be at the rate of which interest may be charged on tax bills under the provisions of Section 57 of Chapter 59, MGLA. (5/89).
Section 10. The Town Meeting shall not empower to fund any collective bargaining agreement not executed and filed in the Town Clerk's Office at least 21 days prior to convening of a regular or special Town Meeting. (5/6/98).
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